Heavy Vehicle National Law Application Act 2013

Authorised by the Chief Parliamentary Counsel Authorised Version i Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purposes 1 2 Commencement 2 3 Definitions 2 PART 2—APPLICATION OF HEAVY VEHICLE NATIONAL LAW 3 4 Application of Heavy Vehicle National Law 3 5 Exclusion of legislation of this jurisdiction 3 6 Disallowance of national regulations 4 7 Rail replacement buses and buses responding to an emergency exemption 5 8 Return of seized things or samples 7 9 Use of certificates in assessing compensation 7 PART 3—MEANING OF TERMS FOR HEAVY VEHICLE NATIONAL LAW (VICTORIA) 8 10 Meaning of generic terms in Heavy Vehicle National Law for the purposes of this jurisdiction 8 11 Authorised warrant official 8 12 Authorised officer 8 13 Infringement Notice Offences Law 9 14 Local government authority 9 15 Relevant tribunal or court 9 16 Responsible Minister 10 17 Road authority 10 18 Road manager 10 19 Road Rules 12 20 Meaning of road and road-related area 12 21 Meaning of convicts and convicted of an offence 13 22 Primary WHS Law 13 23 Power to forfeit particular things or samples 13 24 Infringement offence under the Heavy Vehicle National Law (Victoria) 13 25 Infringement penalty 14 -- 1 of 1279 -- Section Page ii Authorised by the Chief Parliamentary Counsel 26 Review of decision by VCAT 14 27 Meaning of relevant law 14 28 Toll road authority 14 PART 4—OFFENCES AND LEGAL PROCEEDINGS 16 Division 1—General 16 29 No double jeopardy 16 30 Offences for which the person charged does not have the benefit of the mistake of fact defence 16 31 Persons who may commence proceedings for offences 17 Division 2—Evidentiary provisions for offences against the Heavy Vehicle National Law (Victoria) or national regulations 18 32 Average speed evidence of actual speed in certain circumstances 18 33 Evidence of road distance 19 34 Evidence of speed 20 35 Evidence of engine management system data 20 36 Certain matters indicated by prescribed road safety cameras are evidence 21 37 Evidence of testing and sealing 22 38 Evidence relating to prescribed road safety cameras 23 PART 5—REGISTRATION OF HEAVY VEHICLES 25 39 Application of Part 25 40 Registration provisions of Heavy Vehicle National Law (Victoria) do not apply 25 41 GCM 25 42 GVM 25 43 Registration 25 44 Registration exemption 26 45 Registration number 26 46 Vehicle register 26 47 Unregistered heavy vehicle permit 27 48 Compliance with heavy vehicle standards 27 49 Registration of an exempt vehicle 28 50 Cancellation or suspension of an exemption 28 51 Requirements about vehicle defect notice 28 52 Power to cancel or suspend vehicle registration 29 53 Repeal of Part 29 -- 2 of 1279 -- Section Page iii Authorised by the Chief Parliamentary Counsel PART 6—GENERAL 30 Division 1—Regulations 30 54 Regulations 30 55 Repeal of transitional regulation making powers 31 Division 2—Savings and transitional provisions 31 56 Definitions 31 57 Authorised officers 31 58 Fatigue management 32 59 Work diary 32 PART 7—CONSEQUENTIAL AMENDMENTS 33 60 Consequential amendments 33 61 Repeal 33 __________________ SCHEDULE—Consequential Amendments 34 PART 1—CONSEQUENTIAL AMENDMENTS ON COMMENCEMENT OF NATIONAL LAW 34 1 Accident Compensation Act 1985 34 239AAD Regulator may disclose information to Authority 34 2 Accident Towing Services Act 2007 35 3 Children, Youth and Families Act 2005 35 4 Infringements Act 2006 36 5 Interpretation of Legislation Act 1984 36 38I References to Heavy Vehicle National Law 36 6 Local Government Act 1989 36 208AA Heavy Vehicle National Law (Victoria) 36 7 Magistrates' Court Act 1989 36 8 Road Safety Act 1986 36 103ZG Transitional provision Heavy Vehicle National Law Application Act 2013 38 149A Part does not apply to a heavy vehicle 39 PART 10A—FATIGUE MANAGEMENT LIGHT BUSES 40 Division 1—Application of Heavy Vehicle National Law (Victoria) 40 191A Definition 40 191B Application of the Heavy Vehicle National Law (Victoria)—fatigue management of light buses 40 -- 3 of 1279 -- Section Page iv Authorised by the Chief Parliamentary Counsel Division 2—Meaning of terms for Heavy Vehicle National Law (Victoria) 40 191C Meaning of fatigue-regulated heavy vehicle 40 191D Meaning of fatigue-regulated bus 40 191E Meaning of Regulator 41 191F Meaning of responsible Ministers 41 9 Sheriff Act 2009 41 PART 2—CONSEQUENTIAL AMENDMENTS FOR NATIONAL REGISTRATION 42 10 Accident Towing Services Act 2007 42 11 Environment Protection Act 1970 42 12 Heavy Vehicle National Law Application Act 2013 43 13 Infringements Act 2006 44 14 Motor Car Traders Act 1986 47 42B All heavy vehicles must be sold with a certificate 47 15 Road Safety Act 1986 49 16 Transport Accident Act 1986 50 17 Transport (Compliance and Miscellaneous) Act 1983 52 ═══════════════ ENDNOTES 53 Annexure 54 -- 4 of 1279 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Heavy Vehicle National Law Application Act 2013 † No. 30 of 2013 [Assented to 4 June 2013] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purposes The main purposes of this Act are— (a) to provide for the application of a National Law to regulate the use of heavy vehicles; and (b) to make related and consequential amendments to other Acts. Victoria -- 5 of 1279 -- Part 1—Preliminary Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 2 Authorised by the Chief Parliamentary Counsel 2 Commencement This Act comes into operation on a day or days to be proclaimed. 3 Definitions (1) In this Act— Heavy Vehicle National Law (Victoria) means the provisions applying in this jurisdiction because of section 4; magistrate means a magistrate within the meaning of the Magistrates' Court Act 1989; Roads Corporation has the same meaning as in the Transport Integration Act 2010; Scrutiny of Acts and Regulations Committee means the committee established under section 5(k) of the Parliamentary Committees Act 2003; this jurisdiction means Victoria. (2) Terms used in this Act and also in the Heavy Vehicle National Law set out in the Schedule to the Heavy Vehicle National Law Act 2012 of Queensland have the same meanings in this Act as they have in that law. __________________ s. 2 -- 6 of 1279 -- Part 2—Application of Heavy Vehicle National Law Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 3 Authorised by the Chief Parliamentary Counsel PART 2—APPLICATION OF HEAVY VEHICLE NATIONAL LAW 4 Application of Heavy Vehicle National Law The Heavy Vehicle National Law, as in force from time to time, set out in the Schedule to the Heavy Vehicle National Law Act 2012 of Queensland— (a) subject to Part 5, applies as a law of this jurisdiction; and (b) as so applying may be referred to as the Heavy Vehicle National Law (Victoria); and (c) so applies as if it were an Act. 5 Exclusion of legislation of this jurisdiction (1) The following Acts of this jurisdiction do not apply to the Heavy Vehicle National Law (Victoria) or to instruments made under that Law— (a) the Financial Management Act 1994; (b) the Freedom of Information Act 1982; (c) the Information Privacy Act 2000; (d) the Interpretation of Legislation Act 1984, other than sections 11, 13 and 46A; (e) the Monetary Units Act 2004; (f) the Public Administration Act 2004; (g) the Public Records Act 1973; (h) the Subordinate Legislation Act 1994 (except as provided by section 6). (2) However, the Acts referred to in subsection (1)(a), (b), (c), (f) and (g) apply to a public sector body or a public sector employee exercising a function under the Heavy Vehicle National Law (Victoria). s. 4 -- 7 of 1279 -- Part 2—Application of Heavy Vehicle National Law Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 4 Authorised by the Chief Parliamentary Counsel (3) The Audit Act 1994 does not apply to the Heavy Vehicle National Law (Victoria) or to instruments made under that law, except to the extent that that law and those instruments apply to— (a) a public sector body and the employees, decisions, actions and records of the public sector body in carrying out a function; or (b) the Auditor-General in carrying out an audit as required by a national regulation made under section 693(3)(b) of the Heavy Vehicle National Law (Victoria). (4) For the avoidance of doubt— (a) subsection (1)(d) does not limit the application of the Interpretation of Legislation Act 1984 to a provision of this Act; (b) subsection (1)(h) does not limit the application of the Subordinate Legislation Act 1994 to regulations made under section 54 of this Act. (5) In this section— public sector body has the same meaning as in the Public Administration Act 2004; public sector employee has the same meaning as in the Public Administration Act 2004. 6 Disallowance of national regulations (1) Section 15(1) and Part 5 (except sections 21(1)(ga) and (j)) of the Subordinate Legislation Act 1994 apply to a national regulation as if— (a) the national regulation were a statutory rule within the meaning of that Act; and (b) a reference in section 15(1) of that Act to the publication of notice of the making of the statutory rule in the Government Gazette s. 6 -- 8 of 1279 -- Part 2—Application of Heavy Vehicle National Law Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 5 Authorised by the Chief Parliamentary Counsel under section 17(2) of that Act were a reference to the later of— (i) the publication of the national regulation under section 733 of the Heavy Vehicle National Law (Victoria); (ii) the day this section comes into operation. Note Section 15(1) of the Subordinate Legislation Act 1994 requires that a statutory rule be laid before each House of Parliament. Part 5 of that Act provides for the suspension or disallowance of statutory rules in certain circumstances. (2) If a national regulation is disallowed in whole or in part under the Subordinate Legislation Act 1994, then despite anything to the contrary in that Act, the disallowed regulation does not, or the disallowed part does not, cease to have effect in this jurisdiction unless the disallowed regulation, or disallowed part, is disallowed in a majority of the participating jurisdictions. (3) In such a case, the disallowed regulation, or disallowed part, ceases to have effect on the date that regulation or part is disallowed in the last of the participating jurisdictions forming the majority of participating jurisdictions. 7 Rail replacement buses and buses responding to an emergency exemption (1) Chapter 6 of the Heavy Vehicle National Law (Victoria) does not apply to a person in the course of carrying out his or her duties as— (a) a driver for a rail replacement bus service who is responding to a rail disruption; or (b) a driver for a bus service who is responding to an emergency. s. 7 -- 9 of 1279 -- Part 2—Application of Heavy Vehicle National Law Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 6 Authorised by the Chief Parliamentary Counsel (2) In this section— bus service has the same meaning as in the Bus Safety Act 2009; 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, 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, State or Territory authority responsible for managing responses to emergencies or disasters; rail disruption means the unplanned disruption of a rail service that is sufficiently serious to require the provision of a rail replacement bus service; rail replacement bus service means a bus service (operated by an accredited bus operator within the meaning of the Bus Safety Act 2009) which carries passengers of a disrupted rail service; rail service means a train service or a tram service. s. 7 -- 10 of 1279 -- Part 2—Application of Heavy Vehicle National Law Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 7 Authorised by the Chief Parliamentary Counsel 8 Return of seized things or samples Section 556 of the Heavy Vehicle National Law (Victoria) applies as if after section 556(4) there were inserted— "(4A) If the relevant tribunal or court is not satisfied as set out in subsection (4), it may— (a) 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; or (b) make an order that the thing or sample be forfeited to the State and— (i) destroyed in accordance with the order; or (ii) sold in accordance with the order and the proceeds of the sale paid into the Consolidated Fund. (4B) An order made under subsection (4A)(b) cannot take effect before the end of any applicable appeal period or the determination of any appeal made within that period.". 9 Use of certificates in assessing compensation Section 613(1) of the Heavy Vehicle National Law (Victoria) applies as if a reference in that section to 28 days were a reference to 60 days. __________________ s. 8 -- 11 of 1279 -- Part 3—Meaning of Terms for Heavy Vehicle National Law (Victoria) Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 8 Authorised by the Chief Parliamentary Counsel PART 3—MEANING OF TERMS FOR HEAVY VEHICLE NATIONAL LAW (VICTORIA) 10 Meaning of generic terms in Heavy Vehicle National Law for the purposes of this jurisdiction In the Heavy Vehicle National Law (Victoria)— Roads Corporation has the same meaning as in the Transport Integration Act 2010; this jurisdiction means Victoria. 11 Authorised warrant official A magistrate is declared to be an authorised warrant official for this jurisdiction for the purposes of the Heavy Vehicle National Law (Victoria). Note See section 5 of the Heavy Vehicle National Law (Victoria) for the definition of authorised warrant official. 12 Authorised officer (1) A member of the force authorised by the Chief Commissioner of Police is declared to be an authorised officer for the purposes of Part 9.2 of the Heavy Vehicle National Law (Victoria). (2) Any member of the force is declared to be an authorised officer for the purposes of the Heavy Vehicle National Law (Victoria) other than Part 9.2. (3) In this section— member of the force has the same meaning as in the Police Regulation Act 1958. Note See section 5 of the Heavy Vehicle National Law (Victoria) for the definition of authorised officer. s. 10 -- 12 of 1279 -- Part 3—Meaning of Terms for Heavy Vehicle National Law (Victoria) Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 9 Authorised by the Chief Parliamentary Counsel 13 Infringement Notice Offences Law The Infringements Act 2006 and the regulations made under that Act are declared to be the Infringement Notice Offences Law for the purposes of the Heavy Vehicle National Law (Victoria). Note See section 5 of the Heavy Vehicle National Law (Victoria) for the definition of Infringement Notice Offences Law. 14 Local government authority A Council within the meaning of the Local Government Act 1989 is declared to be a local government authority for this jurisdiction for the purposes of the Heavy Vehicle National Law (Victoria). Note See section 5 of the Heavy Vehicle National Law (Victoria) for the definition of local government authority. 15 Relevant tribunal or court (1) VCAT is declared to be the relevant tribunal or court for this jurisdiction for the purposes of the Heavy Vehicle National Law (Victoria) other than Division 2 of Part 9.4. Note See section 5 of the Heavy Vehicle National Law (Victoria) for the definition of relevant tribunal or court. (2) The Magistrates' Court is declared to be the relevant tribunal or court for this jurisdiction for the purposes of Division 2 of Part 9.4 of the Heavy Vehicle National Law (Victoria). s. 13 -- 13 of 1279 -- Part 3—Meaning of Terms for Heavy Vehicle National Law (Victoria) Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 10 Authorised by the Chief Parliamentary Counsel 16 Responsible Minister The Minister responsible for administering this Act is nominated as the responsible Minister for this jurisdiction for the purposes of the Heavy Vehicle National Law (Victoria). Note See section 5 of the Heavy Vehicle National Law (Victoria) for the definition of responsible Minister. 17 Road authority The Roads Corporation is declared to be the road authority for this jurisdiction for the purposes of the Heavy Vehicle National Law (Victoria). Note See section 5 of the Heavy Vehicle National Law (Victoria) for the definition of road authority. 18 Road manager (1) The following entities are declared to be the road manager for the following roads for the purposes of the Heavy Vehicle National Law (Victoria)— (a) the Roads Corporation for— (i) a freeway; (ii) an arterial road; (iii) the Extension road; (iv) the Link road; (v) the EastLink; (vi) the Peninsula Link Freeway; (b) the relevant responsible road authority under section 37(1)(c) or (d) of the Road Management Act 2004 for a non-arterial State road; s. 16 -- 14 of 1279 -- Part 3—Meaning of Terms for Heavy Vehicle National Law (Victoria) Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 11 Authorised by the Chief Parliamentary Counsel (c) the Council of the municipal district for a municipal road or part of a municipal road situated in that district; (d) the owner of the road for any other road. Note See section 5 of the Heavy Vehicle National Law (Victoria) for the definition of road manager. (2) An entity referred to in subsection (1) may enter into an arrangement with another such entity to transfer a function of the entity in relation to a road to that other entity. (3) If an arrangement is in force under subsection (2), a reference in the Heavy Vehicle National Law (Victoria) to the road manager for the road in relation to the function transferred is taken to be a reference to the entity to which the function has been transferred. (4) In this section— arterial road has the same meaning as in the Road Management Act 2004; EastLink has the same meaning as in the EastLink Project Act 2004; Extension road has the same meaning as in the Melbourne City Link Act 1995; freeway has the same meaning as in the Road Management Act 2004; Link road has the same meaning as in the Melbourne City Link Act 1995; municipal road has the same meaning as in the Road Management Act 2004; non-arterial State road has the same meaning as in the Road Management Act 2004; s. 18 -- 15 of 1279 -- Part 3—Meaning of Terms for Heavy Vehicle National Law (Victoria) Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 12 Authorised by the Chief Parliamentary Counsel Peninsula Link Freeway has the same meaning as in the Road Management Act 2004. 19 Road Rules The Road Safety Road Rules 2009 made under section 95D of the Road Safety Act 1986 are declared to be the Road Rules for the purposes of the Heavy Vehicle National Law (Victoria). Note See section 5 of the Heavy Vehicle National Law (Victoria) for the definition of Road Rules. 20 Meaning of road and road-related area (1) If a declaration of a place or class of places to be a road or roads or a road related area or road related areas for the purposes of the Road Safety Act 1986 in an Order made under section 3(2)(a) of that Act is in force, it is taken to be a declaration of the area to which it relates to be a road or road- related area (as the case requires) for the purposes of the Heavy Vehicle National Law (Victoria). Note Section 8(3) of the Heavy Vehicle National Law (Victoria) provides for the declaration of an area to be a road or road- related area for the purposes of that Law. (2) If a declaration of a place or class of places not to be a road or roads or a road related area or road related areas for the purposes of the Road Safety Act 1986 in an Order made under section 3(2)(a) of that Act is in force, the area to which the declaration relates is taken not to be a road or road-related area (as the case requires) for the purposes of the Heavy Vehicle National Law (Victoria). s. 19 -- 16 of 1279 -- Part 3—Meaning of Terms for Heavy Vehicle National Law (Victoria) Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 13 Authorised by the Chief Parliamentary Counsel 21 Meaning of convicts and convicted of an offence For the avoidance of doubt, section 9(1) of the Heavy Vehicle National Law (Victoria) applies only for the purposes of that Law and offences under that Law and not for the purposes of any other law of this jurisdiction. 22 Primary WHS Law The Occupational Health and Safety Act 2004 and the regulations made under that Act are declared to be the primary WHS Law for the purposes of the Heavy Vehicle National Law (Victoria). Note See section 18(4) of the Heavy Vehicle National Law (Victoria) for the definition of primary WHS Law. 23 Power to forfeit particular things or samples The Police Regulation Act 1958 is the applicable legislation for the purposes of section 561(4)(b) of the Heavy Vehicle National Law (Victoria). Note Section 561(4)(b) of the Heavy Vehicle National Law (Victoria) makes provision for dealing with things or samples seized by a police officer. 24 Infringement offence under the Heavy Vehicle National Law (Victoria) An offence for which an infringement notice may be served under section 591 of the Heavy Vehicle National Law (Victoria) is an infringement offence for the purposes of the Infringements Act 2006. s. 21 -- 17 of 1279 -- Part 3—Meaning of Terms for Heavy Vehicle National Law (Victoria) Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 14 Authorised by the Chief Parliamentary Counsel 25 Infringement penalty The infringement penalty for a prescribed offence within the meaning of section 591 of the Heavy Vehicle National Law (Victoria) is 10% of the maximum penalty for the offence. Note Section 591(3) of the Heavy Vehicle National Law (Victoria) sets out the meaning of prescribed offence. Section 596(3) of the Heavy Vehicle National Law (Victoria) provides for the maximum penalty for an offence applicable to a body corporate. Section 737 of the Heavy Vehicle National Law (Victoria) sets out the method for increasing a penalty amount each 1 July. 26 Review of decision by VCAT (1) A reference in the Heavy Vehicle National Law (Victoria) to an appeal against a review decision under Part 11.3 of that Law is a reference to an application to VCAT for review of the decision in accordance with the Victorian Civil and Administrative Tribunal Act 1998. (2) For the avoidance of doubt, the Heavy Vehicle National Law (Victoria) is an enabling enactment for the purposes of the Victorian Civil and Administrative Tribunal Act 1998. 27 Meaning of relevant law The Road Safety Act 1986 is the law specified for the purposes of the definition of relevant law in section 727(1) of the Heavy Vehicle National Law (Victoria). 28 Toll road authority Each of the following is an entity for the purposes of paragraph (h) of the definition of authorised use in section 727(1) of the Heavy Vehicle National Law (Victoria)— (a) the relevant corporation within the meaning of the Melbourne City Link Act 1995; s. 25 -- 18 of 1279 -- Part 3—Meaning of Terms for Heavy Vehicle National Law (Victoria) Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 15 Authorised by the Chief Parliamentary Counsel (b) the Freeway Corporation within the meaning of the EastLink Project Act 2004; (c) any other person the Roads Corporation, by notice published in the Government Gazette, declares to be an entity for the purposes of that paragraph. __________________ s. 28 -- 19 of 1279 -- Part 4—Offences and Legal Proceedings Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 16 Authorised by the Chief Parliamentary Counsel PART 4—OFFENCES AND LEGAL PROCEEDINGS Division 1—General 29 No double jeopardy If— (a) an act or omission is an offence against the Heavy Vehicle National Law (Victoria) or the national regulations and is also an offence against a law of another participating jurisdiction; and (b) the offender has been punished for the offence under the law of the other jurisdiction— the offender is not liable to be punished for the offence against the Heavy Vehicle National Law (Victoria) or the national regulations. 30 Offences for which the person charged does not have the benefit of the mistake of fact defence (1) This section declares the effect of a provision of the Heavy Vehicle National Law (Victoria) or the national regulations that states that a person charged with an offence does not have the benefit of the mistake of fact defence for the offence. (2) It is not a defence to a charge for the offence that, at or before the time of the conduct constituting the offence, the person was under a mistaken but honest and reasonable belief about facts which, had they existed, would have meant that the conduct would not have constituted an offence. Note See section 14 of the Heavy Vehicle National Law (Victoria). s. 29 -- 20 of 1279 -- Part 4—Offences and Legal Proceedings Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 17 Authorised by the Chief Parliamentary Counsel 31 Persons who may commence proceedings for offences (1) A proceeding for an offence against the Heavy Vehicle National Law (Victoria) or the national regulations may be commenced by— (a) the Regulator; or (b) the Roads Corporation; or (c) an officer of the Roads Corporation who is authorised in writing to do so either generally or in any particular case by the Regulator or the Roads Corporation; or (d) an employee of the Victorian Public Service who is authorised in writing to do so either generally or in any particular case by the Regulator; or (e) an authorised officer who is authorised in writing to do so either generally or in any particular case by the Regulator or the Roads Corporation; or (f) a person who is authorised in writing to do so either generally or in any particular case by the Regulator or the Roads Corporation where the offence occurs on land or premises that are vested in or under the control of the Regulator or the Roads Corporation. (2) An authorisation under subsection (1) is sufficient authority to continue proceedings in any case where the court amends the charge-sheet, warrant or summons. (3) Any person authorised under subsection (1) may conduct before a court any proceedings for an offence against the Heavy Vehicle National Law (Victoria) or the national regulations. s. 31 -- 21 of 1279 -- Part 4—Offences and Legal Proceedings Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 18 Authorised by the Chief Parliamentary Counsel Division 2—Evidentiary provisions for offences against the Heavy Vehicle National Law (Victoria) or national regulations 32 Average speed evidence of actual speed in certain circumstances (1) If, in a proceeding for an offence against the Heavy Vehicle National Law (Victoria) or national regulations— (a) the speed at which a heavy vehicle travelled is relevant; and (b) the prosecution relies on the average speed of the heavy vehicle between 2 points on a road as determined in accordance with subsection (2)— the average speed so determined is evidence, and in the absence of evidence of the actual speed of the heavy vehicle to the contrary is proof, of the speed of the heavy vehicle. (2) For the purposes of subsection (1), the average speed of a heavy vehicle between 2 points on a road expressed in kilometres per hour is calculated in accordance with the following formula and rounded down to the next whole number— D × 3 6 T ⋅ where— D is the shortest distance, expressed in metres, that would be travelled by a heavy vehicle on the road between the 2 points; s. 32 -- 22 of 1279 -- Part 4—Offences and Legal Proceedings Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 19 Authorised by the Chief Parliamentary Counsel T is the time, expressed in seconds (including any part of a second), that has elapsed between the heavy vehicle passing the first and second points. Example In 16·2 seconds a heavy vehicle travels between two points that are 400 metres apart. 400 × 3·6 divided by 16·2 equals 88·9 or, when rounded down to the next whole number, gives a result of 88. Therefore, for the purpose of subsection (1), the average speed of the heavy vehicle is 88 kilometres per hour. (3) This section does not derogate from any other mode of proof of the speed of the heavy vehicle. (4) For the purpose of a proceeding for an offence against the Heavy Vehicle National Law (Victoria) or national regulations, in which the speed at which a heavy vehicle travelled is relevant, if a heavy vehicle that is being towed is attached to a heavy vehicle, the heavy vehicle and the towing heavy vehicle are to be taken to be travelling at the same speed. 33 Evidence of road distance (1) A certificate in the prescribed form purporting to be issued by an approved surveyor certifying as to the shortest distance, expressed in metres, that would be travelled by a heavy vehicle on a road between 2 points is admissible in evidence in a proceeding for an offence against the Heavy Vehicle National Law (Victoria) or national regulations and, in the absence of evidence to the contrary, is proof of that distance. (2) In this section— approved surveyor means a licensed surveyor approved under section 78A(2) of the Road Safety Act 1986; s. 33 -- 23 of 1279 -- Part 4—Offences and Legal Proceedings Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 20 Authorised by the Chief Parliamentary Counsel prescribed means prescribed in regulations made under the Road Safety Act 1986 for the purposes of section 78A of that Act. 34 Evidence of speed (1) If, in a proceeding for an offence against the Heavy Vehicle National Law (Victoria) or national regulations, the speed at which a heavy vehicle travelled on any occasion is relevant, evidence of the speed of the heavy vehicle as indicated or determined on that occasion by a prescribed road safety camera or prescribed speed detector when tested, sealed and used in the prescribed manner is, without prejudice to any other mode of proof and in the absence of evidence to the contrary, proof of the speed of the heavy vehicle on that occasion. (2) For the purpose of a proceeding for an offence against the Heavy Vehicle National Law (Victoria) or national regulations in which the speed at which a heavy vehicle travelled on any occasion is relevant, if a heavy vehicle that is being towed is attached to another heavy vehicle, the heavy vehicle and the towing heavy vehicle are to be taken to be travelling at the same speed. (3) In this section— prescribed means prescribed in regulations made under the Road Safety Act 1986 for the purposes of section 79 of that Act. 35 Evidence of engine management system data (1) If, in a proceeding for an offence against the Heavy Vehicle National Law (Victoria) or national regulations, any information held in a heavy vehicle's engine management system is relevant, any representation of that information derived from an engine management system reading device specified by the regulations is to be s. 34 -- 24 of 1279 -- Part 4—Offences and Legal Proceedings Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 21 Authorised by the Chief Parliamentary Counsel presumed, in the absence of evidence to the contrary, to be an accurate record of that information if the device is operated in the manner specified for that device in the regulations and the information is derived in accordance with the regulations. (2) In this section— the regulations means regulations made under the Road Safety Act 1986 for the purposes of section 79A of that Act. 36 Certain matters indicated by prescribed road safety cameras are evidence (1) If, in a proceeding for an offence against section 204, 205, 206, 207, 208, 209, 210, 211, 212, 213 or 219 of the Heavy Vehicle National Law (Victoria) the speed at which a heavy vehicle travelled on any occasion is relevant, evidence of the speed of the heavy vehicle as indicated or determined on that occasion by— (a) a prescribed road safety camera when tested, sealed and used in the prescribed manner; or (b) an image or message produced by a prescribed road safety camera when tested, sealed and used in the prescribed manner; or (c) an image or message produced by a prescribed process when used in the prescribed manner— is, without prejudice to any other mode of proof and in the absence of evidence to the contrary, proof of the speed of the heavy vehicle on that occasion. s. 36 -- 25 of 1279 -- Part 4—Offences and Legal Proceedings Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 22 Authorised by the Chief Parliamentary Counsel (2) For the purpose of a proceeding for an offence against section 204, 205, 206, 207, 208, 209, 210, 211, 212, 213 or 219 of the Heavy Vehicle National Law (Victoria) in which the speed at which a heavy vehicle travelled on any occasion is relevant, if a heavy vehicle that is being towed is attached to another heavy vehicle, the heavy vehicle or towed heavy vehicle and the towing heavy vehicle are to be taken to be travelling at the same speed. (3) If, in a proceeding for an offence against section 204, 205, 206, 207, 208, 209, 210, 211, 212, 213 or 219 of the Heavy Vehicle National Law (Victoria), the speed limit at the time and place at which a heavy vehicle travelled on any occasion is relevant, evidence of the speed limit at that time and place as indicated or determined on that occasion by an image or message produced by a prescribed process when used in the prescribed manner is, without prejudice to any other mode of proof and in the absence of evidence to the contrary, proof of the speed limit on that occasion. (4) In this section— prescribed means prescribed in regulations made under the Road Safety Act 1986 for the purposes of section 81 of that Act. 37 Evidence of testing and sealing (1) In a proceeding for an offence against the Heavy Vehicle National Law (Victoria) or national regulations, a certificate in the prescribed form to the effect that any prescribed speed detector referred to in section 34 has been tested or sealed in the prescribed manner, signed or purporting to be signed by a person authorised to do so by the regulations is, without prejudice to any other mode of proof and in the absence of evidence to s. 37 -- 26 of 1279 -- Part 4—Offences and Legal Proceedings Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 23 Authorised by the Chief Parliamentary Counsel the contrary, proof that the prescribed speed detector or device has been so tested or sealed. (2) In this section— prescribed means prescribed in regulations made under the Road Safety Act 1986 for the purposes of section 83 of that Act. 38 Evidence relating to prescribed road safety cameras (1) A certificate containing the prescribed information purporting to be issued by an authorised person certifying— (a) that a prescribed road safety camera was tested, sealed or used in the prescribed manner; or (b) that an image or message described in the certificate was produced by a prescribed road safety camera or by a prescribed process; or (c) as to any other matter that appears in, or that can be determined from, the records kept in relation to the prescribed road safety camera or the prescribed process by the police force of Victoria— is admissible in evidence in a proceeding for an offence against the Heavy Vehicle National Law (Victoria) or national regulations and, in the absence of evidence to the contrary, is proof of the matters stated in the certificate. (2) In this section— authorised person means a person authorised for the purposes of section 83A of the Road Safety Act 1986 by the Chief Commissioner of Police; s. 38 -- 27 of 1279 -- Part 4—Offences and Legal Proceedings Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 24 Authorised by the Chief Parliamentary Counsel prescribed means prescribed in regulations made under the Road Safety Act 1986 for the purposes of section 83A of that Act. __________________ s. 38 -- 28 of 1279 -- Part 5—Registration of Heavy Vehicles Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 25 Authorised by the Chief Parliamentary Counsel PART 5—REGISTRATION OF HEAVY VEHICLES 39 Application of Part This Part applies for the period beginning on the commencement of section 4 and ending on the commencement of section 53. 40 Registration provisions of Heavy Vehicle National Law (Victoria) do not apply Chapter 2 of the Heavy Vehicle National Law set out in the Schedule to the Heavy Vehicle National Law Act 2012 of Queensland does not apply as a law of this jurisdiction. 41 GCM The Heavy Vehicle National Law (Victoria) applies as if for the definition of GCM in section 5 of that Law there were substituted— "GCM has the same meaning as in the Road Safety Act 1986.". 42 GVM The Heavy Vehicle National Law (Victoria) applies as if for the definition of GVM in section 5 of that Law there were substituted— "GVM has the same meaning as in the Road Safety Act 1986.". 43 Registration (1) The Heavy Vehicle National Law (Victoria) applies as if for the definition of registration in section 5 of that Law there were substituted— "registration, of a heavy vehicle, means registration of the vehicle under the Road Safety Act 1986.". s. 39 -- 29 of 1279 -- Part 5—Registration of Heavy Vehicles Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 26 Authorised by the Chief Parliamentary Counsel (2) The Heavy Vehicle National Law (Victoria) applies as if a reference to registration under that Law were a reference to registration under the Road Safety Act 1986. 44 Registration exemption The Heavy Vehicle National Law (Victoria) applies as if for the definition of registration exemption in section 5 of that Law there were substituted— "registration exemption means an exemption under the Road Safety Act 1986 from the requirement for a heavy vehicle to be registered.". 45 Registration number The Heavy Vehicle National Law (Victoria) applies as if for the definition of registration number in section 5 of that Law there were substituted— "registration number, for a heavy vehicle, means letters, numbers or characters, or a combination of one or more letters, numbers or characters, assigned to a heavy vehicle under the Road Safety Act 1986.". 46 Vehicle register The Heavy Vehicle National Law (Victoria) applies as if for the definition of vehicle register in section 5 of that Law there were substituted— "vehicle register means the register of motor vehicles and trailers under the Road Safety Act 1986.". s. 44 -- 30 of 1279 -- Part 5—Registration of Heavy Vehicles Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 27 Authorised by the Chief Parliamentary Counsel 47 Unregistered heavy vehicle permit The Heavy Vehicle National Law (Victoria) applies as if for the definition of unregistered heavy vehicle permit in section 5 of that Law there were substituted— "unregistered heavy vehicle permit means a short term unregistered vehicle permit issued by the Roads Corporation under the Road Safety Act 1986 or under regulations made under that Act.". 48 Compliance with heavy vehicle standards The Heavy Vehicle National Law (Victoria) applies as if for section 60(3) and (4) of that Law there were substituted— "(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 Roads Corporation when the vehicle was registered under the Road Safety Act 1986. (4) For the purposes of subsection (3), the Roads Corporation is taken to know of a heavy vehicle's noncompliance with a heavy vehicle standard when the vehicle was registered under the Road Safety Act 1986 if the noncompliance is mentioned in— (a) an operations plate that was installed on the vehicle when it was registered; or (b) a certificate of approved operations issued for the vehicle and in force when the vehicle was registered; or s. 47 -- 31 of 1279 -- Part 5—Registration of Heavy Vehicles Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 28 Authorised by the Chief Parliamentary Counsel (c) a document obtained by the Roads Corporation under the Road Safety Act 1986 in connection with the registration of the vehicle.". 49 Registration of an exempt vehicle The Roads Corporation may register a heavy vehicle under the Road Safety Act 1986 if the Regulator has granted a vehicle standards exemption (notice) for the category of heavy vehicle or granted a vehicle standards exemption (permit) to the person who applies to be a registered operator under the Heavy Vehicle National Law (Victoria). 50 Cancellation or suspension of an exemption The Roads Corporation may cancel the registration of a vehicle under the Road Safety Act 1986 if a vehicle standards exemption (notice) for the category of heavy vehicle or a vehicle standards exemption (permit) granted to the registered operator, is cancelled or suspended under the Heavy Vehicle National Law (Victoria). 51 Requirements about vehicle defect notice The Heavy Vehicle National Law (Victoria) applies as if for section 527(1)(i) of that Law there were substituted— "(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 the Roads Corporation;". s. 49 -- 32 of 1279 -- Part 5—Registration of Heavy Vehicles Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 29 Authorised by the Chief Parliamentary Counsel 52 Power to cancel or suspend vehicle registration The Heavy Vehicle National Law (Victoria) applies as if for section 598(5) of that Law there were substituted— "(5) The court is to ensure that the Roads Corporation 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.". 53 Repeal of Part This Part is repealed. __________________ s. 52 -- 33 of 1279 -- Part 6—General Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 30 Authorised by the Chief Parliamentary Counsel PART 6—GENERAL Division 1—Regulations 54 Regulations (1) The Governor in Council may make regulations for or with respect to— (a) prescribing offences for the purposes of section 591 of the Heavy Vehicle National Law (Victoria); (b) prescribing a notice that may be served under section 591 of the Heavy Vehicle National Law (Victoria); (c) for any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. (2) Regulations made under this section may— (a) be of limited or general application; and (b) leave any matter or thing to be decided by a specified person or class of person. (3) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application and savings nature, arising as a result of the enactment of this Act, including any repeals and amendments made as a result of the enactment of this Act. (4) Regulations made under subsection (3) may have a retrospective effect to a day on or after the day of the commencement of section 4. (5) To the extent that regulations made under subsection (3) have a retrospective effect, the regulations do 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 s. 54 -- 34 of 1279 -- Part 6—General Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 31 Authorised by the Chief Parliamentary Counsel that person existing before the date of the regulations coming into operation; 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 the regulations coming into operation. (6) Regulations made under subsection (3) have effect despite anything to the contrary in any Act (other than this Act or the Charter of Human Rights and Responsibilities Act 2006) or in any subordinate instrument. 55 Repeal of transitional regulation making powers Section 54(3), (4), (5) and (6) are repealed on the first anniversary of the commencement of section 53. Division 2—Savings and transitional provisions 56 Definitions In this Division— commencement day means the day on which section 4 comes into operation; RS Act means the Road Safety Act 1986 as in force from time to time before the commencement day. 57 Authorised officers Despite section 748(3)(a) of the Heavy Vehicle National Law (Victoria)— (a) a person who was an authorised officer under section 112 of the RS Act immediately before the commencement day is taken, on and after that day, to be an authorised officer for the purposes of the Heavy Vehicle National Law (Victoria) as if he or she had s. 55 -- 35 of 1279 -- Part 6—General Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 32 Authorised by the Chief Parliamentary Counsel been appointed by the Regulator under section 481 of that Law; and (b) an authorisation of a member of the police force for the purposes of paragraph (b) of the definition of authorised inspector in section 119 of the RS Act that was in force immediately before the commencement day is taken, on and after that day, to be an authorisation of the member for the purposes of section 12(1) of this Act. 58 Fatigue management A period spent driving a heavy vehicle within 7 days immediately before commencement day is to be taken into account for the purposes of Chapter 6 of the Heavy Vehicle National Law (Victoria). 59 Work diary For the purposes of Chapter 6 of the Heavy Vehicle National Law (Victoria) a work diary kept in accordance with Part 10A of the RS Act on or before the commencement day is taken to be a written work diary for the purposes of that Law. __________________ s. 58 -- 36 of 1279 -- Part 7—Consequential Amendments Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 33 Authorised by the Chief Parliamentary Counsel PART 7—CONSEQUENTIAL AMENDMENTS 60 Consequential amendments On the coming into operation of an item in the Schedule, the Act specified in the heading to that item is amended as set out in that item. 61 Repeal This Part and the Schedule are repealed on the first anniversary of the commencement of section 53. Note The repeal of this Part and the Schedule does not affect the continuing operation of the amendments made by this Part and the Schedule (see section 15(1) of the Interpretation of Legislation Act 1984). __________________ s. 60 -- 37 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 34 Authorised by the Chief Parliamentary Counsel SCHEDULE Section 60 CONSEQUENTIAL AMENDMENTS PART 1—CONSEQUENTIAL AMENDMENTS ON COMMENCEMENT OF NATIONAL LAW 1 Accident Compensation Act 1985 1.1 After section 239AAC insert— "239AAD Regulator may disclose information to Authority (1) The Regulator may, at the written request of the Authority, disclose relevant information gained by the Regulator to the Authority for the purpose of the assessment by the Authority of a claim by a person for compensation under this Act, being relevant information that the Authority considers relates to conduct by the person that the Authority considers may be conduct to which the injury to which the claim relates may be attributable. (2) In this section— Regulator has the same meaning as in the Heavy Vehicle National Law (Victoria); relevant information means details of— (a) a conviction or finding of guilt; or Sch. -- 38 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 35 Authorised by the Chief Parliamentary Counsel (b) an infringement notice within the meaning of the Infringements Act 2006— that relate, or may relate, to conduct comprising serious and wilful misconduct as referred to in section 82(4).". 2 Accident Towing Services Act 2007 2.1 In section 3(1), for the definition of mass, dimension or load restraint limit or requirement substitute— "mass, dimension or load restraint limit or requirement means— (a) a mass, dimension or load restraint limit or requirement within the meaning of the Road Safety Act 1986; or (b) a mass, dimension or loading requirement within the meaning of the Heavy Vehicle National Law (Victoria);". 2.2 In section 3(6), after "Act 1986" insert "or the Heavy Vehicle National Law (Victoria)". 2.3 In section 32(1)— (a) in paragraph (b), for "Acts." substitute "Acts; or"; (b) after paragraph (b) insert— "(c) the holder of the licence has not complied with a provision of the Heavy Vehicle National Law (Victoria) or the national regulations.". 3 Children, Youth and Families Act 2005 3.1 Clause 12(4) of Schedule 3 is repealed. Sch. -- 39 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 36 Authorised by the Chief Parliamentary Counsel 4 Infringements Act 2006 4.1 Section 61(4) is repealed. 5 Interpretation of Legislation Act 1984 5.1 After section 38H insert— "38I References to Heavy Vehicle National Law In an Act or a subordinate instrument— Heavy Vehicle National Law (Victoria) means the provisions applying because of section 4 of the Heavy Vehicle National Law Application Act 2013.". 6 Local Government Act 1989 6.1 After section 208 insert— "208AA Heavy Vehicle National Law (Victoria) A Council must not exercise its powers under this Division inconsistently with the functions and powers of the Regulator under the Heavy Vehicle National Law (Victoria) and the national regulations under that Law.". 7 Magistrates' Court Act 1989 7.1 In section 82I(1) after "Act 1986" insert "or the Heavy Vehicle National Law (Victoria)". 8 Road Safety Act 1986 8.1 In section 3(1) in the example at the foot of the definition of approved road transport compliance scheme omit "or for a system involving the use of an intelligent transport system". 8.2 In section 3(1) the definition of associate is repealed. 8.3 In section 3(1) the definition of beneficiary is repealed. Sch. -- 40 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 37 Authorised by the Chief Parliamentary Counsel 8.4 In section 3(1) the definition of container weight declaration is repealed. 8.5 In section 3(1) the definition of engage in conduct is repealed. 8.6 In section 3(1) the definition of fatigue regulated heavy vehicle is repealed. 8.7 In section 3(1) for the definition of heavy vehicle substitute— "heavy vehicle has the same meaning as in the Heavy Vehicle National Law (Victoria);". 8.8 In section 3(1) the definition of intelligent transport system is repealed. 8.9 In section 3(1) insert the following definition— "Regulator has the same meaning as in the Heavy Vehicle National Law (Victoria);". 8.10 In section 3(1) for the definition of semi-trailer substitute— "semi-trailer means a trailer that has— (a) one 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;". 8.11 In section 3AAA(a)— (a) omit "or fatigue regulated heavy vehicle"; (b) omit "or fatigue regulated heavy vehicles". 8.12 After section 25(2) insert— "(2A) For the avoidance of doubt, the regulations may provide that a person may incur demerit points in respect of an offence against the Sch. -- 41 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 38 Authorised by the Chief Parliamentary Counsel Heavy Vehicle National Law (Victoria) or the national regulations under that Law.". 8.13 In section 28(1B)(a) for "or load restraint limit or requirement" substitute "or loading requirement within the meaning of the Heavy Vehicle National Law (Victoria)". 8.14 In section 77A for "or 6 of Part 10 or under Part 10A" substitute "of Part 10". 8.15 Section 77B is repealed. 8.16 In section 84BB for the definition of corresponding law substitute— "corresponding law means— (a) a law of the Commonwealth or of another State or of a Territory that corresponds to Division 2 of Part 2; or (b) the Heavy Vehicle National Law (Victoria) or a law of another State or of a Territory that corresponds to that law;". 8.17 Section 103R is repealed. 8.18 Section 103S is repealed. 8.19 Section 103T is repealed. 8.20 After section 103ZF insert— "103ZG Transitional provision Heavy Vehicle National Law Application Act 2013 Part 11 as in force immediately before its repeal by item 8.35 of the Schedule to the Heavy Vehicle National Law Application Act 2013, continues to apply to offences alleged to have been committed before that commencement.". Sch. -- 42 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 39 Authorised by the Chief Parliamentary Counsel 8.21 For section 149A substitute— "149A Part does not apply to a heavy vehicle This Part does not apply to a heavy vehicle. Note Chapter 4 of the Heavy Vehicle National Law (Victoria) sets out the mass, dimension and loading requirements for heavy vehicles.". 8.22 Section 162(2)(a) is repealed. 8.23 Section 163(2)(a) is repealed. 8.24 Section 167 is repealed. 8.25 At the foot of section 171(2) insert— "Note The penalties that apply in respect of the offences created by this section are set out in section 178.". 8.26 Section 171(3) is repealed. 8.27 At the foot of section 172(2) insert— "Note The penalties that apply in respect of the offences created by this section are set out in section 178.". 8.28 Section 172(3) is repealed. 8.29 Section 174(3) is repealed. 8.30 Section 175(3) is repealed. 8.31 The note at the foot of section 176(2) is repealed. 8.32 Section 180 is repealed. 8.33 Division 6 of Part 10 is repealed. Sch. -- 43 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 40 Authorised by the Chief Parliamentary Counsel 8.34 For Part 10A substitute— "PART 10A—FATIGUE MANAGEMENT LIGHT BUSES Division 1—Application of Heavy Vehicle National Law (Victoria) 191A Definition In this Part— light bus means a bus with a GVM of 4.5 tonnes or less. 191B Application of the Heavy Vehicle National Law (Victoria)—fatigue management of light buses For the purposes of this Act the following provisions of the Heavy Vehicle National Law (Victoria) apply to a light bus— (a) Chapter 6; and (b) sections 622, 623, 653(g) and (h), 654, 725, 726 and 740. Division 2—Meaning of terms for Heavy Vehicle National Law (Victoria) 191C Meaning of fatigue-regulated heavy vehicle The provisions of the Heavy Vehicle National Law (Victoria) applied under section 191B, apply as if a reference to a fatigue-regulated heavy vehicle under that Law were a reference to a light bus. 191D Meaning of fatigue-regulated bus The provisions of the Heavy Vehicle National Law (Victoria) applied under section 191B, apply as if a reference to a Sch. -- 44 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 41 Authorised by the Chief Parliamentary Counsel fatigue-regulated bus under that Law were a reference to a light bus. 191E Meaning of Regulator The provisions of the Heavy Vehicle National Law (Victoria) applied under section 191B, apply as if a reference to the Regulator under that Law were a reference to the Corporation. 191F Meaning of responsible Ministers The provisions of the Heavy Vehicle National Law (Victoria) applied under section 191B, apply as if a reference to the responsible Ministers under that Law were a reference to the Minister. __________________". 8.35 Part 11 is repealed. 8.36 Part 12 is repealed. 8.37 Part 13 is repealed. 8.38 Schedule 3 is repealed. 8.39 Schedule 4 is repealed. 8.40 Schedule 4A is repealed. 9 Sheriff Act 2009 9.1 In section 30(1)(a), after "Road Safety Act 1986" insert "or the Heavy Vehicle National Law (Victoria)". Sch. -- 45 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 42 Authorised by the Chief Parliamentary Counsel PART 2—CONSEQUENTIAL AMENDMENTS FOR NATIONAL REGISTRATION 10 Accident Towing Services Act 2007 10.1 In section 3(1), in the definition of owner after paragraph (c) insert— "(d) a person in whose name a tow truck is registered under the Heavy Vehicle National Law (Victoria) or any law of any State or Territory of the Commonwealth corresponding to this law;". 11 Environment Protection Act 1970 11.1 In section 4(1) insert the following definition— "heavy vehicle has the same meaning as in the Heavy Vehicle National Law (Victoria);". 11.2 In section 4(1) in the definition of registered owner— (a) in paragraph (a) after "motor vehicle" (where first occuring) insert "that is not a heavy vehicle"; (b) after paragraph (a) insert— "(ab) in relation to a heavy vehicle—the person who is registered under the Heavy Vehicle National Law (Victoria) as the registered operator of the heavy vehicle; and". (c) in paragraph (b) after "2010;" insert "and". 11.3 In section 57B after "a vehicle" (where first occurring) insert "that is not a heavy vehicle". 11.4 At the end of section 57B insert— "(2) In proceedings against the registered owner of a heavy vehicle, a certificate from the Regulator within the meaning of the Heavy Vehicle National Law (Victoria), stating that Sch. -- 46 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 43 Authorised by the Chief Parliamentary Counsel a person was the registered operator of a heavy vehicle under that law on a specified date is evidence that that person was the registered owner of the heavy vehicle on that date.". 11.5 For section 61(1B)(b) substitute— "(b) in the case of an offence alleged against the registered owner of a motor vehicle other than a heavy vehicle, the address appearing as the address of the owner in the certificate of registration of the motor vehicle for the time being in force under the Road Safety Act 1986 or under any corresponding Act or law of a State or Territory of the Commonwealth; and (c) in the case of an offence alleged against the registered owner of a heavy vehicle, the address appearing as the address of the registered operator in the certificate of registration of the heavy vehicle for the time being in force under the Heavy Vehicle National Law (Victoria) or under any law of a place outside Victoria which contains provisions corresponding to that Law for registration of a heavy vehicle; and (d) in the case of an offence alleged against the registered owner of a vessel, the address appearing as the address of the owner in the certificate of registration of the vessel for the time being in force under the Marine Safety Act 2010 or under any corresponding Act or law of a State or Territory of the Commonwealth—". 12 Heavy Vehicle National Law Application Act 2013 12.1 In section 4(a), omit "subject to Part 5,". Sch. -- 47 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 44 Authorised by the Chief Parliamentary Counsel 13 Infringements Act 2006 13.1 In section 3(1) insert the following definitions— "heavy vehicle has the same meaning as in the Heavy Vehicle National Law (Victoria); Regulator has the same meaning as in the Heavy Vehicle National Law (Victoria);". 13.2 In the heading to section 112 after "VicRoads" insert "or the Regulator". 13.3 After section 112(1) insert— "(1A) The sheriff may direct the Regulator to suspend the registration of a heavy vehicle under the Heavy Vehicle National Law (Victoria) if the person who is the registered operator of a heavy vehicle is a person in default, until the sheriff notifies the Regulator that the suspension has ceased in accordance with section 113.". 13.4 In section 112— (a) in subsection (2)— (i) after "subsection (1)" insert "or (1A)"; (ii) after "VicRoads" insert "or the Regulator"; (b) in subsection (2)(b) after "subsection (1)" insert "or (1A)"; (c) in subsection (2)(c) after "subsection (1)" insert "or (1A)"; (d) in subsection (3) after "subsection (1)" insert "or (1A)"; (e) in subsection (3A) after "subsection (1)" insert "or (1A)"; (f) in subsection (3B) after "subsection (1)" insert "or (1A)". Sch. -- 48 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 45 Authorised by the Chief Parliamentary Counsel 13.5 In section 113— (a) after "VicRoads" insert "or the Regulator (as the case requires)"; (b) for "or trailer" substitute ", trailer or heavy vehicle"; (c) in paragraph (j) for "or trailer" substitute ", trailer or heavy vehicle". 13.6 In the heading to section 114 omit "motor". 13.7 In section 114— (a) in subsection (2)— (i) after "VicRoads" (wherever occurring) insert "or the Regulator (as the case requires)"; (ii) for "motor vehicle or trailer" substitute "motor vehicle, heavy vehicle or trailer"; (b) in subsection (4) after "VicRoads" insert "or the Regulator"; (c) in subsection (4)(a) for "motor vehicle or trailer" (wherever occurring) substitute "motor vehicle, heavy vehicle or trailer"; (d) in subsection (5) for "or trailer" substitute "or heavy vehicle or trailer". 13.8 In section 115— (a) after "VicRoads" insert "or the Regulator"; (b) for "motor vehicle" substitute "motor vehicle, heavy vehicle"; (c) in paragraph (j) for "motor vehicle" substitute "motor vehicle, heavy vehicle". Sch. -- 49 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 46 Authorised by the Chief Parliamentary Counsel 13.9 In section 116— (a) in subsection (1) for "motor vehicle" (wherever occurring) substitute "motor vehicle, heavy vehicle"; (b) in subsection (1) after "VicRoads"(wherever occurring) insert "or the Regulator"; (c) in subsection (3)(a) for "motor vehicle" (wherever occurring) substitute "motor vehicle, heavy vehicle"; (d) in subsection (3)(a) after "VicRoads" insert "or the Regulator". 13.10 In section 117— (a) after "VicRoads" insert "or the Regulator"; (b) in paragraph (b) for "motor vehicle" substitute "motor vehicle, heavy vehicle"; (c) in paragraph (j) for "motor vehicle" substitute "motor vehicle, heavy vehicle". 13.11 In section 118— (a) in subsection (1) for "motor vehicle" substitute "motor vehicle, heavy vehicle"; (b) in subsection (1) after "this Act" insert "or the Heavy Vehicle National Law (Victoria)"; (c) in subsection (2) for "motor vehicle" substitute "motor vehicle, heavy vehicle". 13.12 In section 119(1) after "VicRoads" insert "or the Regulator". Sch. -- 50 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 47 Authorised by the Chief Parliamentary Counsel 14 Motor Car Traders Act 1986 14.1 In section 3(1) for the definition of used motor car substitute— "used motor car includes— (a) a motor car that has, at any time before being offered or displayed for sale, been registered under the Road Safety Act 1986 or the Motor Car Act 1958 or under any Act or law of a place outside Victoria which contains provisions corresponding to the provisions of the Road Safety Act 1986 for registration of motor cars; (b) a motor car that is a heavy vehicle that has, at any time before being offered or displayed for sale, been registered under the Heavy Vehicle National Law (Victoria) or under any law of a place outside Victoria which contains provisions corresponding to that Law for registration of a heavy vehicle.". 14.2 After section 42A insert— "42B All heavy vehicles must be sold with a certificate (1) A person must not sell a heavy vehicle that is registered under the Heavy Vehicle National Law (Victoria) unless— (a) the person gives the buyer of the car a current certificate in relation to the car; or (b) if the person is required under the Heavy Vehicle National Law (Victoria) or the national regulations under that Law to send a current certificate in relation to the heavy vehicle to the Sch. -- 51 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 48 Authorised by the Chief Parliamentary Counsel Regulator, the person gives the buyer a copy of that certificate. Penalty: 50 penalty units. (2) This section does not apply if the buyer is a licensed motor car trader or a special trader. (3) This section does not apply to a heavy vehicle that is sold by auction at a public auction by a person acting on behalf of the owner of the heavy vehicle. (4) In this section current means issued within the last 30 days. (5) Despite anything to the contrary under the Heavy Vehicle National Law (Victoria), for the purposes of subsection (1) a reference to "a heavy vehicle that is registered under the Heavy Vehicle National Law (Victoria)"— (a) includes a reference to a heavy vehicle the registration of which has been suspended under that law; but (b) does not include a reference to a heavy vehicle the registration of which has expired and has not been renewed on or before the day the heavy vehicle is sold.". 14.3 After section 69(3)(c) insert— "(ca) the Regulator within the meaning of the Heavy Vehicle National Law (Victoria); or". 14.4 After section 76(1)(d) insert— "(da) loss has been incurred from a failure of a motor car trader to pay transfer fees or registration fees to the Regulator within the meaning of the Heavy Vehicle National Law (Victoria) or stamp duty on a motor car or to provide any certificate of roadworthiness or Sch. -- 52 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 49 Authorised by the Chief Parliamentary Counsel other document necessary to enable a motor car to be registered under the Heavy Vehicle National Law (Victoria) subject to payment of the appropriate fee; or". 15 Road Safety Act 1986 15.1 In section 3(1) for the definition of registered operator substitute— "registered operator of a vehicle means— (a) the person recorded on the register as the person responsible for the vehicle; or (b) the person recorded on the vehicle register within the meaning of the Heavy Vehicle National Law (Victoria) as the person responsible for the vehicle;". 15.2 In section 6 after "highway" insert "and does not apply to heavy vehicles within the meaning of the Heavy Vehicle National Law (Victoria)". 15.3 For section 84W(1)(d) substitute— "(d) the Regulator in the case of a heavy vehicle or the Corporation in any other case.". 15.4 For section 84Y(1)(d) substitute— "(d) the Regulator in the case of a heavy vehicle or the Corporation in any other case." 15.5 In section 84YA(1) after "the Corporation" (wherever occurring) insert "or the Regulator". 15.6 In section 84YA(3) after "the Corporation" insert "or the Regulator". 15.7 In the heading to section 84YB after "Corporation" insert "or the Regulator". 15.8 In section 84YB(1) after "the Corporation" insert "or the Regulator". Sch. -- 53 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 50 Authorised by the Chief Parliamentary Counsel 15.9 In section 84YB(2) after "the Corporation" insert "or the Regulator (as the case requires)". 16 Transport Accident Act 1986 16.1 In section 3(1) in the definition of registered motor vehicle after paragraph (c) insert— "(d) a heavy vehicle that is registered in accordance with the Heavy Vehicle National Law (Victoria); or (da) a heavy vehicle that is not so registered because it is exempt from registration in accordance with Chapter 2 of the Heavy Vehicle National Law (Victoria) or the national regulations under that Law; or". 16.2 In section 41A(2) for the definition of unregistered motor vehicle substitute— "unregistered motor vehicle means— (a) a motor vehicle, other than a heavy vehicle, that has never been registered under Part 2 of the Road Safety Act 1986 or a corresponding law of another State or a Territory and in respect of which a transport accident charge was not paid at the time that the transport accident occurred; or (b) a heavy vehicle that has never been registered in accordance with the Heavy Vehicle National Law (Victoria) or a corresponding law of another State or a Territory and in respect of which a transport accident charge was not paid at the time that the transport accident occurred.". Sch. -- 54 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 51 Authorised by the Chief Parliamentary Counsel 16.3 In section 84 for the definition of trailer substitute— "trailer means— (a) a trailer within the meaning of the Road Safety Act 1986 or a trailer within the meaning of, and registered or about to be registered in Victoria under, the Interstate Road Transport Act 1985 of the Commonwealth or, if that Act is amended, that Act as amended and in force for the time being; or (b) a trailer within the meaning of the Heavy Vehicle National Law (Victoria) that is registered or about to be registered under that law and has a garage address in Victoria.". 16.4 In section 109(3) after "motor vehicle" insert ", other than a heavy vehicle,". 16.5 After section 109(3) insert— "(3A) The registration of a heavy vehicle must not be made or renewed and an unregistered heavy vehicle permit under the national regulations made under the Heavy Vehicle National Law (Victoria) must not be granted unless the owner has paid the transport accident charge for the relevant prescribed period or periods.". 16.6 In section 111(1)(b)(ii) for "being—" substitute "being; or". 16.7 After section 111(1)(b)(ii) insert— "(iii) under the Heavy Vehicle National Law (Victoria) and the garage address of the heavy vehicle under that law is in another State or Territory—". Sch. -- 55 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 52 Authorised by the Chief Parliamentary Counsel 16.8 After section 112(1) insert— "(1A) Section 109 applies to a person who is in the possession or under the control of a heavy vehicle that is not registered or the subject of an unregistered heavy vehicle permit granted under the national regulations made under the Heavy Vehicle National Law (Victoria) as if the person were the owner.". 16.9 In section 112(2) for "subsection (1)" substitute "subsection (1) or (1A)". 17 Transport (Compliance and Miscellaneous) Act 1983 17.1 In section 86(1) in the definition of owner, in paragraph (c) for "agreement;" substitute "agreement; and". 17.2 In section 86(1) in the definition of owner, after paragraph (c) insert— "(d) any person in whose name a commercial goods vehicle is registered under the Heavy Vehicle National Law (Victoria) or any law of any State or Territory of the Commonwealth corresponding to that law but does not include an unpaid vendor of any such vehicle under a hire-purchase agreement;". 17.3 Section 217A is repealed. ═══════════════ Sch. -- 56 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 53 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Assembly: 18 April 2013 Legislative Council: 9 May 2013 The long title for the Bill for this Act was "A Bill for an Act to provide for the application of a National Law to regulate the use of heavy vehicles, to make related and consequential amendments to other Acts and for other purposes." Endnotes -- 57 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 54 Authorised by the Chief Parliamentary Counsel Heavy Vehicle National Law Explanatory Notes Notes 1 The Heavy Vehicle National Law was originally enacted in the Schedule to the Heavy Vehicle National Law Act 2012 of Queensland. Subsequently Queensland enacted the Heavy Vehicle National Law Amendment Act 2013, which substituted the Schedule with a revised version of the Heavy Vehicle National Law. These explanatory notes are based on a compilation of the parts of the explanatory notes relating to the Heavy Vehicle National Law that accompanied the Bills for each of the above Queensland Acts. 2 The pecuniary value of penalties for court ordered penalties for offences against the National Law are set out in Appendix 1. Chapter 1 Preliminary Part 1.1 Introductory matters Section 1 provides for the Law to be cited as the Heavy Vehicle National Law. Section 2 reflects the intention that each State and Territory will enact the Law and will individually determine in its applied law the commencement date of the Law in its jurisdiction. In Victoria, the Law will commence when clause 4 of the Heavy Vehicle National Law Application Bill 2013 comes into operation. Section 3 identifies the object of the Law, in establishing a national scheme for facilitating and regulating the use of heavy vehicles on roads in a way that: Annexure 1 -- 58 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 55 Authorised by the Chief Parliamentary Counsel • promotes public safety; • manages the impact of heavy vehicles on the environment, road infrastructure and public amenity; • promotes industry productivity and efficiency in the road transport of goods and passengers by heavy vehicles; • encourages and promotes productive, efficient, innovative and safe business practices. Section 4 sets out the regulatory framework to achieve the object of the Law as one that: • establishes an entity called the National Heavy Vehicle Regulator (the Regulator); • provides for the national registration of heavy vehicles; • prescribes specified requirements for the driving and use of heavy vehicles; • imposes duties and obligations on persons whose activities may influence compliance with such requirements; • includes measures to allow improved access to the road network in certain circumstances. Part 1.2 Interpretation Section 5 defines numerous technical and other terms used throughout the Law. Section 6 defines the key term ‘heavy vehicle’ to mean a vehicle that has a gross vehicle mass (as defined in section 5) or aggregate trailer mass (as defined in section 5) of more than 4.5 tonnes. It also includes light vehicles (vehicles with a gross vehicle mass of 4.5 tonnes or less) when used in a combination with a heavy vehicle, but does not include light vehicles for the purposes of the registration requirements. However, it does not include ‘rolling stock’ (for example, trains, trams, wagons and monorail vehicles) as defined in section 6(4). Annexure 1 -- 59 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 56 Authorised by the Chief Parliamentary Counsel Section 7 defines the term ‘fatigue-regulated heavy vehicle’ to mean a motor vehicle with a gross vehicle mass (as defined in section 5) of more than 12 tonnes; a combination with a gross vehicle mass of more than 12 tonnes; or a fatigue-regulated bus (defined in section 5 as a motor vehicle built or fitted to carry more than 12 adults, including the driver). The section clarifies that, in the case of a truck or a truck in a combination, the gross vehicle mass includes any machine or implement attached to the truck. However, the term does not include a motorhome or (except in the case of truck or a combination with a truck that has a machine or implement attached to it) a motor vehicle built or modified to operate primarily as an off-road machine or implement or on a road-related area or on a road under construction and which is not capable of carrying goods or passengers by road. The term is of particular importance to ‘Chapter 6-Vehicle operations-driver fatigue’, as the driver fatigue provisions of the Law only apply in respect of drivers of these fatigue-regulated heavy vehicles. Section 8 defines two other key terms in the Law, being ‘road’ and ‘road-related area’. The terms are important as the Law regulates the use of heavy vehicles on roads and road-related areas. Also note that section 13 (see below) states that a reference in the Law to a road includes a reference to a road- related area, unless a contrary intention appears in the Law. Section 9 defines the terms ‘convicts’ and ‘convicted’. Section 10 provides that Schedule 1 applies to the Law. This schedule contains miscellaneous interpretation provisions of a kind usually contained in the Interpretation Act of a State or Territory. The schedule is necessary to provide consistency in interpretation across jurisdictions. Section 11 provides that a reference in this Law, either generally or specifically to a law or a provision of a law of the Commonwealth or a State or Territory (including this Law) includes a reference to each instrument (including a regulation) made or in force under the law or provision as well as each instrument made or in force under any such instrument. Annexure 1 -- 60 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 57 Authorised by the Chief Parliamentary Counsel Section 12 states that a reference to ‘this Law as applied in a participating jurisdiction’ in the Law means the law of a participating jurisdiction that substantially corresponds to the Law, or a law prescribed by the national regulations for the purposes of paragraph (a)(iii) of the definition of ‘participating jurisdiction’ (as defined in section 5), enacted in a participating jurisdiction. This section is necessary to acknowledge that the Law is intended to apply across Australia even if a jurisdiction mirrors the Law or makes minor amendments to its application of the Law. Section 13 states that a reference in the Law to a road includes a reference to a road-related area (as defined in section 8), unless a contrary intention appears. Section 14 states that where the provision of the Law expressly states that a person is not to have the benefit of the mistake of fact defence for the offence, then the effect of that provision in a participating jurisdiction will be the effect that is declared by a law of that jurisdiction. This section allows for each jurisdiction to ensure that the mistake of fact defence as used in that jurisdiction does not apply for the purpose of this Law in respect of a number of offences under the Law that are to be absolute liability offences. These are offences where the mistake of fact defence is not to apply, so that the person cannot rely on honest and reasonable mistakes of fact to excuse his or her behaviour. Note that most of the absolute liability offences in this Law are subject to the reasonable steps defence created by section 618 of this Law. Clause 30 of the Heavy Vehicle National Law Application Bill 2013 sets out the effect of section 14 of the Law for Victoria. Section 15 clarifies the basis on which vehicles may be categorised. Annexure 1 -- 61 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 58 Authorised by the Chief Parliamentary Counsel Part 1.3 Application and operation of Law Section 16 provides for the extraterritorial operation of the Law so far as it is possible so that the national regulation scheme for heavy vehicles is effective. Section 17 provides that the Law binds the State (as defined in section 5). However, section 17(2) states that no criminal liability attaches to the State itself (as distinct from its agents, instrumentalities, officers and employees) under the Law. Section 18 sets out the relationship of the Law with the primary work health and safety (WHS) law in a participating jurisdiction. In essence, the Law and WHS laws are to operate independently of each other. Thus, subsection (3) clarifies that compliance with the Law is not by itself evidence that a person has complied with the primary WHS law, regulations made under the WHS law or with a common law duty of care. However, subsection (2) provides that evidence of a contravention of this Law is admissible in any proceedings under the primary WHS law. Part 1.4 Performance based standards Section 19 explains the purpose of this Part and other associated provisions to enable Performance Based Standards (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. Section 20 requires the Regulator to notify the road authority for this jurisdiction of a PBS design approval together with a description of the significant features of the design to which the approval relates. The purpose of this section is to ensure the responsible Minister is apprised of the application in contemplation of the exercise of the power granted to the Minister under section 21. Annexure 1 -- 62 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 59 Authorised by the Chief Parliamentary Counsel Section 21 empowers the Minister to issue a notice to the Regulator requiring the Regulator to impose conditions prohibiting any heavy vehicle built to a design that is the subject of a PBS design approval from operating in this jurisdiction, or making such operation subject to the condition set out in the notice. Section 22 empowers the Regulator to consider an application for a PBS design approval, and reject or approve the application subject to any condition the Regulator sees fit. The breadth of the power to impose these conditions is necessary given the safe operation of the vehicle may contemplate such matters as driver licensing, a matter not otherwise dealt with under the Law at this point. In making this decision the Regulator is required to have regard to any approved guidelines, performance based standards and assessment rules prescribed in the national regulations, and the advice of the PBS Review Panel. Section 23 empowers the Regulator to consider an application for a PBS vehicle approval. The approval functions as evidence that a vehicle is constructed in accordance with an approved PBS design and must contain the condition relevant to that approval, whether imposed by the Regulator under section 22, or section 21. In making this decision the Regulator is required to have regard to any approved guidelines, performance based standards and assessment rules prescribed in the national regulations, and the advice of the PBS Review Panel. Section 24 creates a head of power to make regulations stipulating which vehicle standards a PBS vehicle may be exempted from. It is intended at this point that the exemptions be limited to the following matters: • Axle configuration; • Relation between axles in a group; • Selection of couplings and drawbar eyes on road trains; • Tow coupling overhang on road trains. Annexure 1 -- 63 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 60 Authorised by the Chief Parliamentary Counsel Section 25 makes it clear a mass or dimension limit authorised in a PBS approval is to have precedence over the general mass or dimension limits. Section 26 creates a head of power to make regulations dealing with procedures for applications for PBS design and vehicle approvals, procedures for cancelling or modifying a PBS design or vehicle approval, assessment criteria and procedures and the appointment of persons to assess designs and certify vehicles purportedly built to them. Chapter 2 Registration A note clarifies that Chapter 2 is not to commence at the same time as other provisions of the National Law but at a later time, and that transitional provisions for this jurisdiction relating to and consequential on the delayed commencement are intended to be dealt with by national regulations or by legislation of this jurisdiction. Part 2.1 Preliminary Section 27 states that the main purpose of Chapter 2 is to establish a scheme for the national registration of heavy vehicles that meets safety objectives, allows for identification of heavy vehicles and those responsible for them, and ensures compliance with compensation legislation. The section also recognises that unregistered heavy vehicles may be used in particular circumstances without posing significant safety risks. Part 2.2 Registration scheme Division 1 Preliminary Section 28 provides a head of power for national regulations to prescribe procedures for the registration of heavy vehicles. The types of matters that may be prescribed cover a broad spectrum including eligibility for registration requirements, conditional registration, registration charges, unregistered heavy Annexure 1 -- 64 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 61 Authorised by the Chief Parliamentary Counsel vehicle permits, registration transfers, surrenders and renewals, amendment, suspension or cancellation of registration or unregistered heavy vehicle permits, and arrangements for the collection of third party insurance and vehicle registration duty. Section 29 states that the registration of a heavy vehicle under the Law is not evidence of title to the heavy vehicle. This section intends to maintain the distinction between registration of a heavy vehicle and ownership of a heavy vehicle at law as the registered operator of a heavy vehicle may not be the owner or sole owner of the heavy vehicle. Division 2 Requirement for heavy vehicle to be registered Section 30 creates an offence for a person to use, or permit to be used, on a road an unregistered heavy vehicle or one whose registration has been suspended. The maximum penalty for non-compliance is $10000. Note that the inclusion of ‘permit to be used’ in section 30 extends the responsibility beyond the driver of the heavy vehicle and is intended to require persons responsible for a vehicle to prevent the use of that vehicle while it is unregistered or the registration has been suspended. An exception to the above is set out in subsection (2): no offence is committed if the vehicle is being used under an unregistered heavy vehicle permit, or if the use of the unregistered heavy vehicle is authorised under Division 3. That Division specifies various circumstances in which an unregistered heavy vehicle is authorised to be used on a road without an unregistered heavy vehicle permit issued under the national regulations. Division 3 Authorised use of unregistered heavy vehicle Section 31 specifies that the purpose of Division 3 is to state the circumstances in which an unregistered heavy vehicle is authorised to be used on a road without an unregistered heavy vehicle permit issued under the national regulations. Annexure 1 -- 65 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 62 Authorised by the Chief Parliamentary Counsel Section 32 authorises the use of an unregistered heavy vehicle on a road when that vehicle is travelling, by the most direct or convenient route, to the nearest ‘registration place’, as defined in subsection (2). A registration place is a place where a heavy vehicle is taken for the purpose of obtaining registration and includes a place where the vehicle may be first weighed or inspected for checking its compliance with the heavy vehicle standards. It includes a journey by way of the nearest inspection place (as defined in subsection (2)). However, the requirements of any third party insurance legislation required by the local jurisdiction in which the heavy vehicle is being used must be complied with and the vehicle must not be carrying goods. Section 33 authorises the use of an unregistered heavy vehicle on a road if it is registered in a foreign country and temporarily in Australia, and the registration requirements of that country are satisfied, so far as is reasonably practicable. The driver must carry proof of the temporary admission carnet as defined in subsection (2). The requirements of third party insurance legislation of the local jurisdiction in which the heavy vehicle is being used must also be complied with. The intention is to allow the use of foreign registered heavy vehicles in Australia for a limited time period without the requirement for registration in Australia. This section does not intend to authorise the use of foreign registered heavy vehicles on a road in Australia for an indefinite time period. Section 34 authorises the use of an unregistered heavy vehicle on a road if a road authority has authorised the use of the vehicle on the road for short-term purposes (usually known as ‘trade plates’ or ‘dealer plates’), if any relevant conditions imposed by the authority are complied with, and any third party insurance requirements of the local jurisdiction in which the heavy vehicle is being used are complied with. Section 35 authorises the use of an unregistered heavy vehicle on a road if the vehicle is on a journey between two parcels of land used solely or mainly for primary production, is travelling by the most direct or convenient route between the places, and for a distance of no more than 500 metres. The requirements of any third party insurance legislation of the local jurisdiction in Annexure 1 -- 66 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 63 Authorised by the Chief Parliamentary Counsel which the heavy vehicle is being used must also be complied with. Section 36 authorises the use of an unregistered heavy vehicle on a road if it falls within either of the following categories: • the vehicle is an ‘agricultural implement’ (defined in section 5) being towed by a registered ‘agricultural machine’ (defined in section 5) that is suitably matched to the implement or another registered heavy vehicle of a suitable size for towing the implement; • the vehicle is an agricultural trailer being towed by a registered agricultural machine that is being used to perform ‘agricultural tasks’ (defined in section 5) for which it was built or a conditionally registered heavy vehicle. The requirements of any third party insurance legislation of the local jurisdiction in which the heavy vehicle is being used must also be complied with. Section 37 authorises the use of an unregistered heavy vehicle on a road when it is under tow by a tow truck. Section 38 authorises the use of an unregistered heavy vehicle on a road if it is of a category of heavy vehicles exempted from the requirement to be registered under Part 2.2, Division 4. The requirements of any third party insurance legislation of the local jurisdiction in which the heavy vehicle is being used must also be complied with. This section recognises the Regulator’s power to issue registration exemptions for categories of vehicles. Section 39 creates an offence where a person uses, or permits to be used, an unregistered heavy vehicle on a road in any of the circumstances mentioned in sections 32 to 38 if the driver does not have in the driver’s possession proof that the requirements of third party insurance legislation applying to the vehicle are complied with. Annexure 1 -- 67 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 64 Authorised by the Chief Parliamentary Counsel Division 4 Exemption from requirement to be registered Subdivision 1 Exemption by Regulator Section 40 empowers the Regulator to exempt a category of heavy vehicles from the requirement to be registered, for a period of not more than one year. An exemption made under this section is referred to as a ‘registration exemption’. Such exemptions must be issued by the Regulator by way of a Commonwealth Gazette notice that complies with section 44. This power has been included in the Law to allow for the preservation of current local productivity initiatives in jurisdictions and for the implementation of future productivity initiatives which authorise the use of unregistered vehicles. Section 41 limits the Regulator’s power to grant a registration exemption by specifying that it may only grant an exemption if it is satisfied that: • it is not reasonable to require heavy vehicles of the category to be registered; and • the use of heavy vehicles of that category on a road without being registered will not pose a significant safety risk. In deciding whether to grant a registration exemption, the Regulator must have regard to the ‘approved guidelines’ (defined in section 5 as guidelines approved by responsible Ministers under section 653) for granting registration exemptions. Section 42 authorises the Regulator to make registration exemptions subject to any conditions that it considers appropriate. For example, conditions could relate to route and time restrictions for the use of the vehicle, the documentation the driver of a heavy vehicle must carry and the signs or other things that must be displayed on a heavy vehicle. The examples provided in this section are not intended to operate as prescriptive requirements for conditions nor limit the scope of conditions that may be imposed by the Regulator. Annexure 1 -- 68 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 65 Authorised by the Chief Parliamentary Counsel Section 43 states that a registration exemption takes effect when the Commonwealth Gazette notice for the exemption is published or, if a later time is stated in the notice, at the later time. The registration exemption applies for the period stated in the Commonwealth Gazette notice. However, this is limited by the requirement in section 40 that a registration exemption must be a period of not more than one year. Section 44 specifies the matters to be set out in a Commonwealth Gazette notice for a registration exemption and that a copy of the notice must be published on the Regulator’s website. Section 45 gives the Regulator discretion to amend or cancel a registration exemption on either or both of two grounds: • the use of heavy vehicles on a road under the exemption has caused, or is likely to cause, a significant safety risk; • since the exemption was granted, there has been a change in the circumstances and had these changed circumstances existed when the exemption was granted, the Regulator would not have granted the exemption in the first instance or would have granted the exemption subject to conditions or different conditions. It also sets out procedural requirements, including notification of the proposal to amend or cancel the registration exemption, giving affected persons at least 14 days to make written representations as to why the Regulator should not amend or cancel the registration exemption, considering all written representations made and giving notice of the decision to amend or cancel the registration exemption. It also specifies when the amendment or cancellation takes effect. The intent of these requirements is to ensure transparency and fairness in the decision-making process. This is achieved by requiring adequate notice to be given to those affected by a proposed amendment or cancellation and by ensuring that possible adverse consequences of such action can be presented to the Regulator for consideration. An additional benefit of this section is in allowing time for those who may be adversely Annexure 1 -- 69 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 66 Authorised by the Chief Parliamentary Counsel affected by a decision to amend or cancel a registration exemption time in which to adjust their business practices. Section 46 inserts a new section that allows the Regulator to suspend a registration exemption immediately if there is a need to minimise serious harm to public safety or significant damage to road infrastructure. The exercise of the power is subject to publication requirements to minimise the possibility of inadvertent noncompliance. Subdivision 2 Exemption by national regulations Section 47 creates a head of power for the making of regulations in relation to the exempting (whether conditional or otherwise) of a specific category of heavy vehicle from the requirement to be registered. Part 2.3 Vehicle register Section 48 requires the Regulator to keep a register of heavy vehicles (the vehicle register) that enables the identification of a heavy vehicle used on a road and of the person who is responsible for it. Subsection (2) stipulates that the heavy vehicle register must be kept in the way, and contain the particulars, prescribed by the national regulations. Subsection (3) enables the Regulator to also include any other information in the register that it considers reasonable and relevant for the purposes of the Law. Part 2.4 Other provisions relating to registration Section 49 clarifies that a ‘registration item’ (defined in section 5 to mean documents, number plates and labels relating to registration or purported registration of a heavy vehicle or an unregistered heavy vehicle permit) issued by the Regulator remains the property of the Regulator. Annexure 1 -- 70 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 67 Authorised by the Chief Parliamentary Counsel Section 50 creates various registration offences. Subsection (1) makes it an offence to attempt to obtain, renew or transfer registration, or to be issued with an unregistered heavy vehicle permit, by making a false or misleading statement or representation or in another dishonest way and imposes a maximum penalty of $10000 for non-compliance. Subsection (2) makes it an offence to, without a reasonable excuse, possess a registration item obtained in a way specified in subsection (1) and imposes a maximum penalty of $10000 for non-compliance. Any registration item that is obtained by a person in this way is declared void under subsection (4). Section 51 empowers the Regulator to cancel an incorrect, duplicate or poor quality registration item. It further enables the Regulator, if it considers it is appropriate to do so, to issue a replacement registration item or to give the registered operator a notice requiring it to return the item to the Regulator. Subsection (3) creates an offence to fail to comply with a notice and imposes a maximum penalty of $4000 for non-compliance. Whilst section 51 is an enabling provision, it is not intended to place a duty on the Regulator to replace or recover every incorrect, duplicate or poor quality registration item issued. Section 52 authorises the Regulator, by notice, to require the registered operator of a heavy vehicle registered under the Law or the holder of an unregistered heavy vehicle permit to produce documents, or to present the vehicle for inspection, so that the Regulator can verify the records about that vehicle. Subsection (4) creates an offence for a person to fail to comply with such a notice without a reasonable excuse and imposes a maximum penalty of $3000 for non-compliance. Annexure 1 -- 71 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 68 Authorised by the Chief Parliamentary Counsel Part 2.5 Written-off and wrecked heavy vehicles Section 53 states that the purpose of Part 2.5 is to provide for the collection and recording of information about written-off or wrecked heavy vehicles to ensure that such vehicles are registered only in circumstances where the identity of the vehicle and its operator is certain and the vehicle is safe. Certainty in the identity of the vehicle and its operator and the safety of the vehicle are important because of the incidence of theft, fraud, and dangerous disassembly and reassembly practices which attempt to disguise the true identity or origin of written-off or wrecked vehicles or parts of vehicles. Section 54 defines ‘insurer’, ‘wrecked’ and ‘written-off’ for the purposes of Part 2.5. Section 55 requires the Regulator to keep a register of written- off and wrecked heavy vehicles. It stipulates that the register must be kept in the way, and contain the particulars, prescribed by the national regulations. The section also requires the types of matters that the national regulations may provide for in relation to entries in the register, access to the register, the giving of information contained in the register, driving written off and wrecked heavy vehicles and notification of the regulator about written off and wrecked heavy vehicles. Subsection (3) enables the Regulator to also include any other information it considers reasonable and relevant to the purpose of Part 2.5. Part 2.6 Other provisions Section 56 empowers the Regulator to specify the gross combination mass (see the definition of GCM in section 5) for a motor vehicle, being the total maximum loaded mass of the vehicle and any vehicles it may lawfully tow at any given time for the purposes of the Law in the circumstances specified in the provision. Annexure 1 -- 72 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 69 Authorised by the Chief Parliamentary Counsel Section 57 empowers the Regulator to specify the gross vehicle mass (see the definition of GVM in section 5) for a vehicle for the purposes of this Law in the circumstances specified in the provision. Chapter 3 Vehicle operations— standards and safety Part 3.1 Preliminary Section 58 states that the main purpose of Chapter 3 is to ensure heavy vehicles used on roads are of a standard and in a condition that prevents or minimises safety risks. Part 3.2 Compliance with heavy vehicle standards Division 1 Requirements Section 59 provides a head of power for regulations to prescribe vehicle standards (heavy vehicle standards), with which heavy vehicles must comply to use roads. These may include requirements applying to heavy vehicles, components of heavy vehicles or equipment of heavy vehicles. The section also provides a head of power for the making of regulations to prescribe exemptions for different requirements for component vehicles that are not heavy vehicles. This allows for light vehicles to be exempted from all or part of one or more heavy vehicle standards when the light vehicle is part of a heavy vehicle combination. Section 60 creates an offence for a person to use, or permit to be used, on a road a heavy vehicle that contravenes a heavy vehicle standard applying to the vehicle. The maximum penalty for non-compliance is $3000 or $6000 depending on the circumstances. Annexure 1 -- 73 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 70 Authorised by the Chief Parliamentary Counsel The inclusion of the phrase ‘permit to be used’ in subsection (1) extends the responsibility beyond the driver of the heavy vehicle and is intended to require persons responsible for a heavy vehicle to ensure the vehicle complies with heavy vehicle standards applying to it. Subsection (2) clarifies that the offence does not apply in either of the following circumstances: • the heavy vehicle is travelling to a place for the repair of the vehicle or any of its components or equipment by the most direct or convenient route, is not carrying goods and is used in a way that does not pose a safety risk; or • the heavy vehicle is on a road for testing or analysis of the vehicle or any of its components or equipment by an approved vehicle examiner to check its compliance with the heavy vehicle standards, is not carrying any passengers, has only the quantity of goods that is necessary or appropriate for the conduct of the testing or analysis, and those goods do not pose a safety risk, and is used in a way that does not pose a safety risk. A note clarifies that the exception allowing the movement of the vehicle to a place repair does not supersede the requirements of any defect notice issued for the vehicle. Subsection (3) specifies that a person does not commit an offence if and to the extent that the noncompliance with a heavy vehicle standard was known to the Regulator when the vehicle was registered. However, a person only has the benefit of this provision if the heavy vehicle and its use on the road complies with the conditions of registration, as per subsection (5). Subsection (4) specifies the circumstances in which the Regulator is taken to have known of the noncompliance at the time of registration. Subsection (6) provides that a PBS vehicle is exempt from vehicle standards stated in its PBS vehicle approval and where it complies with the other applicable vehicle standards, the vehicle is regarded for the purposes of the National Law as complying with the vehicle standards applying to the vehicle. Annexure 1 -- 74 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 71 Authorised by the Chief Parliamentary Counsel Division 2 Exemptions by Commonwealth Gazette notice Section 61 empowers the Regulator to exempt a category of heavy vehicles from the requirement to comply with a heavy vehicle standard for a period of not more than 5 years. This must be done by Commonwealth Gazette notice complying with section 65. An exemption made under this section is referred to as a vehicle standards exemption (notice). This power has been included in the Law to allow for the preservation of current local productivity initiatives in jurisdictions and for the implementation of future productivity initiatives which exempt categories of vehicles from compliance with heavy vehicle standards. Section 62 limits the Regulator’s power to grant a vehicle standards exemption (notice). Under subsection (1) a vehicle standards exemption (notice) may only be granted if: • the Regulator is satisfied that the use of heavy vehicles of that category under the exemption will not pose a significant safety risk; and • one of the following applies: • the Regulator is satisfied complying with the relevant standard would prevent heavy vehicles of that category from operating as they were built or modified; • 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 relevant standard; • 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; or • the category of heavy vehicles consists of heavy vehicles that were, immediately before the commencement of this section in a participating jurisdiction, registered under an Australian road law of that jurisdiction and not required to comply with a similar standard at that time. Annexure 1 -- 75 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 72 Authorised by the Chief Parliamentary Counsel In deciding whether to grant a vehicle standards exemption (notice), the Regulator must have regard to the approved guidelines (defined in section 5 as guidelines approved by responsible Ministers under section 653) for granting vehicle standards exemptions. Section 62 ensures that the Regulator always has regard to the safety risks of granting an exemption and limits the granting of a vehicle standards exemption (notice) to highly specific circumstances. If those requirements are not met, the Regulator is not empowered to grant the vehicle standards exemption (notice). Section 63 authorises the Regulator to make a vehicle standards exemption (notice) subject to any conditions it considers appropriate. Such conditions could include, but are not limited to, conditions about protecting road infrastructure from damage and a condition requiring the driver of a heavy vehicle to keep documentation regarding the exemption in his or her possession. Section 64 states that a vehicle standard exemption (notice) takes effect when the Commonwealth Gazette notice for the exemption is published or, if a later time is stated on the Commonwealth Gazette notice, at the later time. The exemption applies for the period stated in the Commonwealth Gazette notice. However, this is limited by the requirement in section 61 that a vehicle standard exemption (notice) must be for a period of not more than 5 years. Section 65 specifies the matters to be set out in a Commonwealth Gazette notice for a vehicle standard exemption (notice) and that a copy of the notice must be published on the Regulator’s website. Section 66 gives the Regulator discretion to amend or cancel a vehicle standards exemption (notice) on either or both of two grounds: • the use of heavy vehicles on a road under the exemption has caused, or is likely to cause, a significant safety risk; Annexure 1 -- 76 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 73 Authorised by the Chief Parliamentary Counsel • since the exemption was granted, there has been a change in the circumstances and had these changed circumstances existed when the exemption was granted, the Regulator would not have granted the exemption in the first instance or would have granted the exemption subject to conditions or different conditions. It also sets out procedural requirements, including notification of the proposal to amend or cancel the vehicle standards exemption (notice), giving affected persons at least 14 days to make written representations as to why the Regulator should not amend or cancel the vehicle standards exemption (notice), considering all written representations made and giving notice of the decision to amend or cancel the vehicle standards exemption (notice). It also specifies when the amendment or cancellation takes effect. The intent of these requirements is to ensure transparency and fairness in the decision-making process. This is achieved by requiring adequate notice to be given to those affected by a proposed amendment or cancellation and by ensuring that possible adverse consequences of such action can be presented to the Regulator for consideration. An additional benefit of this section is in allowing those who may be adversely affected by a decision to amend or cancel a vehicle standards exemption (notice) time in which to adjust their business practices. Section 67 empowers the Regulator to suspend a vehicle standards exemption notice immediately to prevent or minimise serious harm to public safety or significant damage to road infrastructure. The power is exercisable through the meeting of the ordinary publication requirements (in or on each of the Commonwealth Gazette, a relevant newspaper, and on the Regulator’s website). The maximum length of the suspension is calculated with reference to the matters set out in subsection (2). Annexure 1 -- 77 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 74 Authorised by the Chief Parliamentary Counsel Division 3 Exemptions by permit Section 68 empowers the Regulator to exempt a heavy vehicle from the requirement to comply with a heavy vehicle standard for a period not more than 3 years. This must be done by giving a permit to a person in accordance with section 73. An exemption under this section is referred to as a vehicle standards exemption (permit) and may apply to 1 or more heavy vehicles. This power has been included in the Law to allow for the preservation of current local productivity initiatives in jurisdictions and for the implementation of future productivity initiatives which exempt categories of vehicles from compliance with heavy vehicle standards. Section 69 sets out requirements for an application for a vehicle standards exemption (permit). It includes the requirement that an application must be in the approved form and be accompanied by the relevant prescribed fee (defined in section 5 as a fee prescribed by the national regulations under section 740(1)). Section 70 limits the Regulator’s power to grant a vehicle standards exemption (permit). Under subsection (1) a vehicle standards exemption (permit) may only be granted if: • the Regulator is satisfied that the use of the heavy vehicle under the exemption will not pose a significant safety risk; and • one of the following applies: • the Regulator is satisfied complying with the relevant standard would prevent the heavy vehicle from operating as built or modified; • 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 relevant standard; or Annexure 1 -- 78 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 75 Authorised by the Chief Parliamentary Counsel • the heavy vehicle was, immediately before the commencement of this section in a participating jurisdiction, registered under an Australian road law of that jurisdiction and not required to comply with a similar standard at that time. In deciding whether to grant a vehicle standards exemption (permit), the Regulator must have regard to the approved guidelines (defined in section 5 as guidelines approved by responsible Ministers under section 653) for granting vehicle standards exemptions. This section ensures that the Regulator always has regard to the safety risks of granting an exemption and limits the granting of a vehicle standards exemption (permit) to highly specific circumstances. If those requirements are not met, the Regulator must not grant the vehicle standards exemption (permit). Section 71 authorises the Regulator to make a vehicle standards exemption (permit) subject to any conditions it considers appropriate. Such conditions could include, but are not limited to, a condition about protecting road infrastructure from damage. Section 72 sets out that a vehicle standards exemption (permit) applies for the period stated in the permit for the exemption. However, this is limited by the requirement in section 68 that the exemption must be for a period of not more than 3 years. Subsection (1) clarifies that the time period may be less than the period sought by the applicant for the permit. Section 73 sets out what the Regulator must provide to an applicant to whom a permit is granted, including the information which must be stated in the permit. Section 74 requires the Regulator to give the applicant an information notice for the decision if the Regulator refuses an application for a vehicle standards exemption (permit). An information notice is defined in section 5 as a notice stating the decision, the reasons for the decision and the review and appeal information (also defined in section 5) for the decision. Annexure 1 -- 79 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 76 Authorised by the Chief Parliamentary Counsel Section 75 empowers the holder of a vehicle standards exemption (permit) to apply to the Regulator for an amendment or cancellation of the exemption. This application must be in the approved form, be accompanied by the permit and the prescribed fee and, if for an amendment, state clearly the amendment sought and the reasons for it. The Regulator must decide this application as soon as practicable after receiving it. The Regulator is empowered by subsection (3) to require any additional information from the applicant that is reasonably required to decide the application. The Regulator must give notice to the applicant if it decides to grant the application. The amendment or cancellation takes effect when notice of the decision is given to the applicant or, if a later time is stated in the notice, at that time. If the exemption has been amended, the Regulator must give the applicant a replacement permit for the exemption as amended. If the Regulator decides not to amend or cancel the exemption in the way sought by the applicant, subsection (6) requires the Regulator to give the applicant an information notice for the decision and return the permit for the exemption to the applicant. An information notice is defined in section 5 as a notice stating the decision, the reasons for the decision and the review and appeal information (also defined in section 5) for the decision. Section 76 allows the Regulator to amend or cancel a vehicle standards exemption (permit) on the following grounds: • the exemption was granted because of a false or misleading documentation or representation or one that was obtained or made in an improper way; • the holder of the permit has contravened a condition of the exemption; • the use of a heavy vehicle on a road under the exemption has caused, or is likely to cause, a significant safety risk; Annexure 1 -- 80 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 77 Authorised by the Chief Parliamentary Counsel • since the exemption was granted, there has been a change in the circumstances and had these changed circumstances existed when the exemption was granted, the Regulator would not have granted the exemption in the first instance or would have granted the exemption subject to conditions or different conditions. It also sets out procedural requirements, including notification of the proposal to amend or cancel the vehicle standards exemption (permit), giving the permit holder at least 14 days to make written representations as to why the Regulator should not amend or cancel the vehicle standards exemption (permit), considering all written representations made and giving notice of the decision to amend or cancel the vehicle standards exemption (permit). It also specifies when the amendment or cancellation takes effect. The intent of these requirements is to ensure transparency and fairness in the decision-making process. This is achieved by requiring adequate notice to be given to the permit holder and by ensuring that possible adverse consequences of such action can be presented to the Regulator for consideration. Section 77 empowers the Regulator to immediately suspend a vehicle standards exemption permit where there is an immediate need to prevent or minimise serious harm to public safety or significant damage to road infrastructure. Subsection (2) sets out the procedures the Regulator must follow in exercising this power. Section 78 empowers the Regulator, by notice given to the holder of a permit for a vehicle standards exemption (permit), to make minor amendments to a vehicle standards exemption (permit). Under this section, an amendment is considered minor if it is for a formal or clerical reason or does not adversely affect the holder’s interest. As such amendments would not adversely affect the permit holder’s interest, there is no need to follow the procedural requirements that apply when an amendment or cancellation occurs under section 76. Annexure 1 -- 81 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 78 Authorised by the Chief Parliamentary Counsel Section 79 provides that the Regulator may require, by notice, a person to return a permit for a vehicle standards exemption (permit) to the Regulator if it has been amended or cancelled. It is an offence for a person to fail to comply with that notice within 7 days or within any longer period stated in the notice. The maximum penalty for non-compliance is $4000. In the case of an exemption that has been amended, the Regulator must give the person a replacement permit in accordance with subsection 64(3). Section 80 requires a person to apply for a replacement permit as soon as practicable after becoming aware that their permit is defaced, destroyed lost or stolen. The maximum penalty for a person not doing so is $4000. Subsection (2) states that 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. The only valid reason why the Regulator could refuse the application for a replacement permit is if the Regulator is not satisfied that the permit has been defaced, destroyed, lost or stolen. Subsection (3) states that if the Regulator decides not to give a replacement permit the Regulator must give the person an information notice for the decision. An information notice is defined in section 5 as a notice stating the decision, the reasons for the decision and the review and appeal information (also defined in section 5) for the decision. Subsection (4) clarifies that the offence of failing to apply for a replacement permit cannot be committed where the person has already applied for cancellation of the permit. Division 4 Operating under vehicle standards exemption Section 81 creates a number of offences, each with a maximum penalty of $3000, where there has been a contravention of a vehicle standards exemption. Annexure 1 -- 82 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 79 Authorised by the Chief Parliamentary Counsel Under subsection (1) it is an offence for a person to contravene a condition of an exemption. This does not apply to a condition referred to in subsection (7), relating to the requirement for the driver of a heavy vehicle who is driving under a vehicle standards exemption (notice) to keep a copy of the Commonwealth Gazette notice or an information sheet about the exemption. This is because contravention of such a condition is an offence under section 82. Under subsection (2) it is an offence for a person to use or permit the use of a vehicle on a road where that vehicle contravenes a condition of a vehicle standards exemption. Under subsection (3) it is an offence for a person to use or permit a heavy vehicle to be used on a road in a way that contravenes a condition of a vehicle standards exemption. Subsection (4) clarifies that, if a heavy vehicle is exempt from compliance with a heavy vehicle standard, no offence is committed against this Law in relation to non-compliance with the standard from which it is exempt, so long as the heavy vehicle and its use on the road complies with the conditions of that exemption. Subsection (5) specifies that, if a person commits an offence against subsection (1), (2) or (3), the person does not have the benefit of the exemption. The exemption does not operate in the person’s favour while the contravention continues and the relevant exemption must be disregarded in deciding whether the person has committed an offence in relation to a contravention of a heavy vehicle standard. Subsection (6) operates to prevent any double jeopardy arising because a person has been denied the benefit of an exemption under subsection (5). A person can be charged with either the offence against this section or the offence against the contravention of the vehicle standard but must not be charged with both offences. Annexure 1 -- 83 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 80 Authorised by the Chief Parliamentary Counsel Section 82 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. A relevant document is either a copy of the Commonwealth Gazette notice for the exemption or a copy of an information sheet about the exemption. If the driver does not comply with the condition both the driver and each relevant party for the driver commit an offence. A maximum penalty of $3000 applies for both offences. A relevant party for the driver means: • if the driver is employed, the employer of the driver; • if the driver is a self-employed driver, a prime contractor of the driver; • if the driver is making a journey for the operator of a vehicle, an operator of the vehicle. Extending liability for the driver’s non-compliance to the employer, prime contractor or operator is to encourage all parties responsible for the use of the heavy vehicle to ensure that the exemption documentation is with the vehicle at all times. This will assist compliance, by ensuring drivers are aware of the exemption conditions and enabling authorised officers to readily ascertain whether a vehicle is exempted from vehicle standards and the conditions applying to the exemption. When the relevant party is charged with an offence under this section that person does not have the benefit of the mistake of fact defence for the offence. However, that person does have the benefit of the reasonable steps defence. That defence is set out in Divisions 1 and 2 of Part 10.4. The reasonable steps defence requires that person charged must actively consider the appropriate steps to prevent an on-road breach from occurring and cannot rely on a honest and reasonable mistake alone. Subsection (6) specifies certain matters that are irrelevant in a proceeding and matters that constitute evidence in a proceeding against a relevant party. It provides that: Annexure 1 -- 84 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 81 Authorised by the Chief Parliamentary Counsel • it is irrelevant whether or not the driver has been or will be proceeded against or convicted. Thus it is not necessary to take action against a driver or to obtain a conviction against a driver in order to proceed against a relevant party; • evidence a court has convicted a driver is evidence that the offence happened at the time and place, and in the circumstances, stated in the charge resulting in the conviction or evidence that the driver has paid an infringement penalty, is evidence that the offence happened at the time and place, and in the circumstances, stated in the infringement notice. These are intended to facilitate proof of the relevant facts. Section 83 requires a driver of a heavy vehicle driving under a vehicle standards exemption (permit) to keep a copy of the permit in the driver’s possession. If the driver does not do so, both the driver and each relevant party for the driver commit an offence. A maximum penalty of $3000 applies for both offences. A relevant party for the driver means: • if the driver is employed, the employer of the driver; • if the driver is a self-employed driver, a prime contractor of the driver; • if the driver is making a journey for the operator of a vehicle, an operator of the vehicle. Extending liability for the driver’s non-compliance to the employer, prime contractor or operator is to encourage all parties responsible for the use of the heavy vehicle to ensure that the permit is with the vehicle at all times. This will assist compliance, by ensuring drivers are aware of the exemption conditions and enabling authorised officers to readily ascertain whether a vehicle is exempted from vehicle standards and the conditions applying to the exemption. When the relevant party is charged with an offence under this section that person does not have the benefit of the mistake of fact defence for the offence. However, that person does have the benefit of the reasonable steps defence. That defence is set out Annexure 1 -- 85 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 82 Authorised by the Chief Parliamentary Counsel in Divisions 1 and 2 of Part 10.4. The reasonable steps defence requires that a person charged must actively consider the appropriate steps to prevent an on-road breach from occurring and cannot rely on a honest and reasonable mistake alone. Subsection (6) specifies certain matters that are irrelevant in a proceeding and matters that constitute evidence in a proceeding against a relevant party. It provides that: • it is irrelevant whether or not the driver has been or will be proceeded against or convicted. Thus it is not necessary to take action against a driver or to obtain a conviction against a driver in order to proceed against a relevant party; • evidence a court has convicted a driver is evidence that the offence happened at the time and place, and in the circumstances, stated in the charge resulting in the conviction; • evidence of details stated in an infringement notice is evidence that the offence happened at the time and place, and in the circumstances, stated in the infringement notice. These are intended to facilitate proof of the relevant facts. It is anticipated that to comply with the requirements of section 83, the relevant party will give a driver of a heavy vehicle driving under a vehicle standards exemption (permit) a copy of the permit granted to the relevant party. Subsection (2) makes it an offence for a driver who is driving the vehicle under a heavy vehicle standards (permit) granted to a relevant party who stops working for that relevant party to fail to return the copy of the permit to the relevant party as soon as reasonably practicable after the driver stops working for that party. The maximum penalty for the offence is $3000. Annexure 1 -- 86 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 83 Authorised by the Chief Parliamentary Counsel Part 3.3 Modifying heavy vehicles Section 84 defines modification to limit the expression to alterations or changes resulting in non-compliance with an applicable vehicle standard, or a departure from an applicable vehicle standards exemption already in place (other than a departure bringing the vehicle into full compliance with all applicable vehicle standards). Section 85 creates offences in relation to unauthorised vehicle modifications. Under subsection (1) it is an offence for a person to modify a heavy vehicle unless the modification has been approved by an approved vehicle examiner under section 86 or by the Regulator under section 87. The maximum penalty for this offence $3000. Under subsection (2) it is an offence for a person to use or permit to be used on a road a heavy vehicle that has been modified unless the modification has been approved by an approved vehicle examiner under section 86 or by the Regulator under section 87. The maximum penalty for this offence is $3000. It is intended that under section 85, responsibility for any unauthorised modifications to heavy vehicles be extended to all persons involved in the modification process and in the use of the modified vehicle. Section 86 empowers an approved vehicle examiner, if authorised to do so by the national regulations, to approve a modification of a heavy vehicle if the modification complies with a code of practice prescribed by the national regulations for this section. Unlike a modification approved by the Regulator under section 87, the examiner does not have to consider whether the modification will constitute a significant safety risk. This is because the examiner does not have the same broad discretion to approve a modification even if it does not comply with a prescribed code of practice. Annexure 1 -- 87 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 84 Authorised by the Chief Parliamentary Counsel Subsection (3) specifies what an approved vehicle examiner must do if the examiner approves a modification. The examiner must give a certificate approving the modification in the approved form to the registered operator of the vehicle or, if there is no registered operator of the vehicle, to an owner of the vehicle and must ensure a plate, in the approved form that is stamped or engraved with details of the modification is fitted to a conspicuous part of the vehicle. Failure to comply with this requirement is an offence, with a maximum penalty of $3000. Section 87 authorises the Regulator to approve a modification of a heavy vehicle if the Regulator is satisfied that the use on a road of the heavy vehicle as modified will not pose a significant safety risk or the modified vehicle will comply with applicable noise and emission standards prescribed by national regulations, or the Regulator is satisfied that the modified vehicle complies with the requirements of any exemption from a noise or emission standard. Unlike an examiner under section 86, the Regulator may approve a modification even if the modification does not comply with a prescribed code of practice. This is intended to enable the Regulator to approve a modification where a code of practice approving such a modification is not yet published or published code does not apply. However, the Regulator is bound by the duty to be satisfied that the modification will not pose a significant safety risk. Similar to the requirements placed on an examiner under section 86(3), section 87(3) specifies what the Regulator must do if it approves a modification. It must give a certificate approving the modification in the approved form to the registered operator of the vehicle or, if there is no registered operator of the vehicle, to an owner of the vehicle and must ensure a plate, in the approved form that is stamped or engraved with details of the modification is fitted to a conspicuous part of the vehicle. Subsection (4) establishes the requirements for a plate or label that operates as evidence of the Regulator’s approval of a modification. Annexure 1 -- 88 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 85 Authorised by the Chief Parliamentary Counsel Section 88 establishes a general head of power for the making of regulations with respect to the modification of heavy vehicles. Part 3.4 Other offences Section 89 creates an offence for a person to use, or permit to be used, on a road a heavy vehicle that is unsafe. The maximum penalty for non-compliance is $6000. The inclusion of the phrase ‘permit to be used’ in subsection (1) extends the responsibility beyond the driver of the heavy vehicle and is intended to require persons responsible for a heavy vehicle to ensure the vehicle is safe. Subsection (3) authorises the movement of these vehicles through the use of vehicle defect notices where the vehicle complies with any conditions imposed through the notice. Section 90 sets out requirements about properly operating emission control systems for a relevant emission. A relevant emission refers to a gas, particles or noise emission. An emission control system refers to a device or system fitted to a vehicle that reduces the emission of a relevant emission from the vehicle. The Law does not require all heavy vehicles to be fitted with a gaseous emission control system if they were built before the relevant emissions control ADR (Australian Design Rule) came into force. Subsection (1) creates an offence for a person to use, or permit to be used on a road a heavy vehicle that is not fitted with an emission control system for a relevant emission if one is required to be fitted by an applicable heavy vehicle standard, the maximum penalty for non-compliance being $3000. Subsection (2) creates an offence for a person to use, or permit to be used on a road a heavy vehicle fitted with such a system if the system is not operating in accordance with the manufacturer's design. The maximum penalty for non- compliance is $3000. Annexure 1 -- 89 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 86 Authorised by the Chief Parliamentary Counsel The inclusion of the phrase ‘permit to be used’ in subsection (1) and (2) extends the responsibility beyond the driver of the heavy vehicle and is intended to require persons responsible for a heavy vehicle to ensure the vehicle is compliant. Requiring that the emission control system must be operating substantially in accordance with the system’s intended purpose is to ensure that persons cannot escape liability for having an ineffective or damaged emission control system. Subsection (3) makes it an offence to 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. This is necessary to address a concern that an aftermarket component such as an exhaust pipe may be operating in the way it is intended but still leaves the vehicle in an unsatisfactory state. Subsection (4) clarifies that offence in subsection (2) or (3) does not apply if the vehicle is travelling on the most direct or convenient route to a place of repair for the emission control system, or any of the vehicle’s components or equipment that affect the operation of the system. Subsection (5) allows national regulations to be made that prescribe testing standards for emissions from heavy vehicles. Section 91 makes it an offence to tamper with an emissions control system or permitting a heavy vehicle to be used in circumstances where it is known or ought to be known that the emissions control system has been tampered with. The new section excludes the mistake of fact defence and in its place provides for the reasonable steps defence to be raised. Section 92 states that 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 (such as a sign showing the words ‘LONG VEHICLE’ or ‘ROAD TRAIN’) 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. The maximum penalty for non-compliance is $3000. Annexure 1 -- 90 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 87 Authorised by the Chief Parliamentary Counsel This section is intended to ensure that warning signs are only used for vehicles that, under the heavy vehicle standards, are required to use them. Section 93 creates an offence for a person to tamper with a speed limiter that is required under an Australian road law to be, and is, fitted to a heavy vehicle. A speed limiter is defined as a device or system used to limit the maximum road speed of a heavy vehicle to which it is fitted. To tamper with a speed limiter means to alter, damage, remove or otherwise interfere with the speed limiter to the effect of enabling the vehicle to be driven at a higher speed than the speed limiter would permit. Subsection (2) prohibits a person from fitting or directing another person to fit 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. Subsection (3) prohibits an operator of a heavy vehicle from permitting the vehicle to be driven 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. An exception to this requirement is created by subsection (5), which provides that subsection (3) does not apply where the vehicle is on a journey to a place for the repair of the speed limiter. Subsection (4) clarifies that, if the relevant conduct is associated with the repair of a malfunctioning speed limiter, no offence is committed. The maximum penalty for tampering with a speed limiter is $10000, which is significantly higher than other offences in this Chapter. This indicates the gravity of, and safety risks associated with, the offence. A person charged with an offence for tampering with a speed limiter does not have the benefit of the mistake of fact defence for the offence. However the person does have the benefit of the reasonable steps defence for the offence. That defence is set out in Divisions 1 and 2 of Part 10.4. The reasonable steps defence Annexure 1 -- 91 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 88 Authorised by the Chief Parliamentary Counsel requires that person charged must actively consider the appropriate steps to prevent an on-road breach from occurring and cannot rely on a honest and reasonable mistake alone. Section 93 is different to other offence provisions in this Chapter as it does not extend responsibility to a person who uses, or permits to be used, a heavy vehicle with a tampered speed limiter. The offence is intended to be limited to the person who physically performs or authorises the tampering. Chapter 4 Vehicle operations— mass, dimension and loading Part 4.1 Preliminary Section 94 states that the main purposes of Chapter 4. The main purposes are: • To improve public safety by decreasing risks to public safety caused by excessively loaded or excessively large heavy vehicles; and • To minimise any adverse impact of excessively loaded or excessively large heavy vehicles on road infrastructure or public amenity. Subsection (2) states that these purposes are achieved by: • imposing mass limits for heavy vehicles, particular components of heavy vehicles, and loads on heavy vehicles; • imposing restrictions about the size of heavy vehicles and the projections of loads on heavy vehicles; • imposing requirements about securing loads on heavy vehicles; Annexure 1 -- 92 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 89 Authorised by the Chief Parliamentary Counsel • restricting access to roads by heavy vehicles of a particular mass, size or configuration even if the vehicles comply with the mass limits, restrictions and requirements mentioned above (Class 2 vehicles). However, subsection (3) states that particular heavy vehicles that do not comply with mass limits, restrictions and requirements (Class 1 and Class 3 vehicles) may be permitted to be used on roads subject to conditions when such use would be allowed for the efficient road transport of goods or passengers by heavy vehicles provided that its use does not compromise the safety or infrastructure protection purposes of Chapter 4. Part 4.2 Mass requirements Division 1 Requirements Section 95 authorises regulations to prescribe requirements about the mass of heavy vehicles and their components. The requirements apply not only to the heavy vehicle as a whole but also to combinations and to parts of the vehicle or combination. These requirements are referred to as prescribed mass requirements. In addition, subsection (4) authorises regulations to prescribe requirements that are not mass requirements but are about the use, on roads, of heavy vehicles under particular mass limits such as Higher Mass Limits. Examples are provided of requirements that the regulations are authorised to make including route restrictions and requirements to display signs on heavy vehicles. Section 96 states that a person must not drive on a road a heavy vehicle that (together with its load) does not, or whose components do not, comply with the mass requirements applying to the vehicle. The maximum penalty for contravening this requirement depends on the extent of the breach and whether it is classified as a: minor (maximum penalty $4000); substantial (maximum penalty $6000) or severe risk breach (maximum penalty $10000 plus $500 for every additional 1% above 120% to a maximum incremental penalty of $20000, (the total penalty will not exceed $30000 for an individual)). Annexure 1 -- 93 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 90 Authorised by the Chief Parliamentary Counsel These categories of breach are defined in Part 4.2, Division 2 of this Bill (section 97 to 100). A person charged with an offence under this section does not have the benefit of the mistake of fact defence for the offence. However, in a proceeding for an offence under this section the person does have the benefit of the reasonable steps defence for the offence. That defence is set out in Divisions 1 and 2 of Part 10.4. The reasonable steps defence requires that person charged must actively consider the appropriate steps to prevent an on- road breach from occurring and cannot rely on a honest and reasonable mistake alone. Subsection (4) allows the mass limit for a PBS vehicle to be established in the PBS vehicle approval. Under this subsection the limit stipulated in the approval is taken to be the applicable limit, and the vehicle is regarded for the purposes of this Law as complying with the prescribed mass requirements. Division 2 Categories of breaches of mass requirements Section 97 defines the terms severe risk breach lower limit and substantial risk breach lower limit. These terms are important for determining the maximum penalty applying to a breach of a mass requirement. The substantial risk breach lower limit, in relation to a particular mass requirement applying to a heavy vehicle, is a mass equalling 105% of the maximum mass (rounded up to nearest 0.1t) permitted for the vehicle under the mass requirements or 0.5t over the maximum mass permitted for the vehicle. The effect of this definition is that the substantial risk breach lower limit will never be reached if the heavy vehicle’s mass is less than 0.5t over the mass permitted for the vehicle. The severe risk breach lower limit is a mass equalling 120% of the maximum mass (rounded up to nearest 0.1t) permitted for the vehicle under the mass requirements. Annexure 1 -- 94 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 91 Authorised by the Chief Parliamentary Counsel Sections 98, 99 and 100 combine to apply the definitions of substantial risk breach lower limit and severe risk breach lower limit to effect that a contravention of a mass requirement applying to a heavy vehicle will be classified as: • A minor risk breach if the subject matter of the contravention is less than the substantial risk breach lower limit for the requirement. Note: A heavy vehicle with a total mass less than 0.5t over the maximum mass permitted for the vehicle will always be a minor risk breach under this Division. • A substantial risk breach if the subject matter of the contravention is equal to or greater than the substantial risk breach lower limit for the requirement and less than the severe risk breach lower limit for the requirement. • A severe risk breach if the subject matter of the contravention is equal to or greater than the severe risk breach lower limit. Annexure 1 -- 95 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 92 Authorised by the Chief Parliamentary Counsel The operation of the penalty regime for breaches of a mass requirement can be summarised in the following flowchart: Figure 1 – Flowchart summarising penalty regime for breaches of a mass requirement by a heavy vehicle Is the mass of the vehicle higher than the maximum mass permitted for the vehicle under the mass requirements? NO No breach of a mass requirement YES Is the mass of the vehicle greater than 0.5t over the maximum mass permitted for the vehicle under the mass requirements? NO YES Is the mass of the vehicle equal to or greater than 105% of the maximum mass (rounded up to the nearest 0.1t) permitted for the vehicle under the mass requirements? NO The breach is a minor risk breach of a mass requirement (maximum penalty $3750) YES Is the mass of the vehicle equal to or greater than 120% of the maximum mass (rounded up to the nearest 0.1t) permitted for the vehicle under the mass requirements? NO The breach is a substantial risk breach of a mass requirement (maximum penalty $6000) YES The breach is a severe risk breach of a mass requirement (maximum penalty $10000) Annexure 1 -- 96 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 93 Authorised by the Chief Parliamentary Counsel Part 4.3 Dimension requirements Division 1 Requirements Section 101 authorises regulations to prescribe requirements about the dimensions of a heavy vehicle, a component of a heavy vehicle and the dimensions of a heavy vehicle’s load. These requirements are referred to as dimension requirements. In addition, subsection (3) authorises the national regulations to prescribe requirements that are not dimension requirements but are about the use of a vehicle to which a dimension requirement applies. This regulation making power is used to impose such requirements as using warning signs and having a heavy vehicle accompanied by an escort or pilot vehicle. Section 102 states that a person must not drive on a road a heavy vehicle that (together with its load) does not, or whose components do not, or whose load does not, comply with the dimension requirements applying to the vehicle. If the heavy vehicle does not have goods or passengers in it the maximum penalty for an offence under this section is $3000. If the heavy vehicle does have goods or passengers in it, the extent of the penalty will depend on whether the breach is categorised as a minor risk breach (maximum penalty $3000), a substantial risk breach (maximum penalty $5000) or a severe risk breach (maximum penalty $10000). These categories of breach are defined in Part 4.3, Division 2 (sections 105 – 107). A person charged with an offence under this section does not have the benefit of the mistake of fact defence for the offence. However, in a proceeding for an offence under this section the person does have the benefit of the reasonable steps defence for the offence. That defence is set out in Divisions 1 and 2 of Part 10.4. The reasonable steps defence requires that person charged must actively consider the appropriate steps to prevent an on-road breach from occurring and cannot rely on a honest and reasonable mistake alone. Annexure 1 -- 97 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 94 Authorised by the Chief Parliamentary Counsel Subsection (4) allows the dimension limit for a PBS vehicle to be established in the PBS vehicle approval. Under this subsection the limit stipulated in the approval is taken to be the applicable limit, and the vehicle is regarded for the purposes of this Law as complying with the prescribed dimension requirements. Division 2 Categories of breaches of dimension requirements Section 103 restricts the application of Division 2 to a heavy vehicle only while it is carrying goods or passengers. This restriction is required to ensure that risk categorisations created for dimensional breaches apply only to laden vehicles. Beaches of internal dimension limits are not intended to be penalised on this basis but rather will be subject to the obligations set out in the regulations made under Chapter 3 dealing with vehicle standards. Section 104 provides definitions for the terms severe risk breach lower limit and substantial risk breach lower limit in relation to dimension requirements. These terms are used to classify a breach of a dimension requirement as a minor, substantial or severe risk breach under this Division. These definitions provide for the operation of both terms in relation to length, width, height and load projection dimensions of the heavy vehicle. A ‘substantial risk breach lower limit’ means: • In relation to a dimension requirement concerning length: the maximum length permitted for the vehicle under the dimension requirements plus 350mm. • In relation to a dimension requirement concerning width: the maximum width permitted for the vehicle under the dimension requirements plus 40mm. • In relation to a dimension requirement concerning height: the maximum height permitted for the vehicle under the dimension requirements plus 150mm. Annexure 1 -- 98 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 95 Authorised by the Chief Parliamentary Counsel • In relation to a dimension requirement concerning the projection of a load, the maximum load projection permitted for the vehicle under the dimension requirements plus 40mm. A ‘severe risk breach lower limit’ means: • In relation to a dimension requirement concerning length: the maximum length permitted for the vehicle under the dimension requirements plus 600mm. • In relation to a dimension requirement concerning width: the maximum width permitted for the vehicle under the dimension requirements plus 80mm. • In relation to a dimension requirement concerning height: the maximum height permitted for the vehicle under the dimension requirements plus 300mm. • In relation to a dimension requirement concerning the projection of a load: the maximum load projection permitted for the vehicle under the dimension requirements plus 80mm. Section 105 states when a contravention of a dimension requirement is a minor risk breach. Under section 105, a contravention of a dimension requirement is a minor risk breach if the subject matter of the contravention is less than the substantial risk breach lower limit for the requirement. Section 106 states when a contravention of a dimension requirement is a substantial risk breach. A contravention of a dimension requirement is a substantial risk breach if the subject matter of the contravention is equal to or greater than a substantial risk breach lower limit for the requirement and less than the severe risk breach lower limit for the requirement. However, a breach that would ordinarily be classified as a minor risk breach of the dimension requirement under section 104 is to be treated as a substantial risk breach if any escalating factors mentioned in subsection (2) or (3) are present. Annexure 1 -- 99 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 96 Authorised by the Chief Parliamentary Counsel The escalating factors are: • where the contravention relates to length: • a warning sign or device is not carried on the rear of the vehicle’s load as required by the national regulations; or • the vehicle’s load projects in a way that is dangerous to persons or property; • where the contravention relates to width: • the contravention happens at night; or • the contravention happens in hazardous weather conditions causing reduced visibility. Providing for the risk category to be escalated from minor to substantial in certain circumstances recognises that in these circumstances the risk of adverse consequences arising from the breach is increased. Providing for risk categories to be escalated on this basis allows situations of contravention of requirement occasioning a greater risk to attract a greater maximum penalty. Section 107 states when a contravention of a dimension requirement is a severe risk breach. A contravention of a dimension requirement is a severe risk breach when the subject matter of the contravention is equal to or greater than a severe risk breach lower limit for the requirement. However, a breach that would ordinarily be classified as a substantial risk breach under section 106(1)(a) is to be regarded as a severe risk breach if any escalating factors mentioned in section 107(2) or (3) are present. The escalating factors are: • For a contravention relating to length: • a warning sign or device is not carried on the rear of the vehicle’s load as required by the national regulations; or • the vehicle’s load projects in a way that is dangerous to persons or property. Annexure 1 -- 100 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 97 Authorised by the Chief Parliamentary Counsel • For a contravention relating to width: • the contravention happens at night; or • the contravention happens in hazardous weather conditions causing reduced visibility. Providing for the risk category to be escalated from substantial to severe in certain circumstances recognises that in these circumstances the risk of adverse consequences arising from the breach is increased. Providing for risk categories to be escalated on this basis allows situations of contravention of requirement occasioning a greater risk to attract a greater maximum penalty. The following flowchart summarises the operation of the basic penalty regime for contravention of a dimension requirement by a heavy vehicle. Annexure 1 -- 101 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 98 Authorised by the Chief Parliamentary Counsel (NOTE: This flowchart does not include contraventions of a dimension requirement under section 108): Figure 2 – Summary of basic penalty regime for breaches of a dimension requirement for a heavy vehicle Division 3 Other provisions relating to load projections Section 108 states that when a load projects in a way dangerous to persons or property a minor risk breach of a dimension requirement occurs even if all dimension requirements, warning and other requirements are met. If such a load projection contravention happens at night or in hazardous weather conditions causing reduced visibility, the contravention is escalated to a substantial risk breach of a dimension Annexure 1 -- 102 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 99 Authorised by the Chief Parliamentary Counsel requirement. Complying with dimension and related requirements is not sufficient to avoid a penalty when the load projects in a way dangerous to persons or property. Section 109 provides for warning signals for rear projections loads when the load projects more than 1.2 metres behind a heavy vehicle or the load projects from a pole-type trailer or the load projects in a way that would not be readily visible to a person following immediately behind the vehicle. These warning signals provide an indication to following road users that the project of the load is greater than they may otherwise expect. Under this section, a person commits an offence if a load projects behind a heavy vehicle as described above and a warning flag (required when the vehicle is operated during the day time) or a warning light (required when the vehicle is operated during the night time) is not fixed to the extreme back of the load. The maximum penalty for not complying with the requirements of this section is $3000. Part 4.4 Loading requirements Division 1 Requirements Section 110 authorises regulations to prescribe requirements about securing a load on a heavy vehicle or a component of heavy vehicle. These regulations are referred to as loading requirements. The regulations may include, but are not limited to, including requirements about the restraint or positioning of a load or any part of it on a motor vehicle or trailer. Section 111 states that persons must not drive on a road a heavy vehicle that does not, or whose load does not, comply with the loading requirements applying to the vehicle. The penalty for not complying with loading requirements will depend on the extent of the breach and whether it is classified as a minor risk breach (maximum penalty $3000); substantial risk breach (maximum penalty $5000); or severe risk breach (maximum penalty $10000). Annexure 1 -- 103 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 100 Authorised by the Chief Parliamentary Counsel A person charged with an offence under this section does not have the benefit of the mistake of fact defence for the offence. However, in a proceeding for an offence under this section the person does have the benefit of the reasonable steps defence for the offence. That defence is set out in Divisions 1 and 2 of Part 10.4. The reasonable steps defence requires that person charged must actively consider the appropriate steps to prevent an on-road breach from occurring and cannot rely on a honest and reasonable mistake alone. Division 2 Categories of breaches of loading requirements Sections 112, 113 and 114 provide when a contravention of a leading requirement will be categorised as a minor, substantial or severe risk breach to determine the extent of penalty applying to an offence of breaching a loading requirement. In sections 112 - 114, determining whether a risk breach is minor, substantial or severe depends on: • Whether the contravention involved an actual loss or shifting of the load; and • The actual or potential effect of a contravention on safety, road infrastructure or public amenity. If the subject matter of the contravention involved no actual loss or shifting of the load: • the contravention can never be classified as a severe risk breach of a loading requirement under this division and; • the contravention is a substantial risk breach if, had the loss or shifting of the load occurred, it would likely have involved an appreciable safety risk, an appreciable risk of damage to road infrastructure or an appreciable risk of causing an adverse affect on public amenity. If the consequences of the contravention would not likely have given rise to these effects, the contravention is classified as a minor risk breach. Annexure 1 -- 104 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 101 Authorised by the Chief Parliamentary Counsel If the subject matter of the contravention does involve an actual loss or shifting of the load: • the contravention can never be classified as a minor risk breach of a loading requirement under this division and; • the contravention is a severe risk breach if the loss or shifting of the load involves an appreciable safety risk or an appreciable risk of damage to road infrastructure or an appreciable risk of causing an adverse affect on public amenity. If the consequences of the contravention would not likely have given rise to these effects, the contravention is classified as a substantial risk breach. The flowchart on the following page summarises the operation of the penalty regime for the breach of a loading requirement applying to a heavy vehicle. Figure 3 - Summary of penalty regime for breaches of a loading requirement for a heavy vehicle Annexure 1 -- 105 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 102 Authorised by the Chief Parliamentary Counsel Division 3 Evidentiary provision Section 115 concerns certain evidence in proceedings for an offence in regard to a contravention of a loading requirement. Under this section: • evidence that a load on a heavy vehicle was not placed, secured or restrained in a way that met a performance standard in the Load Restraint Guide as in force at the time, is evidence that the load was not placed, secured or restrained in compliance with a loading requirement applying to the vehicle. • evidence that a load, or part of the load, has fallen off a heavy vehicle is evidence that the load was not properly secured. • a court must presume a document purporting to be the Load Restrain Guide, as in force at the time of the offence is the Load Restraint Guide as in force at the time of offence, until the contrary is proved. Subsection (2) defines Load Restraint Guide as a document of that name prepared by the National Transport Commission and published in the Commonwealth Gazette, from time to time. A legislative note indicates that this is able to be accessed from the National Transport Commission’s website. Section 115 gives the content of the Load Restraint Guide, produced by the National Transport Commission, a critical role in determining and proving what a contravention of a loading requirement is. The Load Restraint Guide is developed by the National Transport Commission after consultation with stakeholders. Annexure 1 -- 106 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 103 Authorised by the Chief Parliamentary Counsel Part 4.5 Exemptions for particular overmass or oversize vehicles Division 1 Preliminary Section 116 defines when a heavy vehicle is a class 1 heavy vehicle or a class 3 heavy vehicle. These definitions are important for determining exemptions under this chapter as there are differences in the types of conditions that are imposed on class 1 heavy vehicles as compared to class 3 heavy vehicles. Class 1 heavy vehicles are subject to specific conditions to ensure that they may be used safely on public roads. The effect of the definitions of class 1 and class 3 heavy vehicles in this section is that all heavy vehicles that do not comply with mass or dimension requirements applying to it are either class 1 or class 3 heavy vehicles. Part 4.5 of the Law provides that these vehicles may only operate on public roads if the Regulator issues a Class 1 or Class 3 notice or permit. Subsection (1) defines a vehicle as a class 1 heavy vehicle if the vehicle, together with its load, does not comply with a mass requirement or dimension requirement applying to it and it is either: • a special purpose vehicle. A special purpose vehicle is defined in subsection (4) and includes concrete pumps, fire engines and motor vehicles built for a purpose other than carrying goods (such as a mobile crane); or • an agricultural vehicle other than an agricultural trailer. An agricultural vehicle is defined in section 5; or • 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 is not a road train or B-double, or carrying a freight container designed for multi-modal transport. Subsection (4) defines the term large indivisible item for this section. A large invisible item is an item that cannot be divided into smaller items without Annexure 1 -- 107 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 104 Authorised by the Chief Parliamentary Counsel extreme effort, expense or risk of damage and it cannot be carried without contravening a mass or dimension requirement. Subsection (1) stipulates that agricultural trailers (whether or not they exceed mass and dimension requirements) are to be treated as Class 1, and not Class 3, heavy vehicles. This allows for these trailers to be subject to Class 1 rather than Class 3 notices or permits and for the standard conditions that are to apply to Class 1 vehicles as a result of the regulations made under this Chapter to be used for these notices or permits. Subsection (4) defines a class 3 heavy vehicle as any other heavy vehicle not classified as a class 1 heavy vehicle that, together with its load, does not comply with a mass requirement or dimension requirement applying to it. Division 2 Exemptions by Commonwealth Gazette notice Section 117 empowers the Regulator, by Commonwealth gazette notice complying with section 121, to exempt a category of class 1 or 3 heavy vehicles from a mass or dimension requirement for a period not more than 5 years. These exemptions are referred to as mass or dimension exemption (notice). Limitations to the power of the Regulator to issue a mass or dimension exemption (notice) in this section are: • a mass or dimension exemption (notice) must not be issued by the Regulator for a period more than 5 years; and • a mass or dimension exemption (notice) must not be issued by the Regulator exempting a vehicle from a mass requirement relating to a heavy vehicle’s GVM (Gross Vehicle Mass) or GCM (Gross Combination Mass); and Annexure 1 -- 108 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 105 Authorised by the Chief Parliamentary Counsel • a mass or dimension exemption (notice) must not be issued by the Regulator exempting a vehicle from a mass requirement relating to a maximum mass limit for a heavy vehicle, or a component of a heavy vehicle, set by the manufacturer of the vehicle or component. A legislative note to section 117 indicates that Division 3, Part 4.7 should be read when considering the amendment, suspension or cancellation of a mass or dimension exemption (notice). Section 118 further limits the power of the Regulator to grant a mass or dimension exemption (notice) by stating that a mass or dimension exemption (notice) must not be granted for a category of heavy vehicles unless the matters mentioned in subsection (1) and (2) are present. The matters mentioned in subsections (1) and (2) that are all required to be present prior to a mass or dimension exemption (notice) being issued are: • 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. • each relevant road manager for the exemption has consented to the grant of the mass or dimension exemption (notice). • the Regulator is satisfied that 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. • the Regulator has had regard to the approved guidelines (defined in section 5 as guidelines approved by responsible Ministers under section 653) for granting mass or dimension exemptions in making the decision whether to grant the mass or dimension exemption (notice). The requirement in subsection (1)(b) that each road manager consent to the grant of the issue of a grant or mass dimension exemption (notice) ensures that all road managers affected by the granting of the exemption have an opportunity to maintain control over the Annexure 1 -- 109 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 106 Authorised by the Chief Parliamentary Counsel use of heavy vehicles on roads under their authority. This allows road managers to have regard to the impact of an exemption on its road assets. Section 119 specifies the conditions that must be included on a mass or dimension exemption (notice), authorises regulations to make conditions for the exemption and empowers the Regulator to subject the exemption to any other conditions it considers appropriate. Under section 119 a mass or dimension exemption (notice) is also subject to the road conditions or travel conditions required by a relevant road manager for the exemption under section 160 or 161. A significant provision in section 119 is subsection (1)(a), which requires a compulsory condition regarding the areas or routes to which the exemption applies for all mass or dimension exemptions (notice). The requirement to include a condition about specifying areas ensures that the geographical extent of the exemption is always clearly stated. Subsection (2) provides that the route restrictions may be stated on map by the Regulator. Subsection (3) prescribes requirements for such a map that the Regulator must follow, including a requirement to make the map publicly available. Subsection (1)(b) authorises the regulations to prescribe conditions for the exemption. These regulations may prescribe conditions that are to apply only to particular areas or roads and may authorise the Regulator to decide the areas or roads to which the conditions are to apply. Subsection (1)(d) empowers the Regulator to subject a mass or dimension exemption (notice) to any conditions it considers appropriate including, but not limited to: • conditions about 1 or more matters mentioned in Schedule 2. Schedule 2 concerns subject matter for conditions of mass or dimension authorities. A mass or dimension exemption (notice) is included in the definition of a mass or dimension authority in section 5; • intelligent access conditions; or Annexure 1 -- 110 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 107 Authorised by the Chief Parliamentary Counsel • 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 the Commonwealth Gazette notice for the exemption; or an information sheet about the exemption published by the Regulator on the Regulator’s website. Subsection (4) clarifying that the Regulator may only extend, or add to the condition stating the areas or routes, if the relevant road manager has consented to a grant that includes the relevant areas or routes. Section 120 states when a mass or dimension exemption (notice) takes effect when the Commonwealth Gazette notice for the exemption is published or if a later time is stated in the notice, at the later time. Paragraph (b) states that the mass or dimension exemption (notice) applies for the period stated on the Commonwealth Gazette notice. However, this is limited by the requirement in section 117 that a mass or dimension exemption (notice) cannot be granted for a period of more than 5 years. Section 121 states the requirements for the Commonwealth Gazette notice required for a mass or dimension exemption (notice). These include stating the category of heavy vehicle to which the exemption applies, the mass and dimension requirements to which the exemption applies, the areas or routes to which the exemption applies, the conditions imposed by regulations for the exemption, the road conditions required by a relevant road manager, and the period for which the exemption applies. The Regulator is also required to publish a copy of the Commonwealth Gazette notice on its website. Division 3 Exemptions by permit Section 122 empowers the Regulator to exempt, by permit as mentioned in section 127, a class 1 or 3 heavy vehicle from compliance with a mass or vehicle requirement for a period not more than 3 years. Such an exemption is referred to as a mass or dimension exemption (permit). Annexure 1 -- 111 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 108 Authorised by the Chief Parliamentary Counsel Limitations to the Regulator’s power under section 122 are: • a mass or dimension exemption (permit) must not be granted for a period more than 3 years; • a mass or dimension exemption (permit) must not be issued by the Regulator exempting a vehicle from a mass requirement relating to a heavy vehicle’s GVM (gross vehicle mass) or GCM (gross combination mass). (An exception to the GCM limitation is provided in subsection (2) where there are multiple hauling units as GCMs are specified for operation of a heavy vehicle when used alone to tow other vehicles). • a mass or dimension exemption (permit) must not be issued by the Regulator exempting a vehicle from a mass requirement relating to a maximum mass limit for a heavy vehicle, or a component of a heavy vehicle, set by the manufacturer of the vehicle or component. A legislative note to section 122 indicates that Division 4, Part 4.7 should be read when considering the amendment, suspension or cancellation of a mass or dimension exemption (notice). Section 123 states how a person may apply to the Regulator for mass or exemption (permit). This application must be in the approved form and be accompanied by the relevant prescribed fee. The Regulator is empowered by subsection (3) to require the applicant to give the Regulator any additional information reasonably required to decide the application. Section 124 further limits the power of the Regulator to grant a mass or dimension exemption (permit) by stating that a mass or dimension exemption (permit) must not be granted for a category of class of heavy vehicles unless all of the factors mentioned in subsections (1) and (2) are present. The factors in section 124(1) and (2) are: • 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 (section 124(1)(a)); Annexure 1 -- 112 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 109 Authorised by the Chief Parliamentary Counsel • each relevant road manager for the exemption has consented to the grant of the mass or dimension exemption (permit) (section 124(1) (b)); and • the Regulator is satisfied that all consents required for the exemption under the law of the relevant jurisdiction have been obtained by the applicant or have been otherwise given (section 124(1)(c)); • the Regulator has had regard to the approved guidelines (defined in section 5 as guidelines approved by responsible Ministers under section 653) for granting mass or dimension exemptions in making the decision whether to grant the mass or dimension exemption (permit) (section 124(2)). The requirement in section 124(1)(b) that each road manager consent to the grant of the issue of a grant or mass dimension exemption (notice) is intended to ensure that all road managers affected by the granting of the exemption have an opportunity to maintain control over the use of heavy vehicles on roads under their authority. This allows road managers to have regard to the impact of an exemption on its road assets. Section 125 specifies the conditions that must be included on a mass or dimension exemption (permit), authorises the national regulations to make conditions for the exemption and empowers the Regulator to subject the exemption to other conditions it considers appropriate. A significant provision in section 125 is subsection (1)(a) which requires a compulsory condition regarding the areas or routes to which the exemption applies for all mass or dimension exemptions (permit). This section ensures that the geographical extent of an exemption is always clearly stated. It is to be noted that there is no provision for the indicating of the areas and roads the exemption applies to by virtue of a map in section 125. This is a point of difference between the condition requirements for a mass or dimension exemption (permit) and the condition requirements for a mass or dimension exemption (notice). The reason for this difference is that notices apply to any operator whose heavy vehicle meets the specified Annexure 1 -- 113 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 110 Authorised by the Chief Parliamentary Counsel requirements of the notice and it is necessary for the Regulator to make available to these operators information about the areas and roads on which the relevant vehicle may be used. Section 126 states when a mass or dimension exemption (permit) commences and the time period it applies for. A mass or dimension exemption (permit) may apply for a period less than the period sought by the applicant. Under section 126 a mass or dimension exemption (permit) applies for the period stated in the permit for the exemption. This period may be less than the period sought by the applicant. The scope for the permit to state its applicable time period is limited by the requirement in section 122 that a mass or dimension exemption (permit) cannot be granted for a period of more than 3 years. Section 127 requires the Regulator to give the applicant a permit stating certain information if the Regulator grants a mass or dimension exemption (permit). Subsection (1)(b) specifies that if the Regulator has imposed conditions on the permit (including the compulsory conditions in section 125) or granted the exemption for a period less than 3 years) an information notice for these decisions must also be provided to the applicant. The section also specifies other information to be included such as the name of the permit holder, the heavy vehicles to which the exemption applies, the mass or dimension requirements to which the exemption applies, the areas and routes to which the exemption applies, the conditions to which the exemption applies, and the period for which the exemption applies. Subsection (2)(b) facilitates the issuing of so-called ‘farm gate’ permits. These permits authorise the movement of heavy vehicles on roads without necessarily knowing the details of the exact vehicle that will perform the relevant transport task. It does so recognising the registration details may not be known at the time of issuing. Section 128 states that if the Regulator refuses an application for a mass or dimension exemption (permit), it must give an information notice for the decision to the applicant. Annexure 1 -- 114 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 111 Authorised by the Chief Parliamentary Counsel A legislative note indicates that section 166 sets out the requirements for an information notice when a relevant road manager decides not to give consent to the grant of a mass or dimension exemption (permit). Division 4 Operating under mass or dimension exemption Section 129 makes it an offence to drive a heavy vehicle under a mass or dimension exemption that does not comply with a condition of exemption and prescribes a maximum penalty of $6000 where either: • a person contravenes a condition of an exemption, whether it has been given by notice or permit, (apart from one referred to in subsection (7), relating to an obligation to carry a copy of a notice, or information about it, that has been published in the Commonwealth Gazette); or • a vehicle contravenes a condition (in which case the person using or permitting the use of the vehicle on a road is liable); or • the way in which the vehicle is used contravenes a condition (in which case the person who used or permitted it to be used in that way is liable). Subsection(4) states that if a heavy vehicle is exempt from a mass or dimension requirement and is being used in compliance with the conditions of that exemption a person does not commit an offence against this Bill in relation to the standard it from which it is exempt from. Subsection (5) states that if a condition offence (defined in subsection (8) as an offence against subsection (1), (2) or (3)) is committed in relation to an exemption, that exemption does not operate in the person’s favour while the contravention constituting the condition offence continues. This means that risk category for the offence of breaching a mass or dimension requirement will be based on the mass or dimension requirement that would have apply to the heavy vehicle but for the exemption. Annexure 1 -- 115 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 112 Authorised by the Chief Parliamentary Counsel Further, the relevant 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. Subsection (7) excludes from subsection (1) a condition that the driver keep a relevant document (such as the notice) in their possession while driving. This is done to ensure that an offence for not carrying a document is subject to a lower penalty, being $3000. Subsection (6) ensures that a person denied the benefit of an exemption because of the operation of subsection (5), cannot be charged with both the offence of contravening the exemption and the offence which may have been committed in contravening the mass or dimension requirement from which the exemption has ceased to be available. Section 130 requires a driver of a pilot or escort vehicle to comply with the conditions of the mass or dimension exemption applying to the heavy vehicle it is accompanying about the use of the pilot or escort vehicle when there is a condition of a mass or dimension exemptions requiring a heavy vehicle to be accompanied by a pilot vehicle or escort vehicle while the heavy vehicle is being used on a road. The terms pilot vehicle and escort vehicle are defined in section 5. If the driver of the pilot vehicle or escort vehicle does not comply with these conditions both that driver and the operator of the heavy vehicle are taken to have committed an offence with a maximum penalty of $6000. The inclusion of the operator of the heavy vehicle as a responsible party for this offence reflects the fact that the relevant condition applies to the heavy vehicle, for which the operator of the heavy vehicle is responsible for. Subsection (4) deals with a prosecution of the operator of a heavy vehicle when the driver of the pilot vehicle or escort vehicle does not comply with conditions regarding its use. It provides: • Whether or not the driver of the pilot or escort vehicle has been or will be proceeded against or convicted of the relevant offence is irrelevant. A decision not to proceed against or Annexure 1 -- 116 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 113 Authorised by the Chief Parliamentary Counsel record a conviction against a driver under this section does not preclude the operator of a heavy vehicle from being charged or convicted under this section. • Evidence a court has convicted the driver of the relevant offence is evidence that the offence happened at the time and place, and in the circumstances, stated in the charge resulting in the conviction. This is intended to facilitate proof of the relevant facts. • Details stated in an infringement notice issued for the relevant offence is evidence that the offence happened at the time and place, and in the circumstances, stated in the infringement notice. Section 131 requires the driver of a pilot vehicle to ensure that the pilot vehicle does not accompany a heavy vehicle which contravenes a mass or dimension exemption condition. If a pilot vehicle does accompany a heavy vehicle that contravenes a condition of its mass or dimension exemption the driver of the pilot vehicle commits an offence with a maximum penalty of $6000. When the driver of the pilot vehicle, able to be prosecuted under this section, and the operator of the heavy vehicle contravening the condition of the mass or dimension exemption are the same person, subsection (2) provides that the person may be prosecuted for either the general contravention of a condition of a mass or dimension exemption as the operator of the heavy vehicle or as the driver of the accompanying pilot vehicle but not both. Section 131 places an obligation upon the drivers of pilot vehicles to be aware of the conditions of mass or dimension exemptions applying to the heavy vehicles they are accompanying and ensure that the heavy vehicles continue to comply with these conditions. However, to restrict the circumstances in which the driver of a pilot vehicle may be found liable for accompanying a heavy vehicle contravening a condition of a mass or dimension exemption, those conditions are restricted to matters reasonably Annexure 1 -- 117 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 114 Authorised by the Chief Parliamentary Counsel within the knowledge of the pilot (such as route and time restrictions) and exclude matters it maybe unreasonable for them to be imputed knowledge of (such as the breach of a particular mass requirement applying to the vehicle). Section 132 requires a driver who is driving under a mass or dimension exemption (notice) must comply with any condition requiring him or her to keep a relevant document (the Commonwealth Gazette notice for the exemption or an information sheet about the exemption published by the Regulator on the Regulator’s website) in their possession. If this is not done, an offence with a maximum penalty of $3000 is committed by the driver of the vehicle and the relevant party for the driver. For this section, the relevant party for the driver is: • If the driver is employed, the employer of the driver • If the driver is a self-employed driver, a prime contractor of the driver • If the driver is making a journey for the operator of a vehicle, an operator of the vehicle. When a relevant party is charged with an offence under this section, that person does not have the benefit of the mistake of fact defence for the offence, but that person does have the benefit of the reasonable steps defence. That defence is set out in Divisions 1 and 2 of Part 10.4. The reasonable steps defence requires that person charged must actively consider the appropriate steps to prevent an on-road breach from occurring and cannot rely on a honest and reasonable mistake alone. Subsection (6) deals with a prosecution of a relevant party. It provides that: • Whether or not the driver has or will be proceeded against or convicted is irrelevant. A decision not to prosecute or convict a driver under this section does not preclude the relevant party from being charged or convicted where the driver did not carry the relevant document. Annexure 1 -- 118 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 115 Authorised by the Chief Parliamentary Counsel • Evidence a court has convicted the driver of the relevant offence is evidence that the offence happened at the time and place, and in the circumstances, stated in the charge resulting in the conviction. This is intended to facilitate proof of the relevant facts. • Details stated in an infringement notice issued for the relevant offence is evidence that the offence happened at the time and place, and in the circumstances, stated in the infringement notice. Section 133 creates a requirement for drivers of a class 1 or class 3 heavy vehicle under a mass or dimension requirement (permit) to keep a copy of the permit for the exemption in the driver’s possession. If this is not done, an offence with a maximum penalty of $3000, is committed by the driver of the vehicle and the relevant party for the driver. For this section, the relevant party for the driver is: • if the driver is employed, the employer of the driver; • if the driver is a self-employed driver, a prime contractor of the driver; and • if the driver is making a journey for the operator of a vehicle, an operator of the vehicle. It is anticipated that to comply with the requirements of this section the relevant party will give a driver of a heavy vehicle driving under a mass or dimension exemption (permit) a copy of the permit that has been issued by the Regulator for a particular vehicle. In such a situation, when the driver stops working for the relevant party they must return a copy of the permit to the relevant party as soon as reasonably practicable (section 133(2)). The maximum penalty for not complying with this requirement is $4000. Subsections (4) to (5) state that when the relevant party is charged with an offence under this section that person does not have the benefit of the mistake of fact defence for the offence but that person does have the benefit of the reasonable steps defence. That defence is set out in Divisions 1 and 2 of Part 10.4. The reasonable steps defence requires that person Annexure 1 -- 119 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 116 Authorised by the Chief Parliamentary Counsel charged must actively consider the appropriate steps to prevent an on-road breach from occurring and cannot rely on a honest and reasonable mistake alone. Subsection (6) deals with a prosecution of a relevant party. It provides that: • Whether or not the driver has or will be proceeded against or convicted of the relevant offence is irrelevant. A decision not to prosecute or convict a driver under this section does not preclude the relevant party from being charged or convicted where the driver did not carry the relevant document. • Evidence a court has convicted the driver of the relevant offence is evidence that the offence happened at the time and place, and in the circumstances, stated in the charge resulting in the conviction. This is intended to facilitate proof of the relevant facts. • Details stated in an infringement notice issued for the relevant offence is evidence that the offence happened at the time and place, and in the circumstances, stated in the infringement notice. Division 5 Other provision Section 134 states that a heavy vehicle warning sign must not be displayed on a heavy vehicle unless the heavy vehicle is being used under a dimension exemption (an exemption under this Part from compliance with a dimension requirement). Subsection (2) states that a pilot vehicle warning sign must not be displayed on a vehicle unless a vehicle is being used as a pilot vehicle for a heavy vehicle being used under a dimension exemption. The maximum penalty for non-compliance in both circumstances is $3000. Section 134 has the effect of ensuring that warning signs are only used for heavy vehicles or pilot vehicles that, under national regulations, are required to use them. Annexure 1 -- 120 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 117 Authorised by the Chief Parliamentary Counsel The terms heavy vehicle warning sign and pilot vehicle warning sign are defined in subsection (3) for the purposes of this section. Part 4.6 Restricting access to roads by large vehicles that are not overmass or oversize vehicles Division 1 Preliminary Section 135 states that the main purpose of Part 4.6 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 endanger public safety, damage road infrastructure or adversely affect public amenity. This draws attention of the main purpose of this Part being to restrict access to roads, despite the number of provisions that deal with authorising use. Section 136 defines the term class 2 heavy vehicles. The common characteristic of class 2 heavy vehicles is that even though they comply with mass and dimension requirements they are particularly large vehicles that, by virtue of their size, warrant restriction from a general right of access to roads under this Part. Class 2 heavy vehicles are defined as vehicles that comply with the mass requirements and dimension requirements applying to it and are either: • a B-double; • a road train (which includes B-triples); • a bus other than an articulated bus that is longer than 12.5m (often known as a controlled access bus); • a combination carrying vehicles on more than 1 deck that, together with its load is longer than 19m or higher than 4.3m; or Annexure 1 -- 121 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 118 Authorised by the Chief Parliamentary Counsel • a single motor vehicle, or a combination, that is higher than 4.3 m and is built to carry cattle, sheep, pigs or horses. Section 136 also deems a PBS vehicle to be a class 2 vehicle for the purpose of Chapter 4. This allows the access management system created under this Chapter (modified as necessary) to be applied to these vehicles so that they may be regulated using notices and permits. Division 2 Restriction Section 137 states that 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. The maximum penalty for non-compliance with this is $6000. This is the key restriction of Part 4.6. If a class 2 heavy vehicle does not have a class 2 heavy vehicle authorisation to use a particular road, it is not permitted to use that road. As stated in section 135, this is intended to protect public safety, road infrastructure and public amenity from adverse interference by particularly large heavy vehicles. Division 3 Authorisation by Commonwealth Gazette notice Section 138 empowers the Regulator, by Commonwealth Gazette notice complying with section 142, to authorise the use of all or stated categories of class 2 heavy vehicles in stated areas or on stated routes and during stated hours of stated days. These authorisations are referred to as class 2 heavy vehicle authorisation (notice). A class 2 heavy vehicle authorisation (notice) cannot be issued for a period of more than 5 years. Section 139 limits the power of the Regulator to grant a class 2 heavy vehicle authorisation (notice) by stating that such an authorisation must not be granted for a category of class 2 heavy vehicles unless all of the requirements mentioned in section 139 are met. Annexure 1 -- 122 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 119 Authorised by the Chief Parliamentary Counsel The requirements in section 139 are: • the Regulator is satisfied the use of class 2 heavy vehicles of that category of class 2 heavy vehicles on a road under the authorisation will not pose a significant risk to public safety; and • each relevant road manager for the exemption has consented to the grant of the class 2 heavy vehicle authorisation (notice); and • the Regulator is satisfied that all consents required for the authorisation under the law of the relevant jurisdiction have been obtained by the applicant or have been otherwise given; • the Regulator has had regard to the approved guidelines (defined in section 5 as guidelines approved by responsible Ministers under section 653) for granting class 2 heavy vehicle authorisations in making the decision whether to grant the class 2 heavy vehicle authorisation (notice). The requirement in subsection (1)(b) that each road manager consent to the grant or the issue of a mass dimension exemption (notice) ensures that all road managers affected by the granting of the authorisation have an opportunity to maintain control over the use of heavy vehicles on roads under their authority. This allows road managers to have regard to the impact of an authority on its road infrastructure and on public amenity. Section 140 specifies that a class 2 heavy vehicle authorisation (notice) may be subject to the condition that the driver of a class 2 heavy vehicle who is driving the vehicle under the authorisation must keep in their possession a copy of the Commonwealth Gazette notice for the authorisation or an information sheet about the authorisation published by the Regulator on the Regulator’s website. There is no broad authorisation for the Regulator to prescribe conditions applying to a class 2 heavy vehicle authorisation (notice) in section 140. Section 141 specifies when a class 2 heavy vehicle authorisation (notice) takes effect and for how long it applies for. It states that a class 2 heavy vehicle authorisation (notice) takes effect when the Commonwealth Gazette notice for the authorisation is Annexure 1 -- 123 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 120 Authorised by the Chief Parliamentary Counsel published or, if a later time is stated in the notice, at the later time. Section 141(b) confirms that the class 2 heavy vehicle authorisation (notice) applies for the period stated on the Commonwealth Gazette notice. However, this is limited by the requirement in section 138 that a class 2 heavy vehicle authorisation (notice) cannot be granted for a period of more than 5 years. Section 142 states the content requirements for the Commonwealth Gazette Notice required for a class 2 heavy vehicle authorisation (notice). A class 2 heavy vehicle authorisation (notice) is to be made by Commonwealth Gazette Notice as per section 142 in order to be a valid exemption. In addition, subsection (4) requires the regulator to publish a copy of the Commonwealth Gazette notice on the Regulator’s website. The requirements for a valid Commonwealth Gazette notice in relation to a mass or dimension exemption (notice)) are that the notice must state all of the following: • the categories of class 2 heavy vehicles the authorisation applies to. If it is to apply to all class 2 heavy vehicles it must state this and if it is to apply to particular category of class 2 heavy vehicles it must state the categories it applies to; and • the areas or routes to which the authorisation applies; and • the days and hours to which the authorisation applies; and • any conditions applying to class 2 heavy vehicles being used on a road under an authorisation; and • the period for which the exemption applies. Subsection (2) authorises the Commonwealth Gazette notice to state the areas or routes to which the authorisation applies by showing them on a stated map prepared by the Regulator. If the Regulator chooses to do this, the Regulator: • must ensure a copy of the map as in force from time to time is made available for inspection, without charge, during normal business hours at each office of the Regulator; Annexure 1 -- 124 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 121 Authorised by the Chief Parliamentary Counsel • must ensure a copy of the map as in force from time to time is published on the Regulator’s website; and • may amend this map provided that the amendment extends the areas or routes to which the authorisation applies. The Regulator cannot amend the map by reducing the area to which the authorisation applies. Division 4 Authorisation by permit Section 143 empowers the Regulator to authorise, by giving a permit as mentioned in section 148, a class 2 heavy vehicle for use in stated areas or on stated routes and during stated hours of stated days. Such an exemption is referred to as a class 2 heavy vehicle authorisation (permit) and this authorisation may apply to 1 or more heavy vehicles. A class 2 heavy vehicle authorisation (permit) must not be granted for a period of more than 3 years. A legislative note to section 143 indicates that Division 4, Part 4.7 should be read when considering the amendment, suspension or cancellation of a mass or dimension exemption (notice). Section 144 states that a person may apply to the Regulator for a class 2 heavy vehicle authorisation (permit). This application must be in the approved form and be accompanied by the relevant prescribed fee. The Regulator is empowered by section 144(3), by notice given to the applicant; to require the applicant to give the Regulator any additional information reasonably required to decide the application. Section 145 further limits the power of the Regulator to grant a class 2 heavy vehicle authorisation (permit) by stating that a class 2 heavy vehicle authorisation (permit) must not be granted for a category of class of heavy vehicles unless all of the requirements mentioned in subsections (1) and (2) are met. Annexure 1 -- 125 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 122 Authorised by the Chief Parliamentary Counsel The requirements in subsections (1) and (2) are: • the Regulator is satisfied the use of heavy vehicles of that category on a road under the authorisation will not pose a significant risk to public safety; • each relevant road manager for the exemption has consented to the grant of the class 2 heavy vehicle authorisation (permit); and • the Regulator is satisfied that all consents required for the authorisation under the law of the relevant jurisdiction have been obtained by the applicant or have been otherwise given; • the Regulator has had regard to the approved guidelines (defined in section 5 as guidelines approved by responsible Ministers under section 653) for class 2 heavy vehicle authorisations in making the decision whether to grant the class 2 heavy vehicle authorisation (permit) (section 145(2)). The requirement in subsection (1)(b) that each road manager consent to the grant of the issue of a class 2 heavy vehicle authorisation (permit) ensures that all road managers affected by the granting of the authorisation have an opportunity to maintain control over the use of heavy vehicles on roads under their authority. This allows road managers to have regard to the impact of an authorisation on its road infrastructure and the public amenity. Section 146 requires that a class 2 heavy vehicle authorisation (permit) 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 empowers the Regulator to subject the authorisation to any other conditions the Regulator considers appropriate. Section 147 states that a class 2 heavy vehicle authorisation (permit) applies for the period stated in the permit for the authorisation. This period may be less than the period sought by the applicant. However, section 143 continues to have the effect of ensuring that a class 2 heavy vehicle authorisation (permit) cannot be granted for a period of more than 3 years. Annexure 1 -- 126 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 123 Authorised by the Chief Parliamentary Counsel Section 148 requires the Regulator to give the applicant a permit stating particular information if the Regulator grants a class 2 heavy vehicle authorisation (permit). Subsection (1)(b) specifies that if the Regulator has imposed conditions on the permit or granted the authorisation for a period less than 3 years an information notice for these decisions must also be provided to the applicant. The information required to be included in a class 2 heavy vehicle authorisation (permit) is set out in subsection (2). This includes information about the name and address of the person to whom the permit is given, each class 2 heavy vehicle to which the authorisation applies, the areas and routes and days and hours to which the authorisation applies, the conditions that apply to the authorisation, and the period for which the authorisation applies. Section 149 requires the Regulator to give an information notice for the decision if the Regulator refuses an application for a class 2 heavy vehicle authorisation (permit). Division 5 Operating under class 2 heavy vehicle authorisation Section 150 creates an offence for a driver or operator of a heavy with a maximum penalty of $6000 where a vehicle being used on a road under a class 2 heavy vehicle authorisation contravenes a condition of the authorisation (apart from one referred to in section 151(1), relating to an obligation to carry a copy of a notice, or information about it, that has been published in the Commonwealth Gazette). Section 151 creates an offence for when a driver contravenes a condition of a class 2 heavy vehicle authorisation (notice) to keep a relevant document (the Commonwealth Gazette notice for the authorisation or an information sheet about the authorisation published by the Regulator on the Regulator’s website) whilst driving under the authorisation. Non-compliance has a maximum penalty of $3000 and the offence is committed by the driver of the vehicle and the relevant party for the driver. Annexure 1 -- 127 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 124 Authorised by the Chief Parliamentary Counsel For section 151, the relevant party for the driver is: • if the driver is employed, the employer of the driver; • if the driver is a self-employed driver, a prime contractor of the driver; and • if the driver is making a journey for the operator of a vehicle, an operator of the vehicle. Subsection (6) deals with a prosecution of a relevant party. It provides that: • Whether or not the driver has or will be proceeded against or convicted of the relevant offence is irrelevant. A decision not to prosecute or convict a driver under this section does not preclude the relevant party from being charged or convicted where the driver did not carry the relevant document. • Evidence a court has convicted the driver of the relevant offence is evidence that the offence happened at the time and place, and in the circumstances, stated in the charge resulting in the conviction. This is intended to facilitate proof of the relevant facts. • Details stated in an infringement notice issued for the relevant offence is evidence that the offence happened at the time and place, and in the circumstances, stated in the infringement notice. Subsections (4) and (5) state that when the relevant party is charged with an offence under this section that person does not have the benefit of the mistake of fact defence for the offence but that person does have the benefit of the reasonable steps defence. That defence is set out in Divisions 1 and 2 of Part 10.4. The reasonable steps defence requires that person charged must actively consider the appropriate steps to prevent an on-road breach from occurring and cannot rely on a honest and reasonable mistake alone. Section 152 creates a requirement for the driver of a class 2 heavy vehicle driving under a class 2 heavy vehicle authorisation (permit) to keep a copy of the permit for the authorisation in the driver’s possession whilst driving under the Annexure 1 -- 128 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 125 Authorised by the Chief Parliamentary Counsel authorisation. If this requirement is not complied with, an offence, with a maximum penalty of $3000, is committed by the driver of the vehicle and the relevant party for the driver. For section 152, the relevant party for the driver is: • if the driver is employed, the employer of the driver; • if the driver is a self-employed driver, a prime contractor of the driver; and • if the driver is making a journey for the operator of a vehicle, an operator of the vehicle. It is anticipated that to comply with the requirements of this section the relevant party will give a driver a copy of the permit that they have been issued by the Regulator. In such a situation, subsection (2) requires that when the driver stops working for the relevant party they must return a copy of the permit to the relevant party as soon as reasonably practicable. The maximum penalty for not complying with this requirement is $4000. Subsection (6) deals with a prosecution of a relevant party. It provides that: • Whether or not the driver has or will be proceeded against or convicted of the relevant offence is irrelevant. A decision not to prosecute or record a conviction against a driver under this section does not preclude the relevant party from being charged or convicted where the driver did not carry the relevant document. • Evidence a court has convicted the driver of the relevant offence is evidence that the offence happened at the time and place, and in the circumstances, stated in the charge resulting in the conviction. This is intended to facilitate proof of the relevant facts. • Details stated in an infringement notice issued for the relevant offence is evidence that the offence happened at the time and place, and in the circumstances, stated in the infringement notice Annexure 1 -- 129 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 126 Authorised by the Chief Parliamentary Counsel Subsections (4) to (5) state that when the relevant party is charged with an offence under this section that person does not have the benefit of the mistake of fact defence for the offence but that person does have the benefit of the reasonable steps defence. That defence is set out in Divisions 1 and 2 of Part 10.4. The reasonable steps defence requires that person charged must actively consider the appropriate steps to prevent an on-road breach from occurring and cannot rely on a honest and reasonable mistake alone. Section 153 is a new provision that requires a driver of a class 2 heavy vehicle that is a PBS vehicle to which a class 2 heavy vehicle authorisation applies to keep a copy of the PBS vehicle approval in their possession. The section extends liability for an offence by the driver under subsection (1) to an employer, or prime contractor or an operator of the vehicle. A person charged under this proposed section does not have the benefit of the mistake of fact defence for the offence but does have the benefit of the reasonable steps defence. Part 4.7 Particular provisions about mass or dimension authorities Division 1 Preliminary Section 154 provides definitions, for Part 4.7, of the terms road condition, route assessment, travel condition and vehicle condition. In this part, road condition means a condition directed at protecting road infrastructure; or preventing or minimising an adverse effect on public amenity, including, for example, preventing or minimising an adverse effect caused by noise, emissions and traffic congestion resulting from vehicle use of roads. Annexure 1 -- 130 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 127 Authorised by the Chief Parliamentary Counsel However, the definition of road condition 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 condition imposed in connection with a condition directed at these matters mentioned. A road condition is otherwise not intended to include conditions that require the installation of equipment or another thing to the heavy vehicle as it is the responsibility of the Regulator to impose conditions that relate to condition of the vehicle and its equipment. Road conditions are intended to allow road managers to specify conditions about the use of the heavy vehicles on their particular roads. In this part, 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. The term travel condition is required to expressly allow a mass or dimension authority to include conditions governing route and time of travel as requested by a relevant road manager. The term is intended to encompass conditions about which way a vehicle turns, as safe access to roads is in some cases subject to the heavy vehicle travelling in a specific direction or turning in a particular direction at an intersection. In this part, vehicle condition means a condition directed at ensuring a vehicle can operate safely on roads. Division 2 Obtaining consent of relevant road managers Section 155 states that 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. The relevant paragraphs in this Chapter that specifically require the Regulator to gain the consent of road managers prior to Annexure 1 -- 131 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 128 Authorised by the Chief Parliamentary Counsel granting a mass or dimension authority are sections 118(1)(b), 124(1)(b), 139(1)(b) and 145(1)(b). The terms road manager and mass or dimension authority are defined in section 5. Road manager is defined in section 5 as meaning, for a road in a participating jurisdiction, 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. Mass or dimension authority is defined in section 5 as meaning a mass or dimension exemption or a class 2 heavy vehicle authorisation. Section 156 states how long a road manager is permitted to make a decision to give consent to the grant of a mass or dimension authority; the circumstances in which the road manager may decide not to give consent and the obligation on a road manager to provide written reasons to the Regulator for a decision not to issue consent. Section 157 applies where an applicant for a mass or dimension exemption (permit) or class 2 heavy vehicle authorisation (permit) and consultation with another entity is required under a jurisdictional law. Subsection (2) requires the Regulator to notify the applicant of this requirement and advise the relevant road manager of the fact of this notification simultaneously. Section 158 applies where an applicant for a mass or dimension exemption (permit) or class 2 heavy vehicle authorisation (permit) and consultation with another entity is required under a jurisdictional law. It is intended to ensure that the actions required to be undertaken by the road manager to respond to the request for consent are completed as far as possible and not delayed on the basis of the requirement to undertake additional consultation with another entity. Subsection (3) provides that the consent provide by the road manager in this instance is conditional upon the completion of consultation with the other entity. Annexure 1 -- 132 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 129 Authorised by the Chief Parliamentary Counsel Subsection (4) outlines the obligations of the road manager where consultation is required but the road manager’s consent would be inoperative as a result of the actions of the other entity. Subsection (5) prevents the Regulator from granting a mass or dimension authority where the other entity has declined to provide its approval. Section 159 deals with the process undertaken when a road manager considers a route assessment is necessary for deciding whether to give or not to give the consent to a mass or dimension authority. Under this section the road manager is to notify the Regulator of certain matters listed in subsection (2) and requires the Regulator to notify the applicant of further matters listed in subsection (3). Subsection (4) prescribes the effect on the application for the period in which a fee required for a route assessment has not yet been paid by the applicant. Under subsection (5), the application lapses if the applicant does not pay a required fee for the route assessment within 28 days after the notification of requirement of the route assessment by the Regulator. This encourages prompt payment from applicants in such circumstances and allows the consent process to be conducted as efficiently as possible. Subsection (2) empowers the road manager to notify the Regulator of the requirement for the route assessment and the fee payable for the route assessment. Subsection (3) requires the Regulator to notify the applicant for the mass or dimension exemption (permit) or a class 2 heavy vehicle authorisation (permit) of the following: • that a route assessment is required for the road manager deciding whether to give or not to give the consent; • the fee payable (if any) for the route assessment under a law of the jurisdiction in which the road is situated; • 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; Annexure 1 -- 133 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 130 Authorised by the Chief Parliamentary Counsel • if, under section 158(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. Subsection (4) empowers the road manager to stop considering whether to give consent for a time period if a fee for a route assessment is required under a law of the jurisdiction where the road is situated and that fee has not been paid. The period between the day the applicant is given the notification of the requirement for route assessment by the Regulator 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. Subsection (5) states that an application for a mass or dimension exemption (permit) or a class 2 heavy vehicle authorisation (permit) will lapse if the fee is not paid within the 28 days or longer period agreed by the Regulator. Section 160 empowers a relevant road manager for a mass or dimension authority to consent to the grant of the authority subject to the condition that a stated road condition is imposed on the authority. When granting consent subject to a road condition the road manager must give the Regulator written reasons for their decision to do so. Unless the condition is in regard to a class 2 heavy vehicle authorisation (notice) the Regulator must impose the stated road condition on the mass or dimension authority. It should be noted that when the mass or dimension authority is granted by the Regulator subject to these conditions an information notice containing all of the information required under section 164 must be issued to the applicant. The term relevant road manager is defined in section 5 as meaning for a mass or dimension authority, a road manager for a road in the area, or on the route, to which the authority applies. Section 161 authorises a road manager for a mass or dimension authority to consent to the grant of the authority subject to the condition that a stated travel condition is imposed on the authority Annexure 1 -- 134 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 131 Authorised by the Chief Parliamentary Counsel Section 162 empowers a relevant road manager for a mass or dimension authority who gives consent to the grant of the authority to ask the Regulator to impose a stated vehicle condition on the authority. The Regulator must consider this request and must decide either to impose the stated vehicle condition on the authority (with or without modification) or not to impose the stated vehicle condition on the authority. Once a decision has been made, the Regulator must notify the relevant road manager of the decision. The term relevant road manager is defined in section 5 as meaning for a mass or dimension authority, a road manager for a road in the area, or on the route, to which the authority applies. Section 163 empowers the Regulator to ask a relevant road authority to consent to the grant of the mass or dimension authority when a road manager who is not the relevant road authority does not give consent to the grant of a mass or dimension authority or does give consent subject to what the Regulator believes are unnecessary conditions. The road authority must decide whether to give consent within 3 months of the request, or within a longer period of not more than 6 months if agreed by the Regulator. If the road authority responds to this request by granting the authority, the decision of the road authority is effectively treated as the decision of the road manager throughout this Bill. This makes it difficult for road managers who are not road authorities to frustrate the issuing of authorisation by means of unreasonably withholding appropriate consent. For this section, relevant road authority is defined by subsection (5) as the road authority for the participating jurisdiction in which the road for which the relevant road manager is a road manager is situated. Section 5 defines the term road authority so as to make it clear that there is to be only 1 such authority for each participating jurisdiction. Annexure 1 -- 135 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 132 Authorised by the Chief Parliamentary Counsel Section 164 requires certain information (listed in subsection (2)) to be included in the information notice provided to the applicant regarding the decision to grant a mass or dimension authority when a road manager has granted consent with the imposition of a road condition. The information required to be included in the information notice in subsection (2) is: • all information required for the information notice by other sections of the Law; and • that the road manager consented to the mass or dimension authority on the condition that the road condition is imposed on the authority; and • a written statement that explains the road manager's decision that complies with the requirements set out in section 172; and • the review and appeal information for the road manager’s decision to give the consent on the condition that the road condition be imposed on the authority. Section 165 sets out the minimum contents of an information notice where the Regulator grants a mass or dimension authority by giving a person a permit and the authority is subject to a travel condition required by a relevant road manager. This is a consequence of the inclusion of the conditioning power provided in section 161. Section 166 states that when 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, the information notice for the decision to refuse the application given to the applicant by the Regulator must state the information in subsection (2) regarding the refusal of consent. Annexure 1 -- 136 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 133 Authorised by the Chief Parliamentary Counsel The required information that the information notice provided by the Regulator must state under section 166 is: • all information required for the information notice by other sections of the Law; and • that the road manager has refused to consent to the mass or dimension authority; and • a written statement that explains the road manager's decision that complies with the requirements set out in section 172; and • the review and appeal information for the road manager’s decision to refuse to give the consent. The definition of review and appeal information for a road manager’s decision is provided in section 5. Section 167 establishes an expedited process for the renewal of certain mass and dimension authorities. The circumstances in which the process is available are set out in subsection (1). The circumstances in which the process is inapplicable or ceases to apply are set out in subsection (2). These circumstances include material differences between the terms of the previous authority and the terms of the proposed replacement authority, an objection to the application by the road manager within the specified time limit, or the operation of a law of the jurisdiction that requires consultation with third parties before the grant of the proposed replacement authority, This proposed section formalises best practice in a number if jurisdictions. The institution of this process is intended to provide productivity benefits by minimising the time required for the granting of consent as the road manager has previously consented to a grant of a mass or dimension authority in similar circumstances and the Regulator proposes to issue a replacement authority on the same conditions as the original authority. Subsection (3) provides that the consent of the relevant road manager must be deemed to have been granted on the same terms as the consent for the previous authority unless the road Annexure 1 -- 137 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 134 Authorised by the Chief Parliamentary Counsel manager refuses consent, or lodges a notice of objection within the time limits specified in subsection (2). Section 168 suspends the operations of sections 156 to 166 while a proposed replacement authority is being dealt with under the expedited procedure under section 167. Section 169 authorises a relevant road manager to consent to grant of a mass or dimension authority for a trial period of no more than 3 months. Subsection (3) provides that the trial can be undertaken only if all relevant road managers require that the access be trialled. The purpose of the time restriction is to encourage road managers to consent to future access once the impact of the access during the trial has been assessed. Section 170 provides that the Regulator must, one month before the end of a trial initiated under section 169, notify the relevant road managers that the trial is due to end and will automatically be re-granted by the Regulator unless a road manager advises the trial must end. If there is no written objection from road managers, the Regulator must renew the trial access on the same terms and conditions. If there is a response to end the trial, the Regulator must not renew the trial access. Instead, the normal process for granting access for a vehicle and operation of the type contemplated must be followed. Section 171 applies at the granting or renewal of a mass or dimension authority under sections 169 or 170 respectively. Subsection (2) provides that, 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. Subsection (3) provides that, in the case of a mass or dimension exemption (notice) or a class 2 heavy vehicle authorisation (notice), then, despite sections 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. This allows for the management of trials through notices and the broader productivity benefits this more efficient process can provide. Annexure 1 -- 138 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 135 Authorised by the Chief Parliamentary Counsel Section 172 inserts a new section that sets out the minimum requirements to be contained in a written statement required to be issued for various decisions by road managers in relation to applications for mass or dimension authorities under Chapter 4. Subsection (2)(a) provides that the road manager must include in the notice its findings on material questions of fact, the evidence or other material on which those findings were based and giving the reasons for the road manager’s decision. Subsection (2)(b) requires the road manager to identify each document or part of a document that is relevant to the road manager’s decision (without automatically requiring the production of the documents themselves). Division 3 Amendment, cancellation or suspension of mass or dimension authority granted by Commonwealth Gazette notice Section 173 empowers the Regulator to amend or cancel a mass or dimension authority granted by Commonwealth Gazette notice at the Regulator’s initiative when the Regulator is satisfied that the use of heavy vehicles on a road under the mass or dimension authority has caused, or is likely to cause, a significant risk to public safety; and the requirements outlined in subsections (3) to (5) are complied with. The intent of the requirements of this section is to ensure transparency in the amending and cancelling of mass and dimension authorities. This is achieved by requiring adequate notice to be given to those affected by an amendment or cancellation and by ensuring possible adverse consequences of such action are able to be presented to the Regulator throughout the decision making process for consideration. An additional benefit of this section is in allowing to those who may be adversely affected by a decision time in which to adjust their business practices. Annexure 1 -- 139 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 136 Authorised by the Chief Parliamentary Counsel The requirements in subsections (3) to (5) are: • The Regulator must publish a notice in the Commonwealth Gazette, a newspaper circulating generally throughout each participating jurisdiction and on the Regulator’s website stating the intent, grounds and reasons for the action to be taken. This notice must also invite 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 (subsection (3)). • The Regulator must consider all representations made in response to the invitation issued in the Commonwealth Gazette Notice prior to making the final decision to amend or cancel the mass or dimension authority (subsection (3)). • If the action proposed in the Commonwealth Gazette notice made under subsection (3) was to amend the exemption, the Regulator may only amend the exemption in a way that it is not substantially different from the proposed action, this may include amending areas, routes, days or hours to which the authority applies or by imposing additional conditions to the exemption. • If the action proposed in the Commonwealth Gazette notice made under subsection (3) was to cancel the exemption the Regulator may cancel the exemption or amend the exemption. • The Regulator must publish notice of the amendment or cancellation in the Commonwealth Gazette, a newspaper circulating generally throughout each relevant participating jurisdiction, on the Regulator’s website and in any other newspaper the Regulator considers appropriate. Subsection (7) states that in this section relevant participating jurisdiction, for a mass or dimension authority, means a participating jurisdiction in which the whole or part of an area or route to which the authority applies is situated. Annexure 1 -- 140 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 137 Authorised by the Chief Parliamentary Counsel Under this section the amendment or cancellation to a vehicle standards exemption (notice) takes effect either 28 days after the publishing of the Commonwealth Gazette notice notifying of the amendment or cancellation or the time stated in that Commonwealth Gazette notice; whichever is the later. Section 174 empowers a relevant road manager for a mass or dimension authority granted by Commonwealth gazette notice to ask the Regulator to amend the mass or dimension authority or cancel the authority if the road manager is satisfied the use of heavy vehicle on a road under the authority has caused, or is likely to cause, damage to road infrastructure; or has had, or is likely to have, an adverse effect on public amenity. If a road manager makes a request under this section to amend or cancel the mass or dimension authority the Regulator must comply with the request unless consent to the grant of the mass or dimension authority was given by a road authority under section 163. If the Regulator does amend or cancel a mass or dimension authority under section 174, notice of an amendment must be published in the Commonwealth Gazette, a newspaper circulating generally throughout each relevant participating jurisdiction, on the Regulator’s website and in any other newspaper the Regulator considers appropriate. The intent of this section is to provide for the revocation or amendment of consent given by the road manager after the mass or dimension authority has been granted. Subsection (4) outlines the responsibilities upon the Regulator if a road manager makes a request to amend or cancel the mass or dimension authority in the situation where consent was obtained from a road authority under section 163. In such a situation: • the Regulator may refer the request to the road authority; and • if the road authority gives the Regulator its written approval of the request, the Regulator must comply with the request; and Annexure 1 -- 141 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 138 Authorised by the Chief Parliamentary Counsel • 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 must not comply with the request; and 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. Subsection (7) states that in this section relevant participating jurisdiction, for a mass or dimension authority, means a participating jurisdiction in which the whole or part of an area or route to which the authority applies is situated. Section 175 provides the Regulator power to immediately respond to any actual or potential serious harm to public safety or significant damage to road infrastructure that may arise by suspending any mass or dimension authority it believes necessary to prevent or minimise it. Section 175 empowers the Regulator to immediately suspend a mass or dimension authority granted by Commonwealth Gazette notice if the Regulator reasonably believes it necessary to prevent or minimise serious harm to public safety or significant damage to road infrastructure. Section 175 requires a notice for immediate suspension and specifies the time period for which the suspension is in force. Immediate suspension must be done by way of an immediate suspension notice being published in the Commonwealth Gazette, a newspaper circulating generally throughout each relevant participating jurisdiction, on the Regulator’s website and in any other newspaper the Regulator considers appropriate. An immediate suspension issued by the Regulator is in force from when the immediate suspension notice is published in the Commonwealth Gazette and remains in force until a notice to alter or cancel the exemption or authority takes effect. Subsection (5) states that this section applies despite sections 173 and 174. This ensures that the Regulator always maintains the power to affect the immediate suspension of a mass or dimension authority in situations where a risk of serious harm to public safety arises despite the usual procedural Annexure 1 -- 142 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 139 Authorised by the Chief Parliamentary Counsel requirements concerning the amendment or the cancellation of the authority. Division 4 Amendment, cancellation or suspension of mass or dimension authority granted by permit Section 176 empowers the holder of a permit for a mass or dimension authority to apply to the Regulator for an amendment or cancellation of the exemption. This application must be in the approved form, be accompanied by the permit and, if for an amendment, state clearly the amendment sought and the reasons for it. The Regulator must decide this application as soon as practicable after receiving it. The Regulator is empowered by subsection (3) to require, by notice, any additional information from the applicant that is reasonably required to decide the application. Subsection (4) requires the Regulator to seek the consent of the relevant road manager unless the amendment of the mass or dimension authority seeks to omit an area or route or reducing an area or route in size. The Regulator must give notice to the applicant of all decisions made in respect to this application. If granted, the amendment or cancellation takes effect when notice of the decision is given to the applicant or, if a later time is stated in the notice, at that time. If the authority has been amended, the Regulator must give the applicant a replacement permit for the authority as amended. If the Regulator decides not to amend or cancel the authority sought by the applicant, subsection (6) requires the Regulator to give the applicant an information notice for the decision and return the permit for the authority to the applicant. Section 177 empowers the Regulator to amend or cancel a permit for a mass or dimension authority at the Regulator’s initiative if the Regulator considers one or more of the grounds Annexure 1 -- 143 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 140 Authorised by the Chief Parliamentary Counsel mentioned in subsection (1) exists and the requirements of subsections (2) to (4) are met. The grounds for amending or cancelling a mass or dimension authority granted by permit are the authority was obtained by false or misleading documents or representations, the authority was obtained or made in an improper way, the holder of the permit has contravened a condition of the authority, or the use of the heavy vehicles on a road under the authority has caused, or is likely to cause, a significant risk to public safety. The requirements in subsections (2) to (4) are: • The Regulator must give to the holder of the permit a notice stating the intent, grounds and reasons for the action to be taken. This notice must also invite the holder of the permit to make, within a stated time of at least 14 days after notice is given, written representations about why the proposed action should not be taken. • The Regulator must consider all representations made in response to the invitation prior to making the final decision to amend or cancel the permit. • If the action proposed in the notice was to amend the exemption, the Regulator may only amend the permit in a way that it is not substantially different from the proposed action, this may include amending areas, routes, days or hours to which the authority applies or by imposing additional vehicle conditions to the exemption. • If the action proposed in the notice was to cancel the permit the Regulator may cancel the exemption or amend the exemption. • The Regulator provide an information notice to the holder of the permit for the decision. Under this section the amendment or cancellation to permit takes effect when the information notice is provided to the holder or if a later time is stated in the information notice, at the later time. Annexure 1 -- 144 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 141 Authorised by the Chief Parliamentary Counsel The intent of the requirements of this section is to ensure transparency in the amending and cancelling of mass and dimension authorities. This is achieved by requiring adequate notice to be given to those affected by an amendment or cancellation and that possible adverse consequences of such action are able to be presented to the Regulator throughout the decision making process for consideration. An additional benefit of this section is in allowing to those who may be adversely affected by a decision time in which to adjust their business practices. Section 178 provides for the revocation or amendment of consent given by the road manager after the mass or dimension authority has been granted. Section 178 empowers a relevant road manager for a mass or dimension authority granted by permit to ask the Regulator to amend the mass or dimension authority or cancel the authority if the road manager is satisfied the use of heavy vehicle on a road under the authority: has caused, or is likely to cause, damage to road infrastructure; or has had, or is likely to have, an adverse effect on public amenity. If a road manager makes such a request to amend or cancel the authority the Regulator must comply with the request unless consent to the grant of the mass or dimension authority was given by a road authority under section 163. If the Regulator does amend or cancel a mass or dimension authority under this section, the Regulator must give the holder of the permit for the authority notice of the amendment at least 28 days prior to the amendment or cancellation taking effect. This notice must state the day the amendment or cancellation is to take effect; the reasons given by the road manager for the amendment or cancellation; and the review and appeal information for the road manager’s decision. Subsection (4) outlines the responsibilities upon the Regulator if a road manager makes a request to amend or cancel the mass or dimension authority in the situation where consent was obtained from a road authority under section 140. In such a situation: Annexure 1 -- 145 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 142 Authorised by the Chief Parliamentary Counsel • the Regulator may refer the request to the road authority; and • if the road authority gives the Regulator its written approval of the request, the Regulator must comply with the request; and • 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 must not comply with the request; and 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. Section 179 empowers the Regulator to immediately suspend a mass or dimension authority granted by permit if the Regulator reasonably believes it necessary to prevent or minimise serious harm to public safety or significant damage to road infrastructure. Section 149 intends to provide the Regulator power to immediately respond to any actual or potential serious harm to public safety or significant damage to road infrastructure that may arise by suspending any mass or dimension authority it believes necessary to prevent or minimise it. Section 179 requires a notice for immediate suspension and specifies the time period for which the suspension is in force. Immediate suspension must be done by way of issuing a notice (termed an immediate suspension notice) to the person to whom the permit was given. An immediate suspension issued by the Regulator is in force from when the immediate suspension notice is given to the person to whom the permit was given and remains in force until a notice to alter or cancel the authority takes effect. Subsection (5) states that this section applies despite sections 176, 177 and 178. This ensures that the Regulator always maintains the power to effect the immediate suspension of a mass or dimension authority in situations where a risk of serious harm to public safety arises despite any proceedings that may be ongoing concerning the amendment or the cancellation of the authority. Annexure 1 -- 146 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 143 Authorised by the Chief Parliamentary Counsel Section 180 empowers the Regulator to, by notice given to the holder of a permit for a mass or dimension authority, make minor amendments to the authority. Under this section, an amendment is considered minor if it is for a formal or clerical reason or in another way that does not adversely affect the holder’s interest. Division 5 Provisions about permits for mass or dimension authorities Section 181 empowers the Regulator to require, by notice, a person to return a permit for a mass or dimension authority granted by giving a permit to the person if it has been amended or cancelled. However, regardless of whether the Regulator requires the return of an amended or cancelled permit, subsection (4) states that the Regulator must give the person a replacement permit for the authority when amended. Section 181(3) requires a person issued with a notice under this section to return a permit to comply with that notice to within 7 days or with a longer period if that longer period is stated on the notice. The maximum penalty for non-compliance with this notice is $4000. Section 182 requires a person to apply for a replacement mass or dimension authority permit as soon as practicable after becoming aware that their mass or dimension authority permit is defaced, destroyed lost or stolen. The maximum penalty for a person not doing so is $4000. 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. The only valid reason why the Regulator could refuse the application for a replacement permit is if the Regulator is not satisfied that the permit has been defaced, destroyed, lost or stolen. If the Regulator does refuse the application for a replacement permit the Regulator must give the person an information notice for the decision. Annexure 1 -- 147 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 144 Authorised by the Chief Parliamentary Counsel Part 4.8 Extended liability Section 183 extends chain of responsibility for certain offences against section 96 (contravention of a mass requirement applying to a heavy vehicle); section 102 (contravention of a dimension requirement applying to a heavy vehicle) and section 111 (contravention of a loading requirement applying to a heavy vehicle). For all of these offences if a driver commits an offence each of the following persons is also taken to have committed the offence: • an employer of the driver if the driver is an employed driver; • a prime contractor of the driver if the driver is a self- employed driver; • an operator of the vehicle or, if it is a combination, an operator of a vehicle in the combination; • a consignor of any goods for road transport using the vehicle that are in the vehicle; • a packer of any goods in the vehicle; • a loading manager of any goods in the vehicle; and • a loader of any goods in the vehicle. The maximum penalty for anyone in the chain of responsibility identified in this section is the penalty for the contravention of the provision by the driver of the heavy vehicle. Subsection (4) states that in a proceeding for an offence under this section: • Whether or not the driver has or will be proceeded against for or convicted of an offence against section 96, 102 or 111 is irrelevant. A decision not to prosecute or convict a driver under this section does not preclude the relevant party from being proceeded against or convicted. • Evidence a court has convicted the driver of the relevant offence against section 96, 102 or 111 or the driver has paid an infringement penalty in respect of it is evidence that the offence happened at the time and place, and in the circumstances, stated in the charge resulting in the Annexure 1 -- 148 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 145 Authorised by the Chief Parliamentary Counsel conviction. This is intended to facilitate proof of the relevant facts A person charged with an offence under this section does not have the benefit of the mistake of fact defence for the offence. However, in a proceeding for an offence under this section the person does have the benefit of the reasonable steps defence for the offence. That defence is set out in Divisions 1 and 2 of Part 10.4. The reasonable steps defence requires that the person charged must actively consider the appropriate steps to prevent an on-road breach from occurring and cannot rely on a honest and reasonable mistake alone. Part 4.9 Other offences Division 1 Towing restriction Section 184 creates an offence where a person drives a heavy motor vehicle towing more than 1 other vehicle. The maximum penalty for this offence is $3000. This section does not apply to a person driving a heavy vehicle under a mass or dimension authority, which includes vehicles such as B-doubles and road trains or in circumstances prescribed by the national regulations. Division 2 Coupling requirements Section 185 creates offences, both with a maximum penalty of $6000, where: • A person uses, or permits to be used, on a road a heavy combination and a trailer in the combination is not securely coupled to the vehicle in front of it; and • A person uses, or permits to be used, on a road a heavy combination and the components of a coupling used between vehicles in the heavy combination are not compatible with, or properly connected to, each other. In this section, coupling means a device used to couple a vehicle in a combination to the vehicle in front of it. Annexure 1 -- 149 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 146 Authorised by the Chief Parliamentary Counsel Division 3 Transport documentation Section 186 states that, 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, an offence is committed if the transport documentation (defined in section 5) in so far as it relates to the mass, dimension or loading of any or all of the goods is false or misleading in a material particular. The maximum penalty for the offence committed is $10000. The persons who commit an offence under this section are: • Each consignor of the goods (consign and consignor are defined in section 5); and • If the goods are packed in Australia in a freight container or other container, or in a package or on a pallet, for road transport, each packer of the goods (pack and packer are defined in section 5); and • If the goods are loaded onto a heavy vehicle for road transport, each loading manager or loader of the goods (load and loading manager are defined in section 5); and • If the goods are packed outside Australia in a freight container, or in a package or on a pallet, for road transport, each receiver of the goods in Australia (Section 186(9) defines receiver of goods in Australia for this section). A person charged with an offence under this section does not have the benefit of the mistake of fact defence for the offence. However, in a proceeding for an offence under this section the person does have the benefit of the reasonable steps defence for the offence. That defence is set out in Divisions 1 and 2 of Part 10.4. The reasonable steps defence requires that the person charged must actively consider the appropriate steps to prevent an on-road breach from occurring and cannot rely on a honest and reasonable mistake alone. Section 187 states that, if a freight container is to be transported by road using a heavy vehicle, the responsible entity for the freight container commits an offence if the container weight declaration for the container contains information that is false or misleading in a material particular. The maximum penalty for an Annexure 1 -- 150 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 147 Authorised by the Chief Parliamentary Counsel offence under this section is $10000. Subsection (4) states that, 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. Section 5 defines container weight declaration and freight container and responsible entity for a freight container. A person charged with an offence under this section does not have the benefit of the mistake of fact defence for the offence. However, in a proceeding for an offence under this section the person does have the benefit of the reasonable steps defence for the offence. That defence is set out in Divisions 1 and 2 of Part 10.4. The reasonable steps defence requires that the person charged must actively consider the appropriate steps to prevent an on-road breach from occurring and cannot rely on a honest and reasonable mistake alone. Division 4 Other offences about container weight declarations Section 188 states that 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. The term freight container is defined in section 5 as a re-usable container of a kind mentioned in Australian Standard AS 3711.1 that is designed for repeated use for transporting goods; or a re-usable container of the same or a similar design and construction to such a container though of different dimensions. Section 189 defines the term complying container weight declaration. This term is an important term throughout the provisions of this Division. This section recognises that not all container weight declarations will be complying container weight declarations. The requirements for a complying container weight declaration ensures that container weight declarations contain important identification information for the container that is easily interpreted and readily accessible should it be required by an authorised officer. Annexure 1 -- 151 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 148 Authorised by the Chief Parliamentary Counsel This section states that a container weight declaration for a freight container is a complying container weight declaration if: • it contains the following additional information— (i) the number and other particulars of the freight container necessary to identify the container; and (ii) the name and residential address or business address in Australia of the responsible entity for the freight container; and (iii) the date the container weight declaration is made; and • it is written and easily legible; and • 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 (i) examining documents located in the heavy vehicle on which the freight container is loaded or to be loaded; or (ii) obtaining the information by radio or mobile telephone or by other means. Section 190 states that a responsible entity must not permit a driver or operator to transport a freight container without providing the driver or operator with a complying weight declaration. A maximum penalty of $6000 applies. The term responsible entity is defined in section 5 to mean the consignor of the container (if consigned in Australia) or (if not so consigned) the manager for the consignor of the road transport of the container. Subsections (2) and (3) deal with defences to prosecutions, excluding the mistake of facts defence but providing the reasonable steps defence. The reasonable steps defence requires that the person charged must actively consider the appropriate steps to prevent an on-road breach from occurring and cannot rely on a honest and reasonable mistake alone. Annexure 1 -- 152 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 149 Authorised by the Chief Parliamentary Counsel Section 5 defines a responsible entity for a freight container as a person who in Australia consigned the container for road transport using a heavy vehicle or if there is no such person, the person who in Australia arranged for the container’s road transport using a heavy vehicle, or if there is still no such person, the person who in Australia physically offered the container for road transport using a heavy vehicle. Section 191 states that it is an offence for a heavy vehicle operator to permit the vehicle’s driver to transport a freight container by road using the vehicle unless the driver has been provided with a complying container weight declaration for the freight container. Subsection (3) states that a heavy vehicle operator must not give a freight container to a carrier (who transports the container by a means other than by road) without a complying container weight declaration or the prescribed particulars contained in a complying container weight declaration for the freight container. Noncompliance for either offence in section 191 has a maximum penalty of $6000. Subsection (2) states that if the driver of the 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 committed the offence against subsection (1) unless the operator proves that the driver was provided with the declaration before the driver started transporting the freight container. A person charged with either offence under this section does not have the benefit of the mistake of fact defence for the offence. However, in a proceeding for an offence under this section the person does have the benefit of the reasonable steps defence for the offence. That defence is set out in Divisions 1 and 2 of Part 10.4. The reasonable steps defence requires that the person charged must actively consider the appropriate steps to prevent an on-road breach from occurring and cannot rely on a honest and reasonable mistake alone. Annexure 1 -- 153 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 150 Authorised by the Chief Parliamentary Counsel Section 192 states that an offence is committed by a driver of a heavy vehicle loaded with a freight container on a road where the driver does not have a complying container weight declaration for the container. The maximum penalty is $6000. Subsection (2) states that an offence is committed by a driver of a heavy vehicle loaded with a freight container who does not keep the complying container weight declaration in or about the vehicle and in a way that enables the information in the declaration to be readily available to an authorised officer who seeks to ascertain it while in the presence of the freight container. The maximum penalty is $3000. A person charged with either offence under this section does not have the benefit of the mistake of fact defence for the offence. However, in a proceeding for an offence under this section the person does have the benefit of the reasonable steps defence for the offence. That defence is set out in Divisions 1 and 2 of Part 10.4. The reasonable steps defence requires that the person charged must actively consider the appropriate steps to prevent an on-road breach from occurring and cannot rely on a honest and reasonable mistake alone. Division 5 Other offences Section 193 states that when the weight of a freight container, containing goods consigned for road transport, exceeds the maximum gross weight marked on the container or the container’s safety approval plate, the consignor or packer of the goods commits an offence with a maximum penalty of $10000. Subsection (5) defines safety approval plate for a freight container as 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. A person charged with either offence under this section does not have the benefit of the mistake of fact defence for the offence. However, in a proceeding for an offence under this section the person does have the benefit of the reasonable steps defence for Annexure 1 -- 154 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 151 Authorised by the Chief Parliamentary Counsel the offence. That defence is set out in Divisions 1 and 2 of Part 10.4. The reasonable steps defence requires that the person charged must actively consider the appropriate steps to prevent an on-road breach from occurring and cannot rely on a honest and reasonable mistake alone. Section 194 allows a consignee whose act or omission results, or is likely to result, in inducing or rewarding a contravention of a mass, dimension or loading requirement and they intend or are reckless or negligent as to whether or not that result happens) commits an offence for which a maximum penalty of $10000 applies. Subsection (2) provides that the consignee is taken to have intended the result if the container weight declaration was not given or was false or misleading in a material particular in circumstances where the consignee knew or ought reasonably to have known that a container weight declaration for the container was not given as required by the Law or that the container weight declaration given for the container contained information about the weight of the container and its contents that was false or misleading in a material particular. Part 4.10 Other provisions Section 195 provides the basis for determining which mass requirement is to prevail in the case of conflicting requirements. In that case, the lower or lowest of the applicable limits applies. This section confirms that compliance with all mass and dimension requirements relevant to a heavy vehicle, including a combination, is required. For example, if the mass requirements for the individual axle groups making up a heavy vehicle exceed the mass requirement for the vehicle as a whole then the later mass requirement must be complied with. Section 196 provides the basis for determining which dimension requirement is to prevail in the case of conflicting requirements. For example, a vehicle may be exempted from a prescribed dimension requirement through a dimension exemption. The same vehicle may be subject to a temporary restriction imposed through an official traffic sign. Subsection (2) requires Annexure 1 -- 155 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 152 Authorised by the Chief Parliamentary Counsel the more or most (if there are two or more such requirements) restrictive of these to be applied in determining what are the relevant dimension requirements. The section necessarily departs from the approach taken in respect to mass limits in section 195 in specifying that is the more or most ‘restrictive’ limit that applies, rather than the ‘shortest’ or ‘lowest’ requirement on the basis that in some (likely limited) circumstances the requirement imposed on the vehicle and intended to be applied may be longer than another requirement. For example a prescribed dimension requirement may establish that a heavy vehicle is compliant if the distance between two axle groups is more than 2.5 meters while a mass and dimension exemption may require the same distance to be more than 3 meters, in which case the 3 meter requirement is the most restrictive and the prescribed dimension requirement should be disregarded Section 197 empowers the Regulator to exempt a heavy vehicle, or the driver or operator of a heavy vehicle, from a prescribed requirement (a mass or dimension requirement or any requirement under mass or dimension authorities granted under Parts 4.5 or 4.6) to allow the heavy vehicle to be used in a particular way to assist in an emergency. The Regulator must be satisfied of certain matters, including that there will not be an unreasonable danger to other road users and that heavy vehicle is being used, or is intended to be used, in an emergency to protect life or property or to restore communications or the supply of services such as energy, water or similar services. Subsection (3) requires that if the exemption is granted orally that the Regulator must as soon as practicable make a written record of the exemption and any conditions to which it is subject and give a copy of that record to the operator of the heavy vehicle to which it relates. Subsection (5) imposes an obligation on the Regulator to notify the relevant road authority of the grant of an exemption under subsection (1) as soon as practicable after it is granted. Annexure 1 -- 156 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 153 Authorised by the Chief Parliamentary Counsel Section 198 grants a right of recovery for a loss to a person occurring because a 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. A person who has incurred a loss as a result of the delay resulting from the failure to provide the container weight declaration and the need to obtain a container weight declaration before transporting the container is entitled to compensation. The person who incurs a loss may recover the loss from the responsible entity for the freight container in a court of competent jurisdiction. Section 5 defines responsible entity for a freight container. Losses that may be recovered under this section include: • loss incurred from delays in the delivery of the freight container, any of its contents, or any other goods; • loss incurred from the damage to or spoliation of anything contained in the freight container; • loss incurred from providing another heavy vehicle, and loss incurred from delays arising from providing another heavy vehicle; or • costs or expenses incurred for weighing the freight container or any of its contents. Unlike section 199 there is no reference to losses incurred from fines or other penalties as the driver and operator of the vehicle should not be allowing the freight container to be transported by road until a complying container weight declaration is obtained. Section 199 grants a right of recovery for loss to a person who has incurred a loss because: • 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 • the declaration contains information that is false or misleading in a material particular because it either understates the weight of the container; or otherwise indicates Annexure 1 -- 157 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 154 Authorised by the Chief Parliamentary Counsel the weight of the container is lower than its actual weight; and • 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 • at the relevant time, the operator or driver either had a reasonable belief the vehicle was not in contravention of the mass requirement; or 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. If a loss of the kind mentioned above is incurred, section 199 states that the person incurring this loss has a right to recover that loss from the responsible entity in a court of competent jurisdiction. Losses that may be recovered under this section include: • the amount of a fine or other penalty imposed on the plaintiff for an offence against this Bill; • the amount of a fine or other penalty imposed on an employee or agent of the plaintiff for an offence against this Bill and reimbursed by the plaintiff; • loss incurred from delays in the delivery of the freight container, any of its contents, or any other goods; • loss incurred from the damage to or spoliation of anything contained in the freight container; • loss incurred from providing another heavy vehicle, and loss incurred from delays arising from providing another heavy vehicle; and • costs or expenses incurred for weighing the freight container or any of its contents. There is no limit on the amount of loss that is able to be recovered from the responsible entity for the freight container in this section. However, section 201 states that the court may assess the monetary value of a loss recoverable in the way it considers appropriate. Section 201 also provides that the court Annexure 1 -- 158 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 155 Authorised by the Chief Parliamentary Counsel may have regard to the matters it considers appropriate in making this assessment. Section 201 provides that the court may have regard to the matters it considers appropriate in making this assessment. Section 200 grants a right of recovery to responsible entities that have proceedings initiated against them under section 199 in respect of the whole or part of the amount that they are required to pay against a person, called an information provider, who provided the responsible entity with all or part of the false or misleading information that led to the proceeding under section 199. Subsection (3) provides that the responsible entity may enforce their right to recover under subsection (2) by either joining the information provider to a recovery proceeding that has not been decided or by bringing a proceeding in a court of competent jurisdiction. Section 201 empowers the court to assess the monetary value recoverable under the recovery sections of this division (sections 198; 199 and 200). In making this assessment section 201 empowers the court to have regard to matters it considers appropriate, including any evidence adduced in a proceeding for an offence against this Law. Chapter 5 Vehicle operations— speeding Part 5.1 Preliminary Section 202 states that the main purpose of Chapter 5 is to improve public safety and compliance with Australian road laws by imposing responsibility for speeding by heavy vehicles on persons whose business activities influence the conduct of the drivers of heavy vehicles. Annexure 1 -- 159 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 156 Authorised by the Chief Parliamentary Counsel Section 203 states that Chapter 5 requires: • persons who are most directly responsible for the use of a heavy vehicle to take reasonable steps to ensure their activities do not cause the vehicle’s driver to exceed speed limits; and • anyone who schedules the activities of a heavy vehicle, or its driver, to take reasonable steps to ensure the schedule for the vehicle’s driver does not cause the driver to exceed speed limits; and • loading managers to take reasonable steps to ensure the arrangements for loading goods onto and unloading goods from a heavy vehicle do not cause the vehicle’s driver to exceed speed limits; and • particular persons who consign goods for transport by a heavy vehicle, or who receive the goods, to take reasonable steps to ensure the terms of consignment of the goods do not cause the vehicle’s driver to exceed speed limits; and • prohibits anyone from asking the driver of a heavy vehicle to exceed speed limits and from entering into an agreement that causes the driver of a heavy vehicle to exceed speed limits. Moreover, this Chapter imposes liability on persons who are most directly responsible for the use of a heavy vehicle for offences committed by the vehicle’s driver exceeding speed limits Part 5.2 Particular duties and offences Division 1 Employers, prime contractors and operators Section 204 requires that a ‘relevant party’ for the driver of a heavy vehicle must take all reasonable steps to ensure that the relevant party’s business practices will not cause the driver to Annexure 1 -- 160 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 157 Authorised by the Chief Parliamentary Counsel exceed a speed limit applying to the driver. The maximum penalty for not complying with this requirement is $10000. It should be noted that, because of the operation of section 218 for an offence against this provision it is not necessary to prove the driver of the heavy vehicle exceeded a speed limit applying to the driver. For this section, the relevant party for the driver includes: • if the driver is employed, the employer of the driver; • if the driver is a self-employed driver, a prime contractor of the driver; and • if the driver is making a journey for the operator of a vehicle, an operator of the vehicle. For this section, business practices of a relevant party means the practices of the relevant party in running the relevant party’s business and includes the operating policies and procedures of the business; the human resource and contract management arrangements of the business; and arrangements for managing safety. Notes to subsection (1) indicate that sections 622 and 623 should be considered in deciding whether a person has taken all reasonable steps. A person charged with an offence under this section does not have the benefit of the mistake of fact defence for this offence. Section 205 imposes an obligation on an employer not to cause an employed driver to drive a heavy vehicle unless the employer has complied with section 204 and is reasonably satisfied that each scheduler for the vehicle has complied with that scheduler’s obligations. A maximum penalty of $4000 applies to the offence of contravening this provision. It should be noted that, because of the operation of section 218, for an offence against this provision it is not necessary to prove the driver of the heavy vehicle exceeded a speed limit applying to the driver. Annexure 1 -- 161 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 158 Authorised by the Chief Parliamentary Counsel A person charged with an offence under this section does not have the benefit of the mistake of fact defence for this offence. This section encourages employers to be vigilant as to factors within their control that may encourage a driver to not comply with a speed limit. Section 206 states where a driver is self-employed, this section imposes on prime contractors and operators of vehicles obligations similar to those imposed on employers by section 205. A maximum penalty of $4000 is prescribed for a person contravening this provision. It should be noted that, because of the operation of section 218, for an offence against this provision it is not necessary to prove the driver of the heavy vehicle exceeded a speed limit applying to the driver. A person charged with an offence under this section does not have the benefit of the mistake of fact defence for this offence. This section encourages prime contractors and operators to be vigilant as to factors within their control that may encourage a driver to not comply with a speed limit. Division 2 Schedulers Section 207 states that a scheduler must take all reasonable steps to ensure that the schedule for the driver of a heavy vehicle will not cause the driver to exceed a speed limit applying to the driver. A maximum penalty of $10000 applies to the offence of contravening this provision. Section 5 defines a schedule for the driver of a heavy vehicle and a scheduler for a heavy vehicle. It should be noted that, because of the operation of section 218, for an offence against this provision it is not necessary to prove the driver of the heavy vehicle exceeded a speed limit applying to the driver. Annexure 1 -- 162 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 159 Authorised by the Chief Parliamentary Counsel Examples of what may be regarded as reasonable steps are provided in a note under this section. These examples are: • Consulting drivers about their schedules and work requirements; • Taking account of the average speed that can be travelled lawfully on scheduled routes; • Allowing for traffic conditions or other delays in schedules; and • Contingency planning concerning schedules. Notes to subsection (1) indicate that sections 622 and 623 should be considered in deciding whether a person has taken all reasonable steps. A person charged with an offence under this section does not have the benefit of the mistake of fact defence for the offence. Section 208 imposes further obligations on schedulers to not cause a vehicle’s driver to drive unless the driver’s schedule allows for: • the driver to take all required rest breaks in compliance with all laws regulating the driver’s work times and rest times; and • traffic conditions and other delays that could reasonably be expected; and • compliance with all speed limits. A maximum penalty of $4000 applies to the offence of contravening this provision. It should be noted that, because of the operation of section 218, for an offence against this provision it is not necessary to prove the driver of the heavy vehicle exceeded a speed limit applying to the driver. Examples provided of considerations that may be taken into account in providing a schedule that allows for traffic conditions and other delays that could be reasonably expected are: Annexure 1 -- 163 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 160 Authorised by the Chief Parliamentary Counsel • the actual average speed able to be travelled lawfully and safely by the driver on the route to be travelled by the heavy vehicle; • known traffic conditions, for example, road works or traffic congestion on the route; and • delays caused by loading, unloading or queuing. A person charged with an offence under this section does not have the benefit of the mistake of fact defence for the offence. Division 3 Loading managers Section 209 states that a loading manager must take all reasonable steps to ensure that loading and unloading arrangements will not cause the driver of a heavy vehicle to exceed a speed limit applying to the driver. A maximum penalty of $10000 applies to the offence of contravening this provision. For this section, a loading manager means a person who manages, or is responsible for the operation of, regular loading or unloading premises for heavy vehicles; or has been assigned by that person as responsible for supervising, managing or controlling, directly or indirectly, activities carried out by a loader or unloader of goods at the premises. It should be noted that, because of the operation of section 218, for an offence against this provision it is not necessary to prove the driver of the heavy vehicle exceeded a speed limit applying to the driver. Examples of what may be regarded as reasonable steps are provided in a note under this section. These examples are: • reviewing loading and unloading times and delays at loading and unloading places; • identifying potential loading and unloading congestion in consultation with drivers and other parties in the chain of responsibility; Annexure 1 -- 164 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 161 Authorised by the Chief Parliamentary Counsel • having a system of setting and allocating loading and unloading times the driver can reasonably rely on; and • allowing loading and unloading to happen at an agreed time. Notes to subsection (1) indicate that sections 622 and 623 should be considered in deciding whether a person has taken all reasonable steps. A person charged with an offence under this section does not have the benefit of the mistake of fact defence for the offence. Division 4 Particular consignors and consignees Section 210 states that this Division applies to a person who is a ‘commercial consignor’ who engages a particular operator of a heavy vehicle, either directly or through an agent or other intermediary, to transport goods for the person by road for commercial purposes. Section 5 defines a ‘consignee’ of goods as a person who 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 actually receives the goods after completion of their road transport. This definition does not include a person who merely unloads the goods. Section 211 states that this Division applies only to a consignee of goods who: • has consented to being, and is named or otherwise identified as, the intended consignee of goods in the transport documentation relating to the transport of the goods by road by a particular operator of a heavy vehicle; and • knows, or ought reasonably to know, that the goods are to be transported by road. A note to section 211 refers to section 632 for the matters a court must consider deciding whether a person ought reasonably to have known something. Annexure 1 -- 165 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 162 Authorised by the Chief Parliamentary Counsel Section 212 states that a commercial consignor or a consignee of goods must take all reasonable steps to ensure that the terms of consignment of goods for transport by a heavy vehicle will not either (a) cause the relevant driver or (b) cause a relevant party for the relevant driver to exceed a speed limit applying to the driver. A maximum penalty of $10000 applies to both offences in this section. It should be noted that, because of the operation of section 218, for an offence against this provision it is not necessary to prove the driver of the heavy vehicle exceeded a speed limit applying to the driver. For this section, the relevant driver for consigned goods, means the driver of the heavy vehicle by which the goods are to be or are being transported. For this section, the relevant party for the driver includes: • if the driver is employed, the employer of the driver; • if the driver is a self-employed driver, a prime contractor of the driver; and • if the driver is to make, or is making, a journey for the operator of a vehicle, an operator of the vehicle. Examples of what may be regarded as reasonable steps are provided in a note under this section. These examples are: • ensuring contractual arrangements and documentation for the consignment and delivery of goods enable speed limit compliance; • contingency planning concerning consignments and delivery times; and • regular consultation with other parties in the chain of responsibility, unions and industry associations to address compliance issues. Notes to subsection (1) indicate that sections 622 and 623 should be considered in deciding whether a person has taken all reasonable steps. Annexure 1 -- 166 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 163 Authorised by the Chief Parliamentary Counsel A person charged with an offence under this section does not have the benefit of the mistake of fact defence for the offence. Section 213 states that a commercial consignor or a consignee of goods must not make a demand that affects, or may affect, a time in a schedule for the transport of the consigned goods unless the consignor or consignee has complied with section 212 and the consignor or consignee is reasonably satisfied that the making of the demand will not cause a scheduler for the vehicle to not comply with that scheduler’s obligations. A maximum penalty of $6000 applies to the offence of contravening this provision. It should be noted that, because of the operation of section 218, for an offence against this provision it is not necessary to prove the driver of the heavy vehicle exceeded a speed limit applying to the driver. Division 5 Particular requests etc. and contracts etc. prohibited Section 214 sets out the person included in the meaning of the term ‘party in the chain of responsibility’ for a heavy vehicle in this Division. This definition is important as persons commit an offence under this Division when they make a request to, or enter a contract or agreement with, a party in the chain of responsibility. The persons who are a party in the chain of responsibility for this Division are: • an employer of the vehicle’s driver if the driver is an employed driver; • a prime contractor for the vehicle’s driver if the driver is a self-employed driver; • an operator of the vehicle; • a scheduler for the vehicle; • a loading manager of any goods in the vehicle; Annexure 1 -- 167 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 164 Authorised by the Chief Parliamentary Counsel • a commercial consignor of any goods for transport by the vehicle that are in the vehicle; • a consignee of any goods in the vehicle, if Division 4 applies to the consignee. A note to subsection (1) indicates that the exercise of any of these functions, whether exclusively or occasionally, decides whether a person falls within these definitions rather than a person’s job title or contractual description. Subsection (2) provides that a person may be a party in the chain or responsibility for the heavy vehicle in more than one capacity. Section 215 prohibits a person from asking, directing or requiring, directly or indirectly, the driver of a heavy vehicle or a party in the chain of responsibility to do or not to do something which the person knows or ought reasonably to know would have the effect of causing the driver to exceed a speed limit applying to the driver. A maximum penalty of $10000 applies to the offence of contravening this provision. It should be noted that, because of the operation of section 218, for an offence against this provision it is not necessary to prove the driver of the heavy vehicle exceeded a speed limit applying to the driver. A note to subsection (1) indicates that section 632 states the matters a court must consider when deciding whether a person ought reasonably to have known something. Section 216 states a person must not enter into a contract or agreement with the driver or a party in the chain of responsibility of or for a heavy vehicle if the person knows or ought reasonably to know that the effect would be to cause the driver to exceed a speed limit applying to the driver. Subsection (2) makes similar provision for contracts or agreements that encourage or provide incentives for a driver to exceed a speed limit applying to the driver. In both cases a maximum penalty of $10000 applies to the offence of contravening this provision. Annexure 1 -- 168 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 165 Authorised by the Chief Parliamentary Counsel It should be noted that, because of the operation of section 218, for an offence against this provision it is not necessary to prove the driver of the heavy vehicle exceeded a speed limit applying to the driver. Note 1 to section 216 indicates that section 632 states the matters a court must consider when deciding whether a person ought reasonably to have known something. Note 2 indicates that section 742 provides that particular contracts or other agreements are void. Division 6 Provisions about offences against this Part Section 217 deals with circumstances included within the concept of failing to take all reasonable steps in relation to this Division. Under section 217, a person failing to take reasonable steps to ensure someone else does not drive a heavy vehicle in excess of a speed limit applying to the vehicle’s driver (referred to in this section as the prohibited act) includes: • the person failing to take reasonable steps to ensure the other person does not do the prohibited act; and • the person failing to take reasonable steps to ensure the person’s activities or anything arising out of them do not cause, result in or provide an incentive for the other person to do the prohibited act. Subsection (4) states that a court may find that a person caused another person to do something prohibited if the court is satisfied that a reasonable person would have foreseen that the person’s conduct would be reasonably likely to cause the other person to do the prohibited act. Section 218 states that in a prosecution for an offence against Part 5.2, it is not necessary to prove the driver of the heavy vehicle exceeded a speed limit applying to the driver. Annexure 1 -- 169 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 166 Authorised by the Chief Parliamentary Counsel Part 5.3 Extended liability Section 219 creates offences for employers, prime contractors and operators of heavy vehicles if a speeding offence is committed in relation to the vehicle. However, a driver need not be proceeded against or convicted of a speeding offence for this section to operate. In this section a ‘speeding offence’ means an offence committed by the driver of a heavy vehicle because the driver exceeded a speed limit applying to the driver. Subsection (1) states that when a speeding offence is committed, each of the following persons are also taken to have committed the offence: • if the driver is employed, the employer of the driver; • if the driver is a self-employed driver, a prime contractor of the driver; • if the driver is making a journey for an operator of a vehicle, the operator of the vehicle. The maximum penalty for a person committing an offence under this provision is dependent on both the speed limit exceeded by the driver and how much the driver exceeded the limit by and ranges from $3000 to $10000. A person charged with an offence under this section does not have the benefit of the mistake of fact defence for the offence. However, in a proceeding for an offence under this section the person does have the benefit of the reasonable steps defence for the offence. That defence is set out in Divisions 1 and 2 of Part 10.4. The reasonable steps defence requires that the person charged must actively consider the appropriate steps to prevent an on-road breach from occurring and cannot rely on a honest and reasonable mistake alone. Annexure 1 -- 170 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 167 Authorised by the Chief Parliamentary Counsel Subsection (4) clarifies that legal proceedings or any conviction against the driver for the speeding offence is irrelevant. Evidence of a conviction against the driver is evidence of certain matters, and details stated in an infringement notice issued for the relevant offence is evidence that the offence happened at the time and place, and in the circumstances, stated in the infringement. Chapter 6 Vehicle operations— driver fatigue Part 6.1 Preliminary Section 220 states the main purpose of Chapter 6 is to provide for the safe management of the fatigue of drivers of fatigue- regulated heavy vehicles while they are driving on the road. The term ‘fatigue-regulated heavy vehicles’ is defined in section 7. Normally, a vehicle designed to carry more than 12 adults (including the driver) or having a gross vehicle or combination mass of 12 tonnes or more will be a fatigue- regulated heavy vehicle, although section 7 provides exceptions, including some machinery and motor homes. Subsection (2) indicates that this purpose is achieved by imposing duties, providing maximum work requirements and minimum rest requirements and, amongst other things, providing for recording the work times and rest times of drivers. Section 221 provides definitions of terms used in Chapter 6 or refers the reader to other provisions where those terms are defined. Examples are given in some cases. Section 222 states that breaches of maximum work requirements or minimum rest requirements are categorised as minor, substantial, severe or critical in accordance with provisions of regulations. Annexure 1 -- 171 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 168 Authorised by the Chief Parliamentary Counsel Part 6.2 Duties relating to fatigue Division 1 Preliminary Section 223 states that ‘fatigue’ includes, but is not limited to, feeling sleepy, feeling physically or mentally tired, weary or drowsy, feeling exhausted or lacking energy or behaving in a way that’s consistent with the examples referred to in paragraphs (a), (b), or (c). Subsection (2) gives a head of power for the making of national regulations supplementing, clarifying or providing examples for any of the provisions of sections 223 to 226 (encompassing, the meaning of ‘fatigue’, the matters a court may consider in deciding whether a person was fatigued, the meaning of ‘impaired by fatigue’, and the matters a court may consider in deciding whether a person was impaired by fatigue). Section 224 sets out some matters which a court may consider in determining whether a driver is fatigued but subsection (2) states that the court is not limited by those matters. Section 225 states that a driver is impaired by fatigue if the driver’s ability to drive a fatigue-regulated heavy vehicle safely is affected by fatigue. This is consistent with Regulation 44 of the Road Transport (General) Regulation 2005 (NSW). Section 226 sets out matters that a court may consider in determining whether a person is impaired by fatigue. Subsection (2) provides that the court is not limited to a consideration of those things and subsection (3) provides that a court may consider a driver to be impaired by fatigue even though he or she has complied with legal requirements. Section 227 refers to a number of parties in the chain of responsibility who are deemed to have committed the same offences as the driver under this Law. These persons include: • an employer of the vehicle’s driver; • a prime contractor for the vehicle’s driver; • an operator of the vehicle; Annexure 1 -- 172 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 169 Authorised by the Chief Parliamentary Counsel • a scheduler for the vehicle; • a consignor of any goods for transport by the vehicle that are in the vehicle; • a consignee of any goods in the vehicle; • a loading manager of any goods in the vehicle; • a loader of any goods in the vehicle; and • an unloader of any goods in the vehicle. Subsection (2) provides that it is possible for a person to be a party in the chain of responsibility for a fatigue-regulated heavy vehicle in more than 1 capacity. Division 2 Duty to avoid and prevent fatigue Section 228 provides that a person must not drive a fatigue- regulated heavy vehicle on a road while the person is impaired by fatigue. A maximum penalty of $6000 applies to the offence of contravening this provision. Section 228 also makes provision for participating jurisdictions to classify offences under other state or territory laws as a "prescribed driver offence under another law”. When an offence under another law of the jurisdiction (for instance, an occupational health and safety law) is so prescribed, then a driver cannot be convicted of both a heavy vehicle driver fatigue offence and the "prescribed driver offence under another law". This will provide drivers of fatigue-regulated heavy vehicle with protection from double jeopardy without having to rely on the, often uncertain, operation of general statutory or common law rules to the same effect. Section 229 provides that a party in the chain of responsibility for a fatigue-regulated heavy vehicle must take all reasonable steps to ensure that a person does not drive the vehicle on a road while that person is impaired by fatigue. A maximum penalty of $10000 applies to the offence of contravening this provision. Section 229(2) deals with evidence that a party took all Annexure 1 -- 173 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 170 Authorised by the Chief Parliamentary Counsel reasonable steps and subsection (3) provides that it is not necessary for the prosecution to prove that a person drove or would or may have driven on a road while impaired by fatigue. A person charged with an offence under this section does not have the benefit of the mistake of fact defence for the offence. Division 3 Additional duties of employers, prime contractors and operators Section 230 imposes on certain employers, contractors and operators (as specified by subsection (3)) to take all reasonable steps to ensure that their business practices will not cause the driver to drive while impaired by fatigue or to drive in breach of work and rest hours options. A maximum penalty of $6000 applies to the offence of contravening this provision. A person charged with an offence under this section does not have the benefit of the mistake of fact defence for the offence. Section 231 imposes an obligation on an employer not to cause an employed driver to drive a fatigue-regulated heavy vehicle unless the employer has complied with section 230 and is satisfied that each scheduler for the vehicle has complied with that scheduler’s obligations. A maximum penalty of $4000 applies to the offence of contravening this provision. A person charged with an offence under this section does not have the benefit of the mistake of fact defence for the offence. Section 232 provides that where a driver is self-employed, section 232 imposes on prime contractors and operators of vehicles obligations similar to those imposed on employers by section 231. A maximum penalty of $4000 applies to the offence of contravening this provision. A person charged with an offence under this section does not have the benefit of the mistake of fact defence for the offence. Annexure 1 -- 174 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 171 Authorised by the Chief Parliamentary Counsel Division 4 Additional duties of schedulers Section 233 provides that a scheduler must take all reasonable steps to ensure that the schedule for the driver of a fatigue- regulated heavy vehicle will not cause the driver to drive while impaired by fatigue or in breach of the driver’s work and rest hours options. A maximum penalty of $6000 applies to the offence of contravening this provision. A person charged with an offence under this section does not have the benefit of the mistake of fact defence for the offence. Section 234 imposes further obligations on schedulers, including a consideration of traffic conditions and other delays that could reasonably be expected; such matters must be allowed for in the driver’s schedule. A maximum penalty of $6000 applies to the offence of contravening this provision. A person charged with an offence under this section does not have the benefit of the mistake of fact defence for the offence. Division 5 Additional duties of consignors and consignees Section 235 states that consignors and consignees must take all reasonable steps to ensure that the terms of consignment of goods for transport by a fatigue-regulated heavy vehicle will not result in, encourage or provide an incentive to the driver to drive while impaired by fatigue or in breach of the driver’s work and rest hours options. A maximum penalty of $10000 applies to the offence of contravening this provision. Subsection (2) imposes on consignors and consignees similar obligations in relation to employers, prime contractors and operators who may, in turn, cause a driver to drive while impaired by fatigue or in breach of the driver’s work and rest hours options. A person charged with an offence under this section does not have the benefit of the mistake of fact defence for the offence. Annexure 1 -- 175 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 172 Authorised by the Chief Parliamentary Counsel Section 236 states that consignors and consignees must not cause the driver to drive or enter into a contract or other agreement to that effect unless the consignor or consignee has complied with section 235 and is satisfied that others upon whom obligations are imposed by Divisions 3 and 4 have complied with those Divisions. A maximum penalty of $4000 applies to the offence of contravening this provision. A person charged with an offence under this section does not have the benefit of the mistake of fact defence for the offence. Section 237 states that a consignor of goods for transport by road in a fatigue-regulated heavy vehicle must not make a demand that affects or may affect a time in a schedule that may cause the vehicle’s driver to drive while impaired by fatigue or in breach of the driver’s work and rest hours options. A maximum penalty of $10000 applies to the offence of contravening this provision but Subsection (2) protects the consignor if certain precautions are taken before the demand is made. A person charged with an offence under this section does not have the benefit of the mistake of fact defence for the offence. Division 6 Additional duties of loading managers Section 238 states that a loading manager must take all reasonable steps to ensure that loading and unloading arrangements will not cause the driver of a fatigue-regulated heavy vehicle to drive while impaired by fatigue or in breach of the driver’s work and rest hour options. A maximum penalty of $100000 applies to the offence of contravening this provision. A person charged with an offence under this section does not have the benefit of the mistake of fact defence for the offence. Section 239 imposes an obligation to ensure drivers can rest in particular circumstances. In circumstances specified by subsection (1), a loading manager must take all reasonable steps to ensure that the driver is able to rest while waiting for the goods to be loaded or unloaded onto or from the vehicle. Annexure 1 -- 176 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 173 Authorised by the Chief Parliamentary Counsel The circumstances include delays in the starting or finishing times advised to the driver for the loading or unloading. A maximum penalty of $6000 applies to the offence of contravening this provision. A person charged with an offence under this section does not have the benefit of the mistake of fact defence for the offence. Division 7 Particular requests etc. and contracts etc. prohibited Section 240 prohibits a person from asking, directing or requiring, directly or indirectly, the driver of a fatigue-regulated heavy vehicle or a party in the chain of responsibility to do or not to do something which the person knows or ought reasonably to know would have the effect of causing the driver to drive while impaired by fatigue or in breach of the driver’s work and rest hours options. A maximum penalty of $10000 applies to the offence of contravening this provision. Section 241 provides that a person must not enter into a contract or agreement with the driver or a party in the chain of responsibility of or for a fatigue-regulated heavy vehicle if the person knows or ought reasonably to know that the effect would be to cause the driver to drive while impaired by fatigue or in breach of the driver’s work and rest hours options. Subsection (2) makes similar provision for contracts or agreements which encourage or provide incentives for driving while impaired by fatigue or in breach of the driver’s work and rest hours options. In both cases, a maximum penalty of $10000 applies to the offence of contravening this provision. Division 8 Provisions about offences against this Part Section 242 deals with circumstances included within the concept of failing to take all reasonable steps. Subsection (4) makes further provision as to when a court may find that a person caused another person to do something prohibited; this will be possible if the court is satisfied that a reasonable person Annexure 1 -- 177 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 174 Authorised by the Chief Parliamentary Counsel would have foreseen that the person’s conduct would be reasonably likely to cause the other person to do the prohibited act. Part 6.3 Requirements relating to work time and rest time Division 1 Preliminary Section 243 defines the terms ‘work and rest hours option’. The term is important in relation to various offences created by Part 6.3 involving conduct causing a driver to drive in breach of the option. Section 244 deals with counting time. As the driving task may extend across State or Territory borders, section 244 states how time (for work and rest) is to be counted where more than one participating jurisdiction is involved. Section 245 provides for the possibility that the driving task may extend across State or Territory borders, section 245 indicates how time (for work and rest) is to be counted where both participating and non-participating jurisdictions are involved. Section 246 provides for the computation of short periods of less than 15 minutes of both work and rest times. Section 247 deals with the point from which a period of time is to be counted where a rest break or period is involved and provides an example of how the computation is to be made. Section 248 deals with the situation where the driving extends across two or more time zones. Annexure 1 -- 178 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 175 Authorised by the Chief Parliamentary Counsel Division 2 Standard work and rest arrangements Section 249 authorises the making of regulations to prescribe maximum work times and minimum rest times applying to drivers of a fatigue-regulated heavy vehicle working under what are called standard hours. Later sections deal with hours that are not standard, called BFM and AFM. Section 250 states that a solo driver working under standard hours commits an offence where he or she works more than the maximum work time or rests for less than the minimum rest time required by the standard hours. Subsection (1) applies different monetary penalties by reference to whether the breach of the provision is categorised as minor, substantial, severe or critical. Subsections (2) and (3) deal with defences to a prosecution for contravening subsection (1). Section 251 makes provision, similar to section 250, where drivers under standard hours are party to a two-up driving arrangement. Section 252 provides a defence where a rest break of less than 1 hour is required and has not been taken because there was no suitable place available in which to take it but it was taken, no later than 45 minutes late, at the first available suitable location. Division 3 BFM work and rest arrangements Section 253 authorises the making of regulations to prescribe maximum work times and minimum rest times applying to drivers of a fatigue-regulated heavy vehicle working under BFM hours. Such a driver drives under BFM accreditation, for which section 458 provides. Section 254 states that a solo driver working under BFM hours commits an offence where he or she works more than the maximum work time or rests for less than the minimum rest time required by the BFM hours. Subsection (1) applies different monetary penalties by reference to whether the breach Annexure 1 -- 179 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 176 Authorised by the Chief Parliamentary Counsel of the provision is categorised as minor, substantial, severe or critical. Subsections (2) and (3) deal with defences to a prosecution for contravening subsection (1). Section 255 provides a defence for a solo driver in a prosecution for not taking 7 hours of stationary rest when required by BFM hours in circumstances where the driver has had a split rest break. Section 256 provides a provision, similar to section 254, where drivers under BFM hours are party to a two-up driving arrangement. Division 4 AFM work and rest arrangements Section 257 provides a definition of the term AFM hours, being the maximum work times and minimum rest times for a driver of a fatigue-regulated heavy vehicle under an AFM accreditation for which section 458 provides. Section 258 states that a driver working under AFM hours commits an offence where he or she works more than the maximum work time or rests for less than the minimum rest time required by the AFM hours. Subsection (1) applies different monetary penalties by reference to whether the breach of the provision is categorised as minor, substantial, severe or critical. Subsections (2) and (3) deal with defences to a prosecution for contravening subsection (1). Division 5 Arrangements under work and rest hours exemption Section 259 defines the term exemption hours to be the maximum work time and minimum rest time for a driver of a fatigue-regulated heavy vehicle driving under an exemption. These times are to be specified in the notice or permit granting the exemption. Annexure 1 -- 180 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 177 Authorised by the Chief Parliamentary Counsel Section 260 states that a driver working under a work and rest hours exemption commits an offence where he or she works more than the maximum work time or rests for less than the minimum rest time required by the exemption. Subsection (1) applies different monetary penalties by reference to whether the breach of the provision is categorised as minor, substantial, severe or critical. Subsections (2) and (3) deal with defences to a prosecution for contravening subsection (1). Division 6 Extended liability Section 261 extends liability to employers, prime contractors, operators, schedulers, consignors, consignees, loading managers, loaders and unloaders if a driver of a fatigue- regulated heavy vehicle exceeds the maximum work hours or taking less than the minimum rest times required for the driver. It prescribes different penalties depending on whether the offence is characterised as minor, substantial, severe or critical with penalties ranging from $4000 to $15000. Subsections (3) and (4) deal with defences to a prosecution for contravening subsection (1). Subsection (5) clarifies that legal proceedings or any conviction against the driver for a breach of work and rest requirements is irrelevant, evidence of a conviction against the driver is evidence of certain matters, and details stated in an infringement notice issued for the relevant offence is evidence that the offence happened at the time and place, and in the circumstances, stated in the infringement notice. Division 7 Changing work and rest hours option Section 262 states the limits of a driver to 1 work and rest hours option but allows him or her to change the option available Section 263 deals with the circumstances in which a work and rest hours option can be changed and obligations arising from a change. Section 263 defines the options in terms of standard hours, BFM hours or AFM hours. Annexure 1 -- 181 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 178 Authorised by the Chief Parliamentary Counsel Section 264 imposes duties on employers, prime contractors, operators and schedulers where a driver changes a work and rest hours option. A maximum penalty of $6000 applies where the duties are breached. Subsections (3) and (4) deal with defences available in a prosecution for such a breach. Division 8 Exemptions relating to work times and rest times Subdivision 1 Exemption for emergency services Section 265 provides an exemption from requirements as to work and rest times a person who is acting for an emergency service in circumstances specified in the section on the way to, during and returning from an emergency, as defined in subsection (4). Subsection (3) provides that an emergency services exemption is only applicable when the emergency service personnel have complied with any guidelines issued by any emergency service or for that service by an agency responsible for oversight of the emergency service. An example of this would be the South Australian Fire and Emergency Services Commission as the agency responsible for oversight of the South Australian Country Fire Service, which is an emergency service Subdivision 2 Exemptions by Commonwealth Gazette notice Section 266 authorises the Regulator to grant an exemption to classes of drivers for 3 years to operate under maximum work times and minimum rest times prescribed in the notice that is to be published in the Commonwealth Gazette to exempt. Section 267 states that the Regulator may grant a work and rest hours exemption only if the Regulator is satisfied that requiring the class of drivers to whom the exemption is to apply to comply with the standard hours would be an unreasonable restriction on Annexure 1 -- 182 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 179 Authorised by the Chief Parliamentary Counsel the applicants. Subsection (2) requires the Regulator to have regard to guidelines approved by the responsible Ministers. Section 268 provides that a notice granting an exemption from work and rest hours may be subject to conditions including driver fatigue management practices that are to apply to the drivers under the exemption, record keeping requirements, as well as a condition that the driver must keep in his or her possession a copy of the notice. Section 269 deals with the period during which a notice granting an exemption from work and rest hours is in force. It provides that an exemption takes effect when it is published on the Commonwealth Gazette website or a later time stated in the notice. Section 270 provides that a notice granting an exemption from work and rest hours must refer to the classes of drivers to which the exemption applies, the maximum work times and minimum rest times, the period for which the exemption applies as well as any other conditions. Section 271 sets out the grounds that warrant amendment or cancellation of a notice granting an exemption from work and rest hours. In particular, subsection (1) states that a notice may be amended or cancelled due to a change in circumstances that would have resulted in a decision not to grant the exemption or grant it subject to conditions or different conditions had the facts existed at the original grant, or where the use of a fatigue- regulated heavy vehicle has caused, or is likely to cause, a significant risk to public safety. Subsections (4) to (6) provide that the Regulator’s amendment or cancellation of a work and rest hours exemption (notice) takes effect in the same timeframe and circumstances as those for an amendment or cancellation of a work diary exemption (notice). Section 272 empowers the Regulator to immediately suspend a work and rest hours exemption (notice). The power is based on similar provisions in the Act relating to exemptions from registration, vehicle standards requirements, and mass and Annexure 1 -- 183 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 180 Authorised by the Chief Parliamentary Counsel dimension authorities. It is exercisable where it is necessary to suspend the exemption immediately to prevent or minimise serious harm to public safety, and requires a public notification process to be undertaken. Subdivision 3 Exemptions by permit Section 273 states that the Regulator may grant, by a permit, an exemption from the work and rest hours that would otherwise apply to the driver of a fatigue-regulated heavy vehicle. Section 274 allows an employer, operator, prime contractor or a self-employed driver of a fatigue-regulated heavy vehicle to apply for an exemption permit. It specifies the requirements for an application which include the requirement that the applicant must be in the approved form and specify the period for which the exemption is sought, any conditions to which the exemption is sought to be subject as well as the name of the driver. Section 275 states the restrictions on the Regulator in relation to the grant of a permit under section 271. The Regulator must be satisfied of certain matters specified in the section, including the unreasonableness of requiring compliance with the hours which would otherwise apply, and must have regard to guidelines approved by the responsible Ministers under section 653. Section 276 states that a permit granting an exemption from work and rest hours may be subject to conditions. Where the exemption is granted to an operator in connection with the operator’s BFM or AFM accreditation, it is a condition that the operator complies with all of the conditions of that accreditation. Section 277 deals with the period during which a permit granting an exemption from work and rest hours is in force. Section 278 deals with the contents of and, in some cases, information which must accompany a work and rest hours exemption permit. Section 279 provides that if the Regulator refuses a permit, an information notice is to be provided to the applicant. Annexure 1 -- 184 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 181 Authorised by the Chief Parliamentary Counsel Section 280 deals with an application for the amendment or cancellation of a work and rest hours exemption (permit). Section 281 states the grounds for amending or cancelling a work and rest hours exemption (permit) on the Regulator’s initiative and the procedures to be followed, including opportunity for and consideration of written representations. Section 282 provides for the circumstances in which the Regulator may immediately suspend a work and rest hours exemption (permit). Section 283 provides the Regulator with the power to make amendments of a minor nature to a work and rest hours exemption (permit), so as to deal with formal or clerical matters or amendments which do not adversely affect the holder’s interests. Section 284 provides that where a work and rest hours exemption (permit) is amended or cancelled, the Regulator may require its return. It is an offence not to comply with such a requirement and a maximum penalty of $6000 applies. The Regulator may issue a replacement permit where a permit has been amended. Section 285 provides that where a permit is defaced, destroyed, lost or stolen, the holder must apply to the Regulator for a replacement. A maximum penalty of $4000 applies for a contravention of this requirement. The section also deals with the circumstances when the Regulator is to issue such a replacement and the procedure to be followed if a replacement is not issued. Subdivision 4 Offences relating to operating under work and rest hours exemption etc. Section 286 states that it is an offence not to comply with a condition of an exemption from work and rest hours. A maximum penalty of $6000 applies. Annexure 1 -- 185 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 182 Authorised by the Chief Parliamentary Counsel Section 287 makes it an offence for a driver to not keep in his or her possession a copy of the notice granting the exemption and prescribes a penalty of $3000. Subsection (3) extends the liability (with a similar penalty) to employers, prime contractors and operators where a driver contravenes subsection (1), thereby committing an offence against subsection (2). Section 288 makes it an offence for a driver to not keep in his or her possession a copy of the notice granting work and rest hours exemption, and prescribes a maximum penalty of $3000 Subsection (3) extends liability to employers, prime contractors and operators if the driver is found to have contravened subsection (1). Subsection (2) imposes obligations to return permits when they are no longer needed. A maximum penalty of $4000 applies. Subsections (4), (5) and (6) deal with defences and things relevant or irrelevant to the court’s consideration in a prosecution for offences created by this section. Part 6.4 Requirements about record keeping Division 1 Preliminary Section 289 defines the terms ‘100km work’ and ‘100+km work’ by reference to the radius, measured from the driver’s base, of the area in which the driver drives. Section 5 defines what the driver’s base is. Section 290 defines a ‘driver’s record location’. It states that the record location of the driver of a fatigue-regulated heavy vehicle is the place advised to the driver by his or her record- keeper or, if there is no such advice, the driver’s base. Annexure 1 -- 186 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 183 Authorised by the Chief Parliamentary Counsel Division 2 Work diary requirements Subdivision 1 Requirement to carry work diary Section 291 provides that Subdivision 1 applies where a driver is or was in the last 28 days engaged in 100+km work under standard hours, or was working under BFM or AFM hours. Section 292 states that, for the purposes of Subdivision 1, a work diary is defined so as to include relevant written or electronic diaries, printouts of information in electronic diaries and supplementary records. Section 293 states that the driver of a fatigue-regulated heavy vehicle must keep a work diary, ensure its accuracy and have it in his or her possession while driving a fatigue-regulated heavy vehicle. A maximum penalty of $6000 applies. Subsections (2) and (3) deal with situations irrelevant to the offence created by subsection (1) and with defences to a prosecution for tis contravention. Subdivision 2 Information required to be included in work diary Section 294 states that the purpose of Subdivision 2 is to state what must be recorded in the work diary for each day when a driver is engaged in 100+km work under standard hours or works under BFM hours, standard hours or exemption hours. Section 295 creates a broad head of power to allow the making of regulations in respect of various matters related to work diaries including the information that is to be recorded, and the manner in which the information is to be recorded. Section 296 requires a driver to record information in the driver’s work diary in the manner and at the time prescribed by the national regulations. However, it does not apply to information to which section 297 applies. Annexure 1 -- 187 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 184 Authorised by the Chief Parliamentary Counsel Section 297 states that the driver must record certain information in the diary immediately after starting work. A maximum penalty of $3000 applies. Subsection (2) makes it a defence to a charge if the driver was unaware that he or she would be engaged in 100+km work under standard hours and records the information as soon as practicable after becoming aware. Section 298 requires the driver of a fatigue-regulated heavy vehicle to record the odometer reading in the manner prescribed by the national regulations if and when required to do so by the national regulations. A defence is provided where at the time of the offence, the odometer was malfunctioning and the driver has complied with the requirements of section 397 in informing the relevant persons. Section 299 requires a driver who is a party to a two-up driving arrangement to provide the other two-up driver on request with the details relating to the arrangement that are prescribed by the national regulations. Subdivision 3 How information must be recorded in work diary Section 300 states that the purpose of Subdivision 3 is to state how information required by Subdivision 2 is to be recorded. Section 301 explains how information is to be recorded in the driver’s written work diary. A maximum penalty of $1500 applies. Section 302 explains how information is to be recorded in the driver’s electronic work diary. A maximum penalty of $1500 applies. Section 303 states that the driver must record time according to the time zone of the driver’s base. A penalty of $1500 applies. Annexure 1 -- 188 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 185 Authorised by the Chief Parliamentary Counsel Subdivision 4 Requirements about work diaries that are filled up etc. Section 304 states that subdivision 4 applies where a diary, if in written form, is full, destroyed, lost, stolen or, if electronic, cannot be used because it is full, destroyed, lost, stolen, out of order or malfunctioning. Section 305 states that information must be recorded in a supplementary record during a period when the circumstances described in section 304 apply. A maximum penalty of $6000 applies. The driver must record time in the supplementary record according to the time zone of the driver’s base. A maximum penalty of $1500 applies. Subsection (4) details circumstances where these obligations do not apply. Section 306 states that a driver must notify the Regulator within 2 business days of his or her written diary being filled up, destroyed, lost or stolen. The maximum penalty prescribed for contravention of this section is $3000. Section 307 contains an obligation similar to that imposed by section 306 upon a driver of fatigue-regulated heavy vehicle whose electronic diary is full, destroyed, lost, stolen or out of order or the driver has reason to suspect that it is or has been malfunctioning. Subsection (2) requires the driver to give the Regulator notice of the matter within 2 business days. The maximum penalty prescribed for contravention of this section is $3000. Section 308 prescribes the steps a driver must take if a written diary that has been lost or stolen is found. A maximum penalty of $3000 applies. Section 309 provides an obligation to notify the Regulator in the circumstances similar to those described in section 307. This section provides that the driver must notify the driver’s record keeper. A maximum penalty of $6000 applies. Annexure 1 -- 189 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 186 Authorised by the Chief Parliamentary Counsel Section 310 states the obligation on an intelligent access reporting entity to notify the driver’s record keeper if the entity becomes aware or has reason to suspect that an approved electronic reporting system is malfunctioning or has malfunctioned. A maximum penalty of $6000 applies. Section 311 states what a record keeper must do if an electronic work diary has been filled up to render it incapable of receiving further information. Subsection (2) requires the record keeper to either make the electronic work diary capable of recording new information; or give the driver a new one that is in working order. Maximum penalties of $6000 apply. The record keeper remains liable even if another person has been engaged for the task of complying with the provision but that person will also be liable to the same penalty as the record keeper. Subsections (4) and (5) deal with defences to prosecutions for the offences created by the section. Section 312 provides that where an electronic diary has been destroyed, lost or stolen, a record keeper must replace it and give the driver any relevant information which the record keeper has which was in the replaced diary unless that information is stored in the replacement diary. A maximum penalty of $6000 applies. The record keeper remains liable even if another person has been engaged for the task of complying with the provision but that person will also be liable to the same penalty as the record keeper. Subsections (4) and (5) deal with defences to prosecutions for the offences created by the section. Section 313 states what a record keeper must do if an electronic diary is reported out of order or malfunctioning. In these circumstances, the record keeper must rectify the problem, replace the electronic diary or direct the driver to use a written diary and may need to provide the driver with a printout of relevant information. A maximum penalty of $6000 applies. Under subsection (3), the record keeper remains liable even if another person has been engaged for the task of complying with the provision but that person will also be liable to the same Annexure 1 -- 190 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 187 Authorised by the Chief Parliamentary Counsel penalty as the record keeper. Subsection (4) provides that subsection (3) does not apply, however, where the other person has been engaged only to repair the electronic diary or bring it into working order. Subsections (5) and (6) deal with defences to prosecutions for the offences created by the section. Subdivision 5 Use of electronic work diaries Section 314 provides that a driver using an electronic work diary must comply with legal conditions and manufacturer’s specifications relating to the diary. A maximum penalty of $3000 applies. A record keeper must ensure that the driver using such a diary complies with those conditions or specifications. A maximum penalty of $6000 applies. Subsection (4) provides a defence to a prosecution for breach of the duties imposed by the section on drivers and record keepers. Subdivision 6 Extended liability Section 315 states that liability is imposed on employers, prime contractors, operators and schedulers where drivers contravene obligations imposed on them by Divisions 1, 2, 3 or 4. The same penalties apply to them as apply to the drivers. Subsection (3) provides that a mistake of fact defence does not apply. However, a person charged has the benefit of the reasonable steps defence. Subsection (4) clarifies that legal proceedings or any conviction against the driver for a breach of work and rest requirements is irrelevant, evidence of a conviction against the driver is evidence of certain matters, and details stated in an infringement notice issued for the relevant offence is evidence that the offence happened at the time and place, and in the circumstances, stated in the infringement notice. Annexure 1 -- 191 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 188 Authorised by the Chief Parliamentary Counsel Division 3 Records relating to drivers Subdivision 1 Preliminary Section 316 states that this Division 3 applies to each record keeper for the driver of a fatigue-regulated heavy vehicle. Section 317 specifies who a driver’s record keeper is. The record keeper is the operator where the driver operates under a BFM or AFM accreditation or a work and rest hours exemption (permit) granted in combination with such an accreditation and, in other cases, is the employer of the self- employed driver. Subdivision 2 Record keeping obligations relating to drivers engaging in 100km work under standard hours Section 318 states that Subdivision 2 applies where a driver of a fatigue-regulated heavy vehicle engages only in 100km work under standard hours. Section 319 states that the record keeper must record the information specified in subsection (1) within the ‘prescribed period’ referred in subsection (5). A maximum penalty of $6000 applies. The record keeper remains liable even if another person has been engaged for the task of complying with the provision but that person will also be liable to the same penalty as the record keeper. Subsections (3) and (4) deal with defences available in a prosecution. Annexure 1 -- 192 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 189 Authorised by the Chief Parliamentary Counsel Subdivision 3 Record keeping obligations relating to drivers engaging in 100+km work under standard hours or operating under BFM hours, AFM hours or exemption hours Section 320 states that Subdivision 3 applies to drivers engaging in 100+km work or operating under BFM or AFM hours or exemption hours. Section 321 states the record keeper’s obligations to record information and to keep documents. A maximum penalty of $6000 applies. The record keeper must record additional information where the driver is operating under BFM hours or AFM hours. A maximum penalty of $6000 applies. The record keeper remains liable even if another person has been engaged for the task of complying with the provision but that person will also be liable to the same penalty as the record keeper. Subsections (4) and (5) deal with defences available in a prosecution. Subsection (6) provides that the section does not apply where certain exemptions are in place. Section 322 prescribes general requirements about a driver giving information to a record keeper. It states that where a driver is required to record information in a work diary and the driver must provide information to the record keeper within 21 days after the driving. A maximum penalty of $3000 applies. The record keeper must ensure that the driver complies with this obligation. A maximum penalty of $3000 applies. The record keeper remains liable even if another person has been engaged for the task of complying with the provision but that person will also be liable to the same penalty as the record keeper. Subsections (6) and (7) deal with defences available in a prosecution. Annexure 1 -- 193 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 190 Authorised by the Chief Parliamentary Counsel Section 323 deals with the situation where a driver changes record keepers and provides obligations on the driver and the new record keeper, together with penalties and defences, similar to those provided by section 322 for drivers, record keepers and those engaged by them. Section 324 deals with the situation where a driver stops using an electronic diary. In such a case, the driver’s record keeper must immediately provide a printout of the information in the electronic diary. A maximum penalty of $3000 applies. The record keeper remains liable even if another person has been engaged for the task of complying with the provision but that person will also be liable to the same penalty as the record keeper. Subsections (4) and (5) deal with defences available in a prosecution. Division 4 Provisions about false representations relating to work records Section 325 deals with false or misleading entries in a work record. A maximum penalty of $10000 applies for making such an entry where the person making it knows or reasonably ought to know that it was false or misleading. Section 326 imposes a prohibition against a driver keeping 2 work diaries simultaneously. Maximum penalties of $10000 apply. Section 327 prohibits drivers and record keepers from possessing things purporting to be work records which the driver or record keeper, as the case may be, knows not to be work records. A maximum penalty of $10000 applies. Section 328 states that a person must not falsely represent that a work record was made by the person. A maximum penalty of $10000 applies. Annexure 1 -- 194 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 191 Authorised by the Chief Parliamentary Counsel Division 5 Interfering with work records Subdivision 1 Work records generally Section 329 states that a person must not deface or alter a work record which he or she knows, or reasonably ought to know, to be correct. A maximum penalty of $10000 applies for noncompliance. Section 330 prohibits the making of entries in a work record by persons unless the person is nominated by the other person to make the entry to do so or the person is an authorised officer. A maximum penalty of $10000 applies for noncompliance. Section 331 prohibits the destruction of work records required to be kept under this Part within the period during which they are required to be kept. A maximum penalty of $10000 applies for noncompliance. Section 332 states that it is an offence to remove pages from a written work diary unless legally required to do so. A maximum penalty of $10000 applies for noncompliance. Subdivision 2 Approved electronic recording systems Section 333 states that Subdivision 2 applies to an approved electronic recording system comprising the whole or part of an electronic work diary. Section 334 defines ‘tamper’ with an approved electronic recording system. It includes conduct that may interfere with the functioning of the system and is not limited to physical contact with a system’s hardware. Section 335 makes it an offence for a person to tamper with an approved electronic recording system. Subsection (2) states that a person does not tamper with an approved electronic recording system merely by repairing a system that is malfunctioning or has malfunctioned, or conduct associated with maintaining an approved electronic recording system, or an authorised officer Annexure 1 -- 195 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 192 Authorised by the Chief Parliamentary Counsel when exercising functions under this Law. A maximum penalty of $10000 applies for noncompliance. Subsections (3), (4) and (5) deal with defences that are available to the person charged. Section 336 states that a person using an approved electronic recording system must not permit another person to tamper with it. A maximum penalty of $10000 applies for noncompliance. Subsection (1) provides examples of persons who use an approved electronic recording system. Subsections (2) and (3) deal with defences that are available to the person charged. Section 337 provides that where an electronic recording system comprises, in whole or in part, an approved intelligent transport system, an intelligent transport reporting entity must not permit another person to tamper with the system. A maximum penalty of $10000 applies for noncompliance. Subsections (3) and (4) deal with defences available to a person charged. Division 6 Obtaining written work diary Section 338 prescribes the requirements for a written work diary issued by the Regulator. Section 339 states that a driver of a fatigue-regulated heavy vehicle must apply to the Regulator for a written work diary and specifies the procedures to be followed, including those applicable to situations where the request for a diary is to replace one previously issued. Section 340 states that the Regulator must issue a written work diary where the driver follows the procedures specified in this and the preceding section and pays the prescribed fee. Subsections (2) and (3) deal with information required or permitted to be noted by the Regulator at the time of issue. Annexure 1 -- 196 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 193 Authorised by the Chief Parliamentary Counsel Division 6A Requirements about records record keeper must make or keep Section 341 specifies the period for which and the way in which records must be kept under s Chapter 6. Subsection (4), clarifies that a driver who is also their own record keeper must ensure the record or a 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. Division 7 Approval of electronic recording systems Subdivision 1 Approval of electronic recording systems Section 342 states that a person must apply, in the approved form, to the Regulator for approval of an electronic recording system. Section 343 states that, as soon as is practicable after receiving an application, the Regulator must grant, either conditionally or unconditionally, approval or refuse it. Subsection (2) limits the authority of the Regulator to approve a system by reference to such considerations as suitability, availability of a mechanism to alert drivers to malfunctions, accuracy, resistance to alteration of the information recorded and capability to reproduce that information. Subsection (3) requires the Regulator to have regard to approved guidelines (defined in section 5 as guidelines approved by responsible Ministers under section 653) for granting approvals. Section 344 deals with the procedures to be followed by the Regulator after granting an approval, including the provision of evidence of the approval. Annexure 1 -- 197 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 194 Authorised by the Chief Parliamentary Counsel Section 345 states that if the Regulator refuses an application for approval, section 345 requires an information notice to be given to the applicant. Section 346 provides that an approval extends to any system identical with the one approved. Subdivision 2 Provisions about electronic work diary labels Section 347 states that a label evidencing the approval (an electronic work diary label) may be placed on an approved electronic recording system but it is an offence to place such a label or any other label on a system that is not approved. Maximum penalties of $10000 apply for noncompliance. Section 348 provides that the label is evidence of the approval of the electronic recording system. Section 349 states that a person is entitled to rely on the label as indicating that the device to which it is attached has been approved unless the person knows or reasonably ought to know that the contrary is the case. Section 350 states that a person must not use as an electronic work diary a device that has attached to it, an electronic work diary label if the person knows or reasonably ought to know that the device is not approved. Subdivision 3 Amendment or cancellation of approval Section 351 provides that the holder of an approval for an electronic recording system may apply to the Regulator for its amendment or cancellation. The Regulator may require further information under Subsection (3) but subsection (4) requires the Regulator to decide the application as soon as practicable after receiving it. Subsections (5) and (6) require the Regulator to provide information to the applicant as to how the application has been determined. Annexure 1 -- 198 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 195 Authorised by the Chief Parliamentary Counsel Section 352 states the grounds for amending or cancelling an electronic recording system approval. If the Regulator decides that there is ground for an amendment or cancellation, subsections (2) and (3) require that information be provided to the holder of the approval with opportunity to make representations, which the Regulator is bound to consider before making a decision. Once a decision has been made, the Regulator must provide the holder with information about it. Subsection (5) provides that the amendment or cancellation takes effect when that information is given or at a later time stated in the information notice. Section 353 provides the Regulator to make amendments of a minor nature to an electronic recording system approval so as to deal with formal or clerical matters or amendments which do not adversely affect the holder’s interests. Section 354 provides that where the Regulator considers that an amendment that has been made to the conditions of an approval will or is likely to significantly affect the way in which the electronic recording system is to be used, the Regulator may give the holder a written direction to notify the amendment to each person to whom the holder has supplied the electronic recording system. It is an offence not to comply with such a direction. A maximum penalty of $6000 applies. If the person receiving the direction has supplied the electronic recording system to others, that person must, in turn, notify those others. A maximum penalty of $6000 applies. Subsection (6) provides that nothing in the section prevents the Regulator from publishing details of the amendment more widely. Section 355 states that if the Regulator notifies the holder of an approval that the approval of the electronic recording system has been cancelled, the holder must remove any electronic work diary label relating to the approval. A maximum penalty of $6000 applies to a contravention. Where the Regulator cancels an approval of an electronic recording system, the Regulator may give the holder a written direction to notify the cancellation to each person to whom the Annexure 1 -- 199 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 196 Authorised by the Chief Parliamentary Counsel holder has supplied the electronic recording system and to require the removal of any electronic work diary label still in the person’s possession. It is an offence not to comply with such a direction. A maximum penalty of $6000 applies. If the person receiving the direction has supplied the electronic recording system to others, that person must, in turn, notify those others, imposing on them a similar requirement to remove any electronic work diary label still in their possession. A maximum penalty of $6000 applies for noncompliance. Subsection (7) provides that nothing in the section prevents the Regulator from publishing details of the cancellation more widely. Division 8 Exemptions from work diary requirements of Division 2 Subdivision 1 Exemption for emergency services Section 356 contains an exemption from Division 2 (which relates to work diary requirements) for a person who is acting for an emergency service in circumstances specified in the section on the way to, during and returning from an emergency, as defined in subsection (4). Subdivision 2 Exemptions by Commonwealth Gazette notice Section 357 empowers the Regulator to publish a notice in the Commonwealth Gazette to exempt, for a period up to 3 years, drivers carrying out a class of work from certain electronic work diary requirements which would otherwise apply. Section 358 states the restrictions on the Regulator in relation to the publication of a notice under section 357. The Regulator must be satisfied of certain matters specified in the section, including safety and the unreasonableness of requiring compliance with the requirements which would otherwise apply, Annexure 1 -- 200 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 197 Authorised by the Chief Parliamentary Counsel and must have regard to guidelines approved by the responsible Ministers under section 653. Section 359 states that a notice granting an exemption from work diary requirements may be subject to conditions. Section 360 states that a notice granting an exemption from work and rest hours is in force when the notice is published or a later date specified in the notice. Section 361 contains requirements for a notice granting an exemption from work diary requirements. Section 362 provides for the amendment of cancellation of a notice granting an exemption from work diary requirements. Subdivision 3 Exemptions by permit Section 363 empowers the Regulator to exempt a driver of fatigue-regulated heavy vehicles from work diary requirements that would otherwise apply to the driver. Section 364 provides that a driver or employer may apply for an exemption permit in the approved form. It specifies other requirements for an application. Section 365 imposes restrictions on the Regulator to the grant of a permit under section 363. The Regulator must be satisfied that the driver’s English literacy would impede his making the necessary entries and that a nominee can do so. The Regulator must also have regard to guidelines approved by the responsible Ministers under section 653. Section 366 provides that a permit granting an exemption from work diary requirements may be subject to conditions. Section 367 states the period during which a permit granting an exemption from work diary requirements is in force. Section 368 states the contents of and, in some cases, information which must accompany a work diary exemption permit. Annexure 1 -- 201 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 198 Authorised by the Chief Parliamentary Counsel Section 369 states that if the Regulator refuses a permit, section 339 requires an information notice to be provided to the applicant. Section 370 deals with the amendment or cancellation of a work diary exemption (permit). Section 371 deals with the grounds for amending or cancelling a work diary exemption (permit) and the procedure to be followed, including opportunity for and consideration of written representations. Section 372 contains a provision for the Regulator to make amendments of a minor nature to a work diary exemption (permit), so as to deal with formal or clerical matters or amendments which do not adversely affect the holder’s interests. Section 373 states that where a work diary exemption (permit) is amended or cancelled, the Regulator may require its return. It is an offence not to comply with the request and a maximum penalty of $6000 applies. The Regulator may issue a replacement permit where a permit has been amended. Section 374 states that where a permit is defaced, destroyed, lost or stolen, the holder must apply to the Regulator for a replacement. A maximum penalty of $4000 applies for a contravention of this requirement. Section 344 also deals with the circumstances when the Regulator is to issue such a replacement and the procedure to be followed if a replacement is not issued. Subdivision 4 Operating under work diary exemption Section 375 states that it is an offence not to comply with a condition of an exemption from work diary requirements. A maximum penalty of $6000 applies. Section 376 provides that where a work diary exemption (notice) requires a driver to keep a document, it is an offence not to do so. A maximum penalty of $3000 applies. Liability is extended to the driver's employers and others. A person to Annexure 1 -- 202 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 199 Authorised by the Chief Parliamentary Counsel whom liability is so extended may rely on the defence of the taking of reasonable steps but does not have the benefit of the mistake of fact defence for the offence. Section 377 states that a driver of a fatigue-regulated heavy vehicle operating under a work diary exemption (permit) must keep a copy of the permit in the driver’s possession. A maximum penalty of $3000 applies. Division 8A Exemptions from fatigue record keeping requirements of Division 3 Subdivision 1 Exemptions by Commonwealth Gazette notice Section 378 creates a power on the part of the Regulator to exempt record keepers for drivers of fatigue-regulated heavy vehicles carrying out a class of work from any or all of the fatigue record keeping requirements contained in Division 3 of Part 6.4 of the Act for a period of not more than 3 years, through the use of a fatigue record keeping exemption (notice). In exercising the power the Regulator must have regard to any approved guidelines. Section 379 empowers the Regulator to impose a range of conditions on a notice issued under section 378, including but not limited to any conditions prescribed in the national regulations. Section 380 establishes the period for which a fatigue record keeping exemption (notice) applies, being the time when the Commonwealth Gazette notice for the exemption is published, or such later period as stated in that gazette notice. Section 381 sets out the minimum requirements a gazette notice issued for a fatigue record keeping exemption (notice) must contain and imposes an obligation on the Regulator to publish a copy of the Commonwealth Gazette notice on the Regulator’s website. Annexure 1 -- 203 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 200 Authorised by the Chief Parliamentary Counsel Section 382 empowers the Regulator to amend or cancel a fatigue record keeping exemption (notice). The section establishes the grounds on which the notice may be amended or cancelled and specifies the procedure to be followed where the power is intended to be exercised. This procedure imposes public notice requirements and obliges the Regulator to consider representations by affected persons. Subdivision 2 Exemptions by permit Section 383 empowers the Regulator to exempt a record keeper for one or more drivers of a fatigue-regulated heavy vehicle from any or all of the fatigue record keeping requirements contained in of Division 3 of Part 6.4 of the Act for a period of not more than 3 years through a fatigue record keeping exemption (permit). Section 384 establishes the procedures to be followed in the making of an application for a fatigue record keeping exemption (permit). Section 385 empowers the Regulator to impose a range of conditions on a permit applied for under section 384, including but not limited to any conditions prescribed in the national regulations. Section 386 stipulates the period for which fatigue record keeping exemption (permit) applies, being the period nominated in the permit itself. Section 387 requires the Regulator to provide a copy of a record keeping exemption (permit) to the applicant. Where conditions have been imposed on the permit, or it has been granted for less than the period sought by the applicant, the Regulator must also provide an information notice for the decision. This section also stipulates the information the Regulator is required to include in the permit. Section 388 requires the Regulator to give the applicant an information notice where the Regulator has decided to refuse an application for a fatigue record keeping exemption (permit). Annexure 1 -- 204 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 201 Authorised by the Chief Parliamentary Counsel Section 389 enables the holder of a fatigue record keeping exemption (permit) to apply to the Regulator for an amendment or cancellation of the exemption. The section outlines the procedure the applicant must follow in seeking the power to be exercised for their benefit, and the procedures to be followed by the Regulator in granting the application or refusing to grant the application. Section 390 empowers the Regulator to amend or cancel a fatigue record keeping exemption (permit) on its own initiative. The section sets out the grounds upon which the power may be exercised as well as the procedures to be followed where the Regulator considers a ground exists to amend or cancel the permit. These procedures include a requirement on the part of the Regulator to notify the holder of the proposed action and invite representations as to why the action should not be taken. Section 391 allows the Regulator to make a minor amendment of a fatigue record keeping exemption (permit) for formal or clerical reasons or other reasons that do not adversely affect the holder’s interests on the giving of notice to the holder. Section 392 provides that where 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 Section 393 requires the holder of a fatigue record keeping exemption (permit) that is defaced, destroyed, lost or stolen to apply to the Regulator for a replacement permit as soon as reasonably practicable after becoming aware of the matter. Subdivision 3 Exemptions by national regulations Section 394 creates a head of power to make regulations 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. There is currently no such capacity to allow for 'enduring' exemptions to be prescribed in regulations but it is likely there will be a need for these in future and they Annexure 1 -- 205 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 202 Authorised by the Chief Parliamentary Counsel already may found in jurisdictional laws (for example, regulation 115E of the Road Transport (General) Regulations (NSW) that exempt motor hire, repair etc. companies who drive vehicles locally from record keeping). Subdivision 4 Other provisions Section 395 creates an offence for a person who contravenes a condition of a fatigue record keeping exemption. Division 9 Requirements about odometers Section 396 states that an owner of a fatigue-regulated heavy vehicle must maintain its odometer in accordance with the national regulations. A maximum penalty of $6000 applies. Subsections (2) and (3) deal with defences to a prosecution. Section 397 states that a driver who suspects an odometer to have malfunctioned must within 2 business days inform each owner of the fatigue-regulated heavy vehicle, his or her employer and the operator. A maximum penalty of $3000 applies. Subsection (3) provides that the driver does not commit an offence if another driver has provided the necessary information. Section 398 provides that an owner must have the odometer examined and brought into working order as soon as practicable after being informed of its malfunction. A maximum penalty of $6000 applies. Subsections (3) and (4) deal with defences that are available to a person charged with an offence under this section. Section 399 states that an employer or operator who has been informed of a malfunctioning odometer must neither drive nor permit to be driven the fatigue-related heavy vehicle until the owner has complied with section 398. A maximum penalty of $6000 applies. Subsections (3) and (4) deal with defences that are available to a person charged with an offence under this section. Annexure 1 -- 206 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 203 Authorised by the Chief Parliamentary Counsel Chapter 7 Intelligent Access Program Part 7.1 Preliminary Section 400 describes the main purposes of Chapter 7 as being to ensure the integrity of systems used for compliance with intelligent access conditions and to provide for appropriate collection, keeping and handling of intelligent access information. Sections 402 and 403 respectively define the terms ‘intelligence access conditions’ and ‘intelligent access information.’ Subsections (2) and (3) indicate how these purposes are achieved in the Law. Intelligent access describes a concept by which electronic or technological means are used to monitor whether vehicles or drivers are complying with conditions affecting their use of roads. The concept offers advantages to both participating road users and enforcement personnel because of the streamlined alternative it presents to conventional enforcement. This Chapter provides for the monitoring of intelligent access vehicles (as defined in section 403) and the means of ensuring that the systems needed to effect the monitoring are accurate and secure. Section 401 introduces the concept of the ‘Intelligent Access Program’ and explains its purpose. The term has been historically applied to the regulatory activities incorporated in Chapter 7 and is well understood by users in industry and government. The retention of this concept allows for the clearer differentiation between regulatory telematics required as condition of access and non-regulatory systems used for other purposes. Section 402 provides that Chapter 7 applies if the Regulator has imposed specified conditions, called ‘intelligent access conditions’ on a mass or dimension exemption or if the use of a heavy vehicle under an HML authority is subject to specified conditions. The term ‘mass or dimension exemption’ is defined in section 5 and refers to an exemption from a mass or dimension requirement granted by the Regulator under a mass or Annexure 1 -- 207 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 204 Authorised by the Chief Parliamentary Counsel dimension exemption (notice) under section 117 or a mass or dimension exemption (permit) under section 122. An HML authority relates to an authorisation to operate at higher mass limits than would otherwise apply to the vehicle. Intelligent access conditions require monitoring of such matters as the areas or roads on which a vehicle travels, the mass of the vehicle when so travelling, the time of travel or the speed at which the vehicle is travelling. The monitoring is undertaken by an intelligent access service provider (as defined in section 403) by means of an intelligent transport system. The term ‘intelligent transport system’ is defined in section 5. It relates to a system using electronic or other technology, which may be installed on a vehicle, road or other place to monitor, generate, record, store, display, analyse, transmit or report information about heavy vehicles, drivers, operators or others involved in road transport using a heavy vehicle. Section 403 defines terms used in Chapter 7. Part 7.2 Duties and obligations of operators of intelligent access vehicles Section 404 deals with offences in relation to false or misleading information given to an intelligent access service provider by an operator. An intelligent access vehicle, as defined in section 403, is essentially one subject to intelligent access conditions. The vehicle’s operator enters into an intelligent access agreement (as defined in section 403) with an intelligent access service provider to monitor compliance with those conditions. The provider is certified for the purpose by Transport Certification Australia Ltd (called TCA in the Law), which is a public company established for the purpose and with a membership comprising relevant Commonwealth, State and Territory agencies. Subsection (1) makes it an offence for the operator of an intelligent access vehicle to give to an intelligent access service provider with whom the operator has entered into an intelligent Annexure 1 -- 208 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 205 Authorised by the Chief Parliamentary Counsel access agreement (as defined in section 403) for the vehicle information relevant to the operation of that vehicle which the operator knows or ought reasonably to know is false or misleading. A maximum penalty of $10000 applies. However, no offence is committed if the operator gives the information in writing and, when giving the information, informs the service provider as best able how the information is false or misleading and, if reasonably possible, gives the correct information in writing. Subsection (4) deals with the situation where the operator of a heavy vehicle intends to enter into an intelligent access agreement with a service provider. It is an offence for the operator to give to the provider information that the operator knows or ought reasonably to know is false or misleading and intends that the service provider will enter into the agreement in reliance on that information. A maximum penalty of $10000 applies. However, no offence is committed if the operator gives the information in writing and, when giving the information, informs the service provider as best able how the information is false or misleading and, if reasonably possible, gives the correct information in writing. Subsection (6) deals with what may be stated in a charge for an offence against either subsection (1) or (4). Section 405 requires the operator of an intelligent access vehicle to take all reasonable steps to give the driver of the vehicle specified information about the collection of information by an intelligent access service provider before the vehicle begins a journey. A maximum penalty of $6000 applies for noncompliance. Subsections (2) and (3) deal with how the operator can comply with the requirement. Section 406 states that an operator of an intelligent access vehicle who becomes aware that a part of an approved intelligent transport system fitted to the vehicle is malfunctioning or has malfunctioned, must report the matter to the Regulator as soon as is practicable. A maximum penalty of $6000 applies for noncompliance. Annexure 1 -- 209 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 206 Authorised by the Chief Parliamentary Counsel The operator is required to keep for a period of at least 4 years written records of such reports, containing specified particulars. A maximum penalty of $6000 applies for noncompliance. Section 407 requires the operator of an intelligent access vehicle to take all reasonable steps to advise the driver, before the vehicle begins a journey, of the driver’s obligation under section 408 (relating to reporting malfunctioning of the intelligent access system to the operator) and how the driver can discharge that obligation. Subsections (2) and (3) deal with how the operator can comply with the requirement. Part 7.3 Obligations of drivers of intelligent access vehicles Section 408 states that the driver of an intelligent access vehicle who becomes aware that a part of an approved intelligent transport system fitted to the vehicle is malfunctioning or has malfunctioned, must report the matter to the vehicle’s operator as soon as is practicable. A maximum penalty of $6000 applies for noncompliance. The driver is required to keep for a period of at least 4 years written records of such reports, containing specified particulars. A maximum penalty of $6000 applies for non-compliance. However, subsection (3) provides that it is not an offence for the driver to fail to report if another driver has reported the malfunction. Part 7.4 Powers, duties and obligations of intelligent access service providers Section 409 authorises an intelligent access service provider to collect and hold information for the purposes of relevant monitoring of an intelligent access vehicle. Annexure 1 -- 210 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 207 Authorised by the Chief Parliamentary Counsel Section 410 imposes on the intelligent access service provider an obligation to take all reasonable steps to ensure that information collected is appropriate, is not excessive, and is accurate, complete and up to date. A maximum penalty of $6000 applies for noncompliance. A further obligation is imposed under subsection (2) to take all reasonable steps to ensure that the collection of information does not intrude to an unreasonable extent on the personal privacy of an individual to whom it relates. A maximum penalty of $6000 applies for noncompliance. Section 411 requires the intelligent access service provider to keep records of the intelligent access information collected in such a way as to allow the records to be conveniently and properly audited by an intelligent access auditor. A maximum penalty of $6000 applies for non-compliance. An intelligent access auditor is defined in section 5 as a person engaged by TCA for auditing activities conducted by intelligent access service providers. Section 412 imposes obligations on an intelligent access service provider to protect intelligent access information. It states that a provider must take all reasonable steps to protect the information collected from unauthorised access, unauthorised use, misuse, loss, modification or unauthorised disclosure. A maximum penalty of $6000 applies for noncompliance. Section 413 states that an intelligent access service provider must make a document setting out its policies as to how it manages personal information publicly available. A maximum penalty of $6000 applies for noncompliance. Under subsection (2), the provider must also, if requested by an individual about whom the provider holds personal information, provide specified information to the individual within 28 days after receiving the request if the provider can reasonably do so. A maximum penalty of $6000 applies for noncompliance. Annexure 1 -- 211 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 208 Authorised by the Chief Parliamentary Counsel However, subsection (3) clarifies that the provider is not required to inform the individual of any reports made by the provider to the Regulator under sections 422 or 423 of relevant contraventions or of tampering or suspected tampering with an approved intelligent transport system. Section 414 imposes an obligation on an intelligent access service provider who holds personal information about an individual to give the individual access to that information upon request, as soon as practicable and without cost. A maximum penalty of $6000 applies for noncompliance. Note that personal information is defined in section 5 to mean information or an opinion, including such information 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. However, for it to be personal information under Chapter 7 it must be such personal information that is intelligent access information or otherwise collected for the purposes of Chapter 7, as set out in the definition in section 403. Subsection (2) clarifies that the intelligent access service provider is not required to give the individual access to any reports made by the provider to the Regulator under sections 422 or 423 of relevant contraventions or of tampering or suspected tampering with an approved intelligent transport system. Section 415 deals with the making of changes to personal information held about an individual upon request by that individual. Subsection (2) imposes an obligation on the intelligent access service provider to make the requested change if the provider is satisfied that it is appropriate to do so to ensure the accuracy, completeness and currency of the information. A maximum penalty of $6000 applies for noncompliance. Annexure 1 -- 212 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 209 Authorised by the Chief Parliamentary Counsel If the provider is not satisfied as to the appropriateness of the requested change, it may refuse the request. In that case, it must notify the individual of its reasons for refusing and of the individual’s right to request the provider to attach to or include with the information the individual’s request for a change to the information or a record of it. If the individual makes that request, the provider must do so. A maximum penalty of $6000 applies for not notifying the individual or not complying with the individual’s request to attach the individual’s request for a change to the information or a record of it. Section 416 creates an offence for an intelligent access service provider to use or disclose intelligent access information other than as required or authorised under this Law or another law. A maximum penalty of $6000 applies. As well as protection of an individual’s personal information, this section also seeks to protect information generated, recorded, stored, displayed, analysed, transmitted or reported by an approved intelligent transport system which is commercially sensitive or which relates to an individual’s or an operator’s business affairs from improper disclosure. Section 417 requires an intelligent access service provider to give an intelligent access auditor access to the records kept for the purposes of this Chapter. A maximum penalty of $6000 applies for noncompliance. Section 418 specifies how an intelligent access service provider may use and disclose intelligent access information. Subsection (1) authorises the service provider to use the information collected for monitoring the relevant monitoring matters for an intelligent access vehicle. The term ‘relevant monitoring matters’ is defined in section 403 and relates to monitoring of a relevant vehicle’s compliance with intelligent access conditions (as defined in section 402). Annexure 1 -- 213 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 210 Authorised by the Chief Parliamentary Counsel Subsection (2) authorises the service provider to disclose the information to the Regulator for compliance purposes. The term ‘compliance purposes’ is defined in section 5 to mean monitoring purposes or investigation purposes (both of which are also defined in section 5). Subsection (3) authorises the service provider to disclose intelligent access information to— • an authorised officer, other than a police officer, for law enforcement purposes (a defined term in section 5) if so authorised by a warrant issued under this Law; or • 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. Subsection (4) defines the circumstances in which an authorised officer or a police officer to whom a disclosure has been made under this section may further use or disclose the information. Those circumstances include law enforcement purposes, or a purpose otherwise authorised under this Law or any other law. Subject to subsection (6), subsection (5) authorises the service provider to disclose the information to an operator, where that information is about the operator. Subsection (6) provides that the provider is not required to disclose to operators information relating to noncompliance reports. A ‘noncompliance report’ is defined in section 403 as a report made by an approved intelligent transport system that reports a relevant contravention for an intelligent access vehicle and/or apparent tampering with or malfunctioning of the system. Subsection (7) authorises disclosure to other parties of information about an operator if the operator gives written consent and the information does not identify or enable the identification of an individual other than the operator. Subsection (8) authorises the use and disclosure of personal information about an individual if the individual gives written consent. Annexure 1 -- 214 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 211 Authorised by the Chief Parliamentary Counsel The whole of section 418 is, by reason of subsection (9), subject to section 424. That section expressly restricts the disclosure of information about tampering or suspected tampering with an approved intelligent transport system to any entity, other than disclosure to the Regulator. Section 419 imposes obligations on an intelligent access service provider who uses or discloses intelligent access information to make a record of the use or disclosure within 7 days. The record must contain the information specified in subsection (2) and must be in a form to enable it to be readily accessible by an intelligent access auditor at the place where it is kept. A maximum penalty of $6000 applies for noncompliance. Under subsection (3) the record must be retained for at least 2 years, and a maximum penalty of $6000 applies for noncompliance. Section 420 states that where an intelligent access system generates a noncompliance report (as defined in section 403), the intelligent access service provider is required to retain a copy of the report and the information relied on to make the report for at least 4 years. A maximum penalty of $6000 applies for noncompliance. Section 421 imposes obligations on the intelligent access service provider to destroy specified information, except in the case of a noncompliance report and supporting information that the provider is required to keep under section 419. The provider must take all reasonable steps to destroy intelligent access information within 1 year of its collection. In addition, the provider must take all reasonable steps to destroy a record of the provider’s use or disclosure of intelligent access information made under section 419 within 1 year after the expiry of the time that the record is required be kept. A maximum penalty of $6000 applies for noncompliance. Section 422 provides that an intelligent access service provider must give the Regulator a report in the approved form within 7 days of knowing of a relevant contravention for an intelligent access vehicle. The term ‘approved form’ is defined in section 5 to mean a form approved by the Regulator under section 735. Annexure 1 -- 215 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 212 Authorised by the Chief Parliamentary Counsel The term ‘relevant contravention’ is defined in section 403. A maximum penalty of $6000 applies for non-compliance. Subsection (3) deems the access service provider to know of a relevant contravention if it has been detected by the provider’s monitoring equipment. Section 423 imposes obligations on an intelligent access service provider who knows or has reasonable grounds to suspect tampering with an intelligent transport system to report the matter to the Regulator within 7 days and in the approved form (defined in section 5 to mean a form approved by the Regulator under section 671). A maximum penalty of $6000 applies for noncompliance. Subsection (2) requires an intelligent access service provider to notify TCA of its knowledge or suspicion that a back-office intelligent transport system (a defined term) has been tampered with. A maximum penalty of $6000 applies for noncompliance. Subsection (3) clarifies that a provider is not taken to know or have reasonable grounds to suspect tampering merely because the provider has accessed a report made by the system indicating that apparent tampering has been detected electronically or has analysed information generated by the system. This provision recognises that the provider will usually need to check and analyse such reports because there could be malfunctions or other innocent causes to account for what the system has detected or generated. Section 424 restricts an intelligent access service provider who knows of or has reasonable grounds to suspect tampering with an approved intelligent transport system disclosing that knowledge or suspicion or information from which that knowledge or suspicion could be reasonably inferred. Disclosure of such matters can only be made to the Regulator or TCA, unless such disclosure is authorised under another law. A maximum penalty of $6000 applies for noncompliance. As with section 423(3), subsection (2) clarifies that a provider is not taken to know or have reasonable grounds to suspect tampering merely because the provider has accessed a report made by the system indicating that apparent tampering has been Annexure 1 -- 216 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 213 Authorised by the Chief Parliamentary Counsel detected electronically or has analysed information generated by the system. Subsection (3) prohibits a provider who has reported to the Regulator under section 423(1) of apparent or suspected tampering from disclosing that the report has been made or information from it could be reasonably inferred that the report has been made. Disclosure of such matters can only be made to the Regulator, unless such disclosure is authorised under another law. A maximum penalty of $6000 applies for noncompliance. Subsection (4) prohibits a provider who has reported to TCA under section 423(2) of apparent or suspected tampering from disclosing that the report has been made or information from it could be reasonably inferred that the report has been made. Disclosure of such matters can only be made to the Regulator or TCA, unless such disclosure is authorised under another law. A maximum penalty of $6000 applies for noncompliance. Part 7.5 Functions, powers, duties and obligations of TCA Section 425 sets out the functions of TCA as approving intelligent transport systems, certifying service providers, and auditing the activities of those certified. The section also enables TCA to engage individuals, consultants and contractors to assist it in the performance of its audit functions and makes it clear that TCA’s functions include cancelling the approval of intelligent transport systems for use by intelligent access service providers and approving and cancelling the certification of intelligent access service providers. Subsection (2) clarifies that 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. Section 426 authorises TCA to collect and hold intelligent access information for discharging its functions and for law enforcement purposes. Annexure 1 -- 217 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 214 Authorised by the Chief Parliamentary Counsel Section 427 requires TCA to take all reasonable steps to ensure that the information it collects is necessary, is not excessive, and is accurate, complete and up to date. It must also take all reasonable steps to ensure that the collection of information does not intrude to an unreasonable extent on the personal privacy of an individual to whom the information relates. Section 428 requires TCA to take all reasonable steps to protect the information collected from unauthorised access, unauthorised use, misuse, loss, modification or unauthorised disclosure. Section 429 states that TCA must make a document setting out its policies as to how it manages personal information publicly available. Under subsection (2), TCA must also, if requested by an individual about whom it holds personal information, provide specified information to the individual within 28 days after receiving the request if it can reasonably do so. However, subsection (3) clarifies that TCA is not required to inform the individual of any reports made under the following sections: • 422 – being a report by an intelligent access service provider to the Regulator relating to relevant contraventions for an intelligent access vehicle; • 423 – being a report by an intelligent access service provider to the Regulator relating to tampering or suspected tampering with an approved intelligent transport system; • 438 – being a report by TCA to the Regulator relating to tampering or suspected tampering with, or malfunction or suspected malfunction of, an approved intelligent transport system; • 451 – being a report by an intelligent access auditor to TCA relating to contraventions by an intelligent access service provider; and Annexure 1 -- 218 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 215 Authorised by the Chief Parliamentary Counsel • 452 – being a report by an intelligent access auditor to the Regulator or TCA relating to tampering or suspected tampering with an approved intelligent transport system. Section 430 states that upon request by an individual in relation to whom TCA holds personal information, TCA must give the individual access to the information without cost or undue delay. Note that personal information is defined in section 5 to mean information or an opinion, including such information 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. However, for it to be personal information under Chapter 7 it must be such personal information that is intelligent access information or otherwise collected for the purposes of Chapter 7, as set out in the definition in section 403. However, subsection (3) clarifies that TCA is not required to inform the individual of any reports made under the following sections: • 422 – being a report by an intelligent access service provider to the Regulator relating to relevant contraventions for an intelligent access vehicle; • 423 – being a report by an intelligent access service provider to the Regulator relating to tampering or suspected tampering with an approved intelligent transport system; • 438 – being a report by TCA to the Regulator relating to tampering or suspected tampering with, or malfunction or suspected malfunction of, an approved intelligent transport system; • 451 – being a report by an intelligent access auditor to TCA relating to contraventions by an intelligent access service provider; and • 452 – being a report by an intelligent access auditor to the Regulator or TCA relating to tampering or suspected tampering with an approved intelligent transport system. Annexure 1 -- 219 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 216 Authorised by the Chief Parliamentary Counsel Section 431 deals with the making of changes to personal information held about an individual upon request by that individual. Subsection (2) imposes an obligation on TCA to make the requested change if satisfied that it is appropriate to do so to ensure the accuracy, completeness or currency of the information. Subsections (3) and (4) state that, if TCA is not satisfied as to the appropriateness of the requested change, it may refuse the request. In that case, it must notify the individual of its reasons for refusing and of the individual’s right to request TCA to attach to or include with the information the individual’s request for a change to the information or a record of it. If the individual makes that request, TCA must do so. Section 432 creates an offence for TCA to use or disclose intelligent access information other than as required or authorised under this Law or another law. A maximum penalty of $6000 applies. As well as protection of an individual’s personal information, this section also seeks to protect information generated, recorded, stored, displayed, analysed, transmitted or reported by an approved intelligent transport system which is commercially sensitive or which relates to an individual’s or an operator’s business affairs from improper disclosure. Section 433 specifies how TCA may use and disclose intelligent access information. Subsection (1) authorises TCA to use or disclose the information for the discharge of its functions (set out in section 425) or for law enforcement purposes. The term ‘law enforcement purposes’ is defined in section 403 and refers to the investigation or prosecution of an offence against an Australian road law (defined in section 5 to mean this Law or another law of a State or Territory that regulates the use of vehicles on roads). Annexure 1 -- 220 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 217 Authorised by the Chief Parliamentary Counsel Subsection (2) authorises TCA to disclose the information to the Regulator, if satisfied the information is relevant to the Regulator’s functions under this Law. The Regulator’s functions are set out in section 659. Subsection (3) authorises TCA to disclose the information to an intelligent access auditor, if satisfied the information is relevant to an intelligent access audit being conducted. Subsection (4) authorises TCA to disclose the information to the operator of an intelligent access vehicle, where that information is about the operator. Subsection (5) authorises disclosure to other parties of information about an operator if the operator gives written consent and the information does not identify or enable the identification of an individual other than the operator. Under subsection (6), TCA may use or disclose information for research purposes if no personal information is involved. Subsection (7) authorises the use and disclosure of personal information about an individual if the individual gives written consent. The whole of section 433 is, by reason of subsection (8), subject to section 439. That section expressly restricts the disclosure of information about tampering or suspected tampering with an approved intelligent transport system to any entity, other than disclosure to the Regulator. Section 434 states that TCA must not use or disclose certain information unless it is reasonably satisfied that the information is accurate, complete and up to date. Section 435 imposes obligations on TCA, if it uses or discloses intelligent access information, to make a record of the use or disclosure within 7 days. The record must contain the information specified in subsection (2) and must be in a form to enable it to be readily accessible by an authorised officer at the place where it is kept. Under subsection (3) the record must be retained for at least 2 years. Annexure 1 -- 221 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 218 Authorised by the Chief Parliamentary Counsel Section 436 provides that where TCA receives a noncompliance report, it is required to retain the report for at least 4 years. The term ‘noncompliance report’ is defined in section 403 to mean a report made by an approved intelligent transport system of a relevant contravention for an intelligent access vehicle and/or apparent tampering with, or malfunctioning of, the system. Section 437 imposes obligations on TCA to destroy intelligent access information collected by it or to remove personal information from it, except in the case of a noncompliance report that TCA is required to keep under section 436. Subsection (1) requires TCA to take all reasonable steps to destroy information collected 1 year after collection unless the information is required for law enforcement purposes. If it is required for law enforcement purposes, the obligation to take all reasonable steps to destroy the information applies as soon as practicable after it ceases to be required for those purposes. Under subsection (2), TCA will be taken to have complied with subsection (1) if it permanently removes from that information anything by which an individual can be identified. Section 438 states that if TCA knows of or has reasonable grounds to suspect tampering with or malfunctioning of an intelligent transport system fitted to a vehicle, it must report the matter to the Regulator within 7 days. Subsection (2) clarifies that TCA is not taken to know or have reasonable grounds to suspect tampering or malfunctioning merely because it has accessed a report made by the system indicating that apparent tampering or malfunctioning has been detected electronically or because it has analysed information generated by the system. This provision recognises that TCA will usually need to check and analyse such reports because there could be innocent causes to account for what the system has detected or generated. Section 439 restricts TCA, if it knows of or has reasonable grounds to suspect tampering with an approved intelligent transport system, from disclosing that knowledge or suspicion or information from which that knowledge or suspicion could be reasonably inferred. Disclosure of such matters can only be Annexure 1 -- 222 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 219 Authorised by the Chief Parliamentary Counsel made to the Regulator, unless such disclosure is authorised under another law. As with subsection 438(2), subsection (2) clarifies that TCA is not taken to know or have reasonable grounds to suspect tampering merely because it has accessed a report made by the system indicating that apparent tampering has been detected electronically or has analysed information generated by the system. Subsection (3) prohibits TCA, if it has reported to the Regulator under section 438 of apparent or suspected tampering from disclosing that the report has been made or information from it could be reasonably inferred that the report has been made. Disclosure of such matters can only be made to the Regulator, unless such disclosure is authorised under another law. Part 7.6 Powers, duties and obligations of intelligent access auditors Section 440 sets out that an intelligent access auditor is authorised to collect and hold intelligent access information for conducting an intelligent access audit. An intelligent access auditor is defined in section 5 as a person engaged by TCA for auditing activities conducted by intelligent access service providers. An intelligent access audit is defined in section 403. Section 441 imposes on an intelligent access auditor an obligation to take all reasonable steps to ensure that the information it collects is necessary, is not excessive, and is accurate, complete and up to date . A maximum penalty of $6000 applies for noncompliance. A further obligation is imposed under subsection (2) to take all reasonable steps to ensure that the collection of information does not intrude to any unreasonable extent on the personal privacy of an individual to whom it relates. A maximum penalty of $6000 applies for noncompliance. Annexure 1 -- 223 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 220 Authorised by the Chief Parliamentary Counsel Section 442 states that an intelligent access auditor must also take all reasonable steps to protect the information collected from unauthorised access, unauthorised use, misuse, loss, modification or unauthorised disclosure. A maximum penalty of $6000 applies for noncompliance. Section 443 provides, in subsection (1) that an intelligent access auditor must, if it is reasonably practicable to do so, within 28 days of a request by an individual about whom the auditor holds personal information, give specified information to that individual. A maximum penalty of $6000 applies for noncompliance. Subsection (2) clarifies that nothing in subsection (1) requires the auditor to inform the individual of any reports made under the following sections: • 422 – being a report by an intelligent access service provider to the Regulator relating to relevant contraventions for an intelligent access vehicle; • 423 – being a report by an intelligent access service provider to the Regulator relating to tampering or suspected tampering with an approved intelligent transport system; • 438 – being a report by TCA to the Regulator relating to tampering or suspected tampering with, or malfunction or suspected malfunction of, an approved intelligent transport system; • 451 – being a report by an intelligent access auditor to TCA relating to contraventions by an intelligent access service provider; and • 452 – being a report by an intelligent access auditor to the Regulator or TCA relating to tampering or suspected tampering with an approved intelligent transport system. Section 444 imposes an obligation on an intelligent access auditor who holds personal information about an individual to give the individual access to that information upon request, without cost or undue delay. A maximum penalty of $6000 applies for noncompliance. Annexure 1 -- 224 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 221 Authorised by the Chief Parliamentary Counsel Subsection (2) clarifies that nothing in subsection (1) requires the auditor to give the individual access to any reports made under the following sections: • 422 – being a report by an intelligent access service provider to the Regulator relating to relevant contraventions for an intelligent access vehicle; • 423 – being a report by an intelligent access service provider to the Regulator relating to tampering or suspected tampering with an approved intelligent transport system; • 438 – being a report by TCA to the Regulator relating to tampering or suspected tampering with, or malfunction or suspected malfunction of, an approved intelligent transport system; • 451 – being a report by an intelligent access auditor to TCA relating to contraventions by an intelligent access service provider; and • 452 – being a report by an intelligent access auditor to the Regulator or TCA relating to tampering or suspected tampering with an approved intelligent transport system. Section 445 deals with the making of changes to personal information held about an individual upon request by that individual. Subsection (2) imposes an obligation on the intelligent access auditor to make the requested change if the auditor is satisfied that it is appropriate to do so to ensure the accuracy, completeness and currency of the information. A maximum penalty of $6000 applies for noncompliance. If the auditor is not satisfied as to the appropriateness of the requested change, it may refuse the request. In that case, it must notify the individual of its reasons for refusing and of the individual’s right to request the auditor to attach to or include with the information the individual’s request for a change to the information or a record of it. If the individual makes that request, the auditor must do so. A maximum penalty of $6000 applies for not notifying the individual or not complying with Annexure 1 -- 225 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 222 Authorised by the Chief Parliamentary Counsel the individual’s request to attach the individual’s request for a change to the information or a record of it. Section 446 creates an offence for an intelligent access auditor to use or disclose intelligent access information other than as required or authorised under this Law or another law. A maximum penalty of $6000 applies. As well as protection of an individual’s personal information, this section also seeks to protect information generated, recorded, stored, displayed, analysed, transmitted or reported by an approved intelligent transport system which is commercially sensitive or which relates to an individual’s or an operator’s business affairs from improper disclosure. Section 447 specifies how an intelligent access auditor may use and disclose intelligent access information. Subsection (1) states that an auditor may use and disclose the information collected for the following purposes: • conducting an intelligent access audit (as defined in section 403); • reporting to TCA relevant contraventions by an intelligent access vehicle, tampering or suspected tampering with an approved transport system by an operator or by an intelligent access service provider, and a failure by an intelligent access service provider to comply with the provider’s obligations under this Chapter. Subsection (2) authorises the auditor to disclose the information to the Regulator, if satisfied the information is relevant to the Regulator’s functions under this Law. The Regulator’s functions are set out in section 659. Subsection (3) authorises the auditor to disclose the information to TCA, if satisfied the information is relevant to TCA’s functions under this Chapter. TCA’s functions are set out in section 425. Subsection (4) authorises the auditor to disclose the information to the operator of an intelligent access vehicle, where that information is about the operator. Annexure 1 -- 226 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 223 Authorised by the Chief Parliamentary Counsel Subsection (5) authorises the use and disclosure of personal information about an individual if the individual gives written consent. The whole of section 447 is, by reason of subsection (6), subject to section 453. That section expressly restricts the disclosure of information about tampering or suspected tampering with an approved intelligent transport system to any entity, other than disclosure to the Regulator. Section 448 provides that an auditor must not use or disclose information unless it is reasonably satisfied that the information is accurate, complete and up to date. A maximum penalty of $6000 applies for noncompliance. Section 449 imposes obligations on an intelligent access auditor who uses or discloses intelligent access information to make a record of the use or disclosure within 7 days. The record must contain the information specified in subsection 401(2) and must be in a form to enable it to be readily accessible by an authorised officer at the place where it is kept. A maximum penalty of $6000 applies for noncompliance. Under subsection 401(3) the record must be retained for at least 2 years, and a maximum penalty of $6000 applies for noncompliance. Section 450 states that an intelligent access auditor is required to take all reasonable steps to destroy information held by the auditor if it is no longer required for an intelligent access audit. A maximum penalty of $6000 applies for noncompliance. Under subsection (2), an auditor will be taken to have complied with the requirement if the auditor permanently removes anything by which an individual can be identified from the information. Section 451 requires an auditor who knows or has reasonable grounds to suspect that an intelligent access service provider has contravened an obligation under this Chapter to, as soon as practicable, report the matter to TCA. A maximum penalty of $6000 applies for noncompliance. Annexure 1 -- 227 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 224 Authorised by the Chief Parliamentary Counsel Section 452 imposes an obligation on an auditor knows or has reasonable grounds to suspect tampering with an intelligent transport system to, as soon as practicable, report the matter to the Regulator (where an operator is known or suspected) or to TCA (where an intelligent access service provider is known or suspected). A maximum penalty of $6000 applies for noncompliance. Section 453 restricts an intelligent access auditor who knows of or has reasonable grounds to suspect tampering with an approved intelligent transport system disclosing that knowledge or suspicion or information from which that knowledge or suspicion could be reasonably inferred. Disclosure of such matters can only be made to the Regulator or TCA, unless such disclosure is authorised under another law. A maximum penalty of $6000 applies for noncompliance. Subsection (2) prohibits an auditor who has reported to the Regulator or TCA under section 452 of apparent or suspected tampering from disclosing that the report has been made or information from it could be reasonably inferred that the report has been made. Disclosure of such matters can only be made to the Regulator or TCA, unless such disclosure is authorised under another law. A maximum penalty of $6000 applies for noncompliance. Part 7.7 Other provisions Section 454 creates an offence, in subsection (1) to tamper with an intelligent transport system with the intention of causing it to fail to generate, record, store, display, analyse, transmit or report intelligent access information or to fail to do so correctly. A penalty of $10000 applies. Subsection (2) creates an offence to engage in the same conduct when the person is negligent or reckless rather than intentional in that conduct. A maximum penalty of $8000 applies. Subsection (3) provides an extended definition of fail for the purposes of this section. Annexure 1 -- 228 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 225 Authorised by the Chief Parliamentary Counsel Section 455 empowers the Regulator to issue a distinguishing number (which may consist of numbers or letters or a combination of both) for an intelligent access vehicle to identify it as such a vehicle. This is called an intelligent access identifier. An entity that knows the identifier and is able to associate it with a particular individual must treat it as personal information for the purposes of this Chapter or a law relating to privacy. Chapter 8 Accreditation Part 8.1 Preliminary Section 456 states that 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 those aspects. Section 457 provides definitions for terms used in Chapter 8. Part 8.2 Grant of heavy vehicle accreditation Section 458 empowers the Regulator to grant an operator of a heavy vehicle the following types of accreditation for a period of not more than 3 years: • maintenance management accreditation, exempting the vehicle from the requirement to be inspected before registration of the vehicle may be renewed under this Law; • mass management accreditation, allowing the vehicle to operate at concessional mass limits or higher mass limits; • BFM accreditation, allowing drivers of the vehicle to operate under BFM hours (which are defined in section 253); and • AFM accreditation, allowing drivers of the vehicle to operate under AFM hours (which are defined in section 257). Annexure 1 -- 229 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 226 Authorised by the Chief Parliamentary Counsel Section 459 prescribes formal requirements for making an application for heavy vehicle accreditation. Subsection (2) deals with the form of the application and what must accompany it. This includes a statement that the applicant has a relevant management system (defined in section 457 to be one relevant to the type of accreditation sought) for ensuring compliance with the relevant standards and business rules (defined in section 457 to be those relevant to the type of accreditation sought, which are approved by the responsible Ministers under section 654) and a statement from an approved auditor (being a person defined in section 457 to be an auditor of a class approved by the responsible Ministers under section 654) that the applicant’s management system will ensure compliance with those standards and business rules. Subsection (3) requires the application to be accompanied by a declaration specifying various matters relevant to whether the applicant or an associate of the applicant has been convicted of specified offences and whether the applicant or an associate of the applicant has had their accreditation amended, suspended or cancelled. The term ‘associate’ is defined in section 5 so as to include a number of individuals and corporations having a personal, employment or business relationship with the applicant. Subsection (4) clarifies that the declaration does not need to include information about an amended, suspended or cancelled accreditation that occurred because of a conviction that the operator is not required to declare. Subsection (5) empowers the Regulator to require additional information or verify information by statutory declaration. Section 460 provides for the obtaining of criminal history information about an application for heavy vehicle accreditation. The Regulator may, by notice, request an applicant for written consent to obtain the applicant’s prescribed criminal history (defined in sub-section (6) as information about any conviction of the applicant within the previous 5 years of an offence against this Law or a previous corresponding law, as defined in section 5, or an offence involving fraud or dishonesty Annexure 1 -- 230 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 227 Authorised by the Chief Parliamentary Counsel punishable by imprisonment of 6 months or more). If the consent is not forthcoming or is withdrawn, the application is taken to have been withdrawn. If the written consent is given, the Regulator may request a written report from a police commissioner and such request may include specified particulars. The police commissioner must give the requested report to the Regulator. Section 461 limits the Regulator’s power to grant a heavy vehicle accreditation. Under subsection (1) the Regulator may only grant the accreditation if satisfied as to the applicant’s systems for operating under the accreditation, ability to comply with the Law and suitability for accreditation. Where the application is for AFM accreditation, the Regulator must also be satisfied that the applicant’s AFM fatigue management system and the maximum work times and minimum rest times that are to apply would safely manage the risk of driver fatigue if complied with, that the applicant and drivers operating under the accreditation are likely to consistently and effectively follow the driver fatigue management practices, and the drivers are likely to comply with the maximum work and minimum rest times. Subsection (2) deals with further matters that the Regulator must be satisfied of or have regard to in setting the maximum work times and minimum rest times that are to apply to drivers operating under AFM accreditation. Subsection (3) makes it clear that, for an AFM accreditation, the Regulator may set maximum work and minimum rest times different from those sought by the applicant. Subsection (4)(a) specifies matters the Regulator may consider in deciding an application and subsection (4)(b) requires the Regulator to have regard to the approved guidelines (defined in section 5 as guidelines approved by responsible Ministers under section 653) for granting heavy vehicle accreditations under this Law. Annexure 1 -- 231 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 228 Authorised by the Chief Parliamentary Counsel Section 462 states that a heavy vehicle accreditation is subject to the condition that the applicant must comply with the relevant standards and business rules (approved by the responsible Ministers) and may be subject to such other conditions as the Regulator may impose. Section 463 provides that the heavy vehicle accreditation may be for such period as is stated in the accreditation certificate (issued by the Regulator under section 464), which may be less than the period the applicant sought. Section 464 states that if a heavy vehicle accreditation is granted, the Regulator must give the applicant an accreditation certificate containing the information set out in subsection (2). Where the accreditation is subject to conditions not sought by the applicant, granted for a period less than the period the applicant sought, or for AFM accreditation sets maximum work and minimum rest times different from those sought by the applicant, the Regulator must also give the applicant an information notice. An information notice is defined in section 5 as a notice stating the decision, the reasons for the decision and the review and appeal information (also defined in section 5) for the decision. Section 465 states that if the Regulator refuses an application, an information notice must be given to the applicant. An information notice is defined in section 5 as a notice stating the decision, the reasons for the decision and the review and appeal information (also defined in section 5) for the decision. Section 466 deals with maintenance management accreditation and mass management accreditation. It states that the Regulator must issue an accreditation label for each vehicle currently operating under the relevant accreditation. The requirement of a label for a participating vehicle is an important aid to enforcement because it enables ready recognition of the vehicles that are covered by the relevant accreditation. It also offers significant advantage to operators and drivers in that those vehicles that have an accreditation label attached should not be subjected to the delays associated with maintenance and mass checks that might otherwise occur. Annexure 1 -- 232 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 229 Authorised by the Chief Parliamentary Counsel Part 8.3 Operating under heavy vehicle accreditation Section 467 requires the holder of a BFM accreditation or AFM accreditation to comply with the conditions of the accreditation. A maximum penalty of $6000 applies. Section 468 imposes obligations in relation to the driver carrying accreditation details. Subsection (1) requires the driver of a vehicle operating under a heavy vehicle accreditation to keep in the driver’s possession a copy of the accreditation certificate and a document signed by the operator stating that the driver is operating under the accreditation, has been inducted into the operator’s relevant management system and meets the requirements applying to drivers under the accreditation (if any). In the case of a driver operating under AFM accreditation, this also includes a document stating the AFM hours (defined in section 257) applying under the accreditation. A maximum penalty of $3000 applies. Subsection (3) provides that if an offence against subsection (1) is committed involving the driver, the operator commits an offence, to which a like penalty applies. Extending liability for the driver’s non-compliance to the operator is to encourage those who obtain accreditation benefits to ensure that the accreditation documentation is with the vehicle at all times. This will assist compliance, by ensuring drivers are aware of the accreditation conditions and enabling authorised officers to readily ascertain whether a driver or a vehicle are operating under a relevant accreditation and the conditions applying to the accreditation. When an operator is charged with an offence under this section that person does not have the benefit of the mistake of fact defence for the offence. However, the operator does have the benefit of the reasonable steps defence. That defence is set out in Divisions 1 and 2 of Part 10.4. The reasonable steps defence requires that person charged must actively consider the Annexure 1 -- 233 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 230 Authorised by the Chief Parliamentary Counsel appropriate steps to prevent an on-road breach from occurring and cannot rely on a honest and reasonable mistake alone. Subsections (6) specifies certain matters that are irrelevant in a proceeding and matters that constitute evidence in a proceeding against the operator. It provides that: • it is irrelevant whether or not the driver has been or will be proceeded against or convicted. Thus it is not necessary to take action against a driver or to obtain a conviction against a driver in order to proceed against the operator; • evidence a court has convicted a driver is evidence that the offence happened at the time and place, and in the circumstances, stated in the charge resulting in the conviction • evidence of the details in an infringement notice issued for the offence is evidence the offence happened at the time and place, and in the circumstances, stated in the infringement notice. • These are intended to facilitate proof of the relevant facts. Section 469 states that where a driver stops operating under a heavy vehicle accreditation or ceases to meet its requirements, the driver must return to the operator, as soon as reasonably practicable, the documentation which the operator provided under section 468(1). A maximum penalty of $4000 applies. Section 470 imposes obligations on an operator who holds a heavy vehicle accreditation. Subsection (1) requires the operator to ensure that each driver who operates under the accreditation has been inducted into the operator’s relevant management system and meets at all times the requirements of the accreditation applying to drivers. A maximum penalty of $6000 applies. Where the accreditation is an AFM accreditation, subsection (3) also requires the operator to ensure that each driver is informed of the AFM hours (defined in section 257) applying under the accreditation. A maximum penalty of $6000 applies. Annexure 1 -- 234 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 231 Authorised by the Chief Parliamentary Counsel Subsection (4) requires an operator who is the holder of: • AFM or BFM accreditation to keep a list of the drivers operating under the accreditation; and • mass management accreditation or maintenance management accreditation to keep a current list of heavy vehicles to which the operator’s accreditation relates. A maximum penalty of $6000 applies. Subsection (5) requires the accreditation certificate to be kept while the accreditation is current and the other documents for at least 3 years after their creation. A maximum penalty of $6000 applies. Subsection (6) requires that a document must be kept in a way that ensures it is readily accessible by an authorised officer at the place where it is kept, and reasonably capable of being understood by the authorised officer, and capable of being used as evidence. A maximum penalty of $3000 applies. If required under subsection (7) by the Regulator by notice to do so, an operator must provide the Regulator with a copy of the list referred to in subsection (4)(b) or (c), together with details of any change to the list, unless the operator has a reasonable excuse. A maximum penalty of $3000 applies. Subsection (9) clarifies that the obligations under subsections (4) to (6) do not apply to an accreditation certificate where it is already in the Regulator’s possession (unless the Regulator has returned it or given the operator a replacement accreditation certificate) or where it has been defaced, destroyed, lost or stolen (unless the Regulator has given the operator a replacement accreditation certificate). Section 471 applies where a heavy vehicle accreditation is amended or suspended or is no longer held by an operator. Subsection (2) requires the operator, as soon as practicable, to notify affected drivers and schedulers. A maximum penalty of $6000 applies. Annexure 1 -- 235 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 232 Authorised by the Chief Parliamentary Counsel A driver who is given such a notice must, as soon as is reasonably practicable, return to the operator any document relevant to the notice given to the driver for the purposes of section 468(1). A maximum penalty of $4000 applies. Section 468(1) relates to a copy of the accreditation certificate and a document signed by the operator stating that the driver is operating under the accreditation, has been inducted into the operator’s relevant management system and meets the requirements applying to drivers under the accreditation (if any). In the case of a driver operating under AFM accreditation, this also includes a document stating the AFM hours (defined in section 257) applying under the accreditation. Part 8.4 Amendment or cancellation of heavy vehicle accreditation Section 472 authorises applications to the Regulator for amendment or cancellation of a heavy vehicle accreditation. It includes what must be in an application, when an application must be decided, provisions dealing with the replacement of an accreditation certificate affected by amendment to the accreditation and information to be provided to an applicant about the Regulator’s decision. Section 473 deals with the amendment, suspension or cancellation of a heavy vehicle accreditation on the Regulator’s initiative. Subsection (1) specifies the grounds for the Regulator to amend, suspend or cancel the accreditation. Subsections (2) to (5) deal with the procedures to be followed, including notification requirements and giving the holder an opportunity to make written representations. Section 474 empowers the Regulator to immediately suspend a heavy vehicle accreditation where it considers that a ground exists to suspend or cancel an accreditation and believes that it is necessary to immediately suspend the accreditation to prevent or minimise serious harm to public safety (which is defined in section 5). Annexure 1 -- 236 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 233 Authorised by the Chief Parliamentary Counsel Section 475 allows minor amendments of a formal or clerical nature or that do not adversely affect the holder’s interest. The Regulator must notify the holder of such amendments. Part 8.5 Other provisions about heavy vehicle accreditations Section 476 states that where the Regulator, by notice, requires a holder of a heavy vehicle accreditation to return an accreditation certificate following amendment, suspension or cancellation of the accreditation, the holder must comply. A maximum penalty of $6000 applies. If the accreditation is amended, subsection (3) requires the Regulator to issue a replacement accreditation certificate. Subsection (4) allows the Regulator to retain an accreditation certificate for the duration of a suspension but requires that it, or a replacement certificate if the accreditation has also been amended, be issued as soon as practicable thereafter. Section 477 provides that where an accreditation certificate has been defaced, destroyed, lost or stolen, the holder must apply to the Regulator as soon as reasonably practicable after becoming aware of the matter, for a replacement accreditation certificate. A maximum penalty of $4000 applies. The Regulator must issue a replacement certificate as soon as practicable, unless the Regulator is not satisfied that the original has been defaced, destroyed, lost or stolen. In that case, the Regulator must give the holder an information notice. An information notice is defined in section 5 as a notice stating the decision, the reasons for the decision and the review and appeal information (also defined in section 5) for the decision. Annexure 1 -- 237 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 234 Authorised by the Chief Parliamentary Counsel Section 478 creates various offences relating to approved auditors, each of which has a maximum penalty of $10000. An approved auditor is defined in section 457 to be an auditor of a class approved by the responsible Ministers under section 654. Subsection (1) provides that a person must not falsely represent that the person is an approved auditor. Subsection (2) prohibits a person from falsely representing that the person is an auditor of a particular approved class. For example, an auditor approved for the purposes of mass management accreditation is prohibited from representing the person was approved for the purpose of AFM accreditation, when no such approval is held. Subsection (3) provides that an approved auditor must not falsely represent that the person has audited an operator’s relevant management system. Under subsection 459(2), an application for heavy vehicle accreditation must be accompanied by a statement from an approved auditor that the auditor considers the applicant’s relevant management system (defined in section 457 to be one relevant to the type of accreditation sought) will ensure compliance with the relevant standards and business rules (defined in section 457 to be those relevant to the type of accreditation sought, which are approved by the responsible Ministers under section 654). Subsection (4) provides that a person must not falsely represent the opinion of an approved auditor as to an operator’s relevant management system. Subsection (5) inserts a new definition of approved class, to support subsection (2). Annexure 1 -- 238 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 235 Authorised by the Chief Parliamentary Counsel Chapter 9 Enforcement Part 9.1 General matters about authorised officers Division 1 Functions Section 479 sets out the functions of authorised officers to monitor, investigate and enforce compliance with the Law, to monitor or investigate whether an occasion has arisen for the exercise of powers and to facilitate the exercise of powers under the Law. Division 2 Appointment Section 480 clarifies that Division 2 does not apply to an authorised officer who is a police officer. The appointment, qualifications, conditions of appointment, term of office and resignation of police officers is covered by other laws. Section 481 authorises the Regulator to appoint authorised officers from specified classes of individuals, provided that the Regulator is satisfied that they have the necessary expertise or experience. Section 482 empowers an authorised officer’s appointment to be subject to conditions (which may restrict the officer’s powers) set out in the instrument of appointment, a notice signed by the Regulator given to the officer or the regulations. Section 483 provides that an officer’s appointment ends if the term for which the appointment was made expires, a condition imposed on the appointment has the effect of ending it or the officer’s resignation takes effect under section 484 (below). Section 484 specifies that an authorised officer may resign by giving a signed notice to the Regulator. However, subsection (2) clarifies that, where the holding of the office of authorised officer is a condition of the officer holding another office, the person cannot resign as an authorised officer without also Annexure 1 -- 239 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 236 Authorised by the Chief Parliamentary Counsel resigning the other office. If, for example, a person was appointed as an authorised officer because of his or her duties as a specified class of employee of a statutory body, it would not be competent for the person to resign only as an authorised officer without also resigning as an employee of that specified class. Division 3 Identity cards Section 485 clarifies that Division 3 does not apply to an authorised officer who is a police officer. Police officers are governed by other laws regulating the issue of, production or display of and return of identity cards . Section 486 requires the Regulator to issue an identity card to each authorised officer. Subsection (2) deals with the information to be shown on the card. The requirements include a recent photo of the officer and an identifying number. The officer’s name does not have to be included, although this will sometimes be evident from the signature, which does need to be included. Subsection (3) allows for a single identity card to be issued for this Law and other purposes. Section 487 states that that an authorised officer must produce or display the authority card when exercising a power in a person’s presence or, if that is not practicable, as soon as reasonably practicable thereafter. However, subsection (3) makes it clear that the mere entry into specified places does not necessitate the production or display of the card. Those are: • a place entered under subsection 495(1)(b) for monitoring purposes, being a place that is open for carrying on a business, otherwise open for entry or required to be open for inspection; or • a place entered under subsection 497(1)(b) for investigation purposes, being a public place when it is open to the public; or Annexure 1 -- 240 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 237 Authorised by the Chief Parliamentary Counsel • a place entered under subsection 497(1)(d) for investigation purposes, being a place that is open for carrying on a business, otherwise open for entry or required to be open for inspection. Section 488 requires a person to return his or her identity card to the Regulator within 21 days of ceasing to hold office as an authorised officer, unless the person has a reasonable excuse. A maximum penalty of $3000 applies. Division 4 Miscellaneous provisions Section 489 states that where a provision in Chapter 9 refers to the exercise of a power by an authorised officer, and does not refer to a specific power, the reference extends to any power exercised under the Chapter or under a warrant, to the extent the powers are relevant. Section 490 specifies that a reference to documents in Chapter 9 includes an image or writing produced from and electronic document and not yet produced but capable of being produced from an electronic document. Section 491 clarifies that the National Law does not authorise the use of force against any person by an authorised officer, or a person assisting them or acting under their direction in the exercise or purported exercise of a function under the National Law. This restriction extends to warrants issued under the national Law. An exception is allowed where the application Act for a jurisdiction authorises the use of force against a person by a police officer. This exception is necessary to ensure the existing powers of police officers are not inadvertently constrained as a consequence of enactment of the National Law. Section 492 clarifies the circumstances in which an authorised officer may use force against property in the exercise of a function under the Law. Annexure 1 -- 241 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 238 Authorised by the Chief Parliamentary Counsel The use of force is authorised under various sections of the National Law. For example, in section 498(6) an authorised officer may use force that is reasonably necessary for gaining entry to places mentioned in section 498(2)(c), where the officer reasonably believes there may be evidence at the place of an offence against the National Law that may be concealed or destroyed unless the place is immediately entered and searched. Section 492 provides for this and other sections where the use of force against property is authorised, it is a condition of that use that the use of force is authorised under the application Act. This approach reflects the divergent and irreconcilable law and policy governing this issue in the states and territories. The restriction does not extend to police officers, who may use force in the circumstances provided in the National Law (and in any other law of the jurisdiction) without further legislative reference. Subsection (4) provides that the application Act of a jurisdiction may include additional circumstances 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. This response is demanded by the conflicting policies applying to these matters in the states and territories. Clause 493 makes it clear the powers provided under this Chapter are exercisable in relation to light vehicles only where the light vehicle is a pilot vehicle or escort vehicle, or where the exercise is necessary to determine whether the vehicle is a heavy vehicle. Annexure 1 -- 242 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 239 Authorised by the Chief Parliamentary Counsel Part 9.2 Powers in relation to places Division 1 Preliminary Section 494 provides definitions of the terms ‘place of business’ and ‘relevant place’. A place of business is the place of a responsible person for a heavy vehicle (as defined in section 5) from which business is carried on, a place occupied in connection with the business or the registered office of the corporation if the person is a body corporate. A relevant place is a place of business (as defined in this section), the relevant garage address of a heavy vehicle, the driver’s base (as defined in section 5) or a place where records required to kept under this Law or a heavy vehicle accreditation (as defined in section 5) are located or are required to be located under this Law or a heavy vehicle accreditation. However, it does not include a place used predominantly for residential purposes. Subsection (2) has the effect, in combination with subsection (1), that the various provisions of the Act that authorise entry of an authorised officer to relevant places to exercise powers, may extend to premises where temporary or casual sleeping or other accommodation is provided there for drivers of heavy vehicles. Division 2 Entry of relevant places for monitoring purposes Section 495 enables an authorised officer to enter a relevant place (as defined in section 494) for monitoring purposes. That term is defined in section 5 to mean finding out whether the Law is being complied with. The officer may enter with the occupier’s consent given in accordance with Division 4 (which makes further provision for entry by consent), provided that the officer complies with section 503, which outlines what an officer must tell a person Annexure 1 -- 243 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 240 Authorised by the Chief Parliamentary Counsel when seeking consent. Subsection (2) provides that, if the power of entry was by consent, it is subject to any conditions attached to that consent. Further, the consent may be withdrawn, at which point the power ceases. An officer may also enter a relevant place which is open for business, otherwise open for entry or required by the Law to be open for inspection. Subsection (3) specifies that, if such a place is unattended, the officer requires consent or a warrant to enter, unless the officer reasonably believes the place is attended. An authorised officer who enters a place under the belief that it is attended, must leave immediately upon determining that it is unattended An officer may not use force to gain entry, but may open unlocked doors, panels and things at a place to gain entry. Section 496 states that, having entered a relevant place under this Division, an authorised officer may, for monitoring purposes (as defined in section 5), do the things set out in this section. These include power to inspect the place, a vehicle at the place or a relevant document (as defined in this section) at the place, to copy or take an extract from such a document or from a relevant device (as defined in this section) at the place, including using a photocopier at the place free of charge, and exercising powers in relation to a heavy vehicle at the place which the officer by exercise under section 520 (which makes further provision for the inspection of heavy vehicles for monitoring purposes). The officer may take onto the place and use any persons, equipment, materials, vehicles or other things to assist the officer. The officer may open unlocked doors, panels or things and move (but not take away) unlocked or unsealed things. Subsection (1)(d) recognises that an officer may need to take away something containing a relevant electronic document (as defined in this section) in order to produce an image or writing from that document where it is not practicable to do this at the place which has been entered. In that event, Annexure 1 -- 244 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 241 Authorised by the Chief Parliamentary Counsel subsection (4) provides that the image or writing must then be produced and the thing returned as soon as practicable. Where entry is under consent, the officer’s powers are subject to the consent conditions. The officer may not use force to exercise a power under this section. Division 3 Entry of places for investigation purposes Section 497 deals with entry into places for investigation purposes. The term ‘investigation purposes’ is defined in section 5 to mean investigating a contravention or suspected contravention of the Law. The places that may be entered are wider than those provided by section 495, dealing with power to enter for monitoring purposes. In addition to those places, an authorised officer may enter a public place when it is open to the public, entry is under warrant and, where there is an occupier at the place, section 510 (dealing with procedures for entry under warrant if there is an occupier at the place) has been complied with, and where entry is authorised under section 498 or section 499 (which deal respectively with entry if evidence is reasonably suspected to be at the place and entry where there has been death, injury or property damage). Subsection (2) clarifies that the requisite belief that triggers the investigation powers in this section can be formed during, after or independently of the monitoring of premises under Division 2 (Entry of relevant places for monitoring purposes). As with section 495(2), subsection (3) provides that, if the power of entry was by consent, it is subject to any conditions attached to that consent. Further, the consent may be withdrawn, at which point the power ceases. Annexure 1 -- 245 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 242 Authorised by the Chief Parliamentary Counsel Subsection (4) provides that, where entry is by warrant, force may be used if reasonably necessary and the entry is subject to the terms of the warrant. If there is no warrant, subsection (8) makes it clear that force cannot be used. Subsection (5) specifies that an officer may not, without consent or a warrant, enter a relevant place which is open for business, otherwise open for entry or required by the Law to be open for inspection where such a place is unattended, unless the officer reasonably believes the place is attended. Also, an authorised officer may not enter such a place, or part of a place, used predominantly for residential purposes. Subsection (6) provides that an authorised officer who enters a place under the belief that it is attended, must leave immediately upon determining that it is unattended. The officer may open unlocked doors, panels or things to gain entry. Section 498 enables an authorised officer to enter a specified place in the circumstances where the officer reasonably believes that either a heavy vehicle is or has been at a place or transport documentation or journey documentation is at the place and that there may be evidence there of an offence against the Law which may be concealed or destroyed unless the place is immediately entered and searched. The terms ‘transport documentation’ and ‘journey documentation’ are defined in section 5 and cover a variety of documents directly or indirectly associated with the transport task . Where those circumstances exist, subsection (2) provides that the authorised officer may enter the place if it is open for business, is otherwise open for entry or is required to be open for inspection under the Law. However, subsection (3) denies the power of entry if the place is unattended (unless the officer reasonably believes the place is unattended) or if it is a place or part of a place used predominantly for residential purposes. Annexure 1 -- 246 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 243 Authorised by the Chief Parliamentary Counsel Subsection (4) provides that an authorised officer who enters a place under the belief that it is attended, must leave immediately upon determining that it is unattended. The officer may open unlocked doors, panels or things to gain entry. An officer may not use force, except if it is reasonably necessary to gain entry to a place that is required by the Law to be open for inspection. Force may not be used against a person. Section 499 sets out specified circumstances when an authorised officer may enter a place without the occupier’s consent or a warrant. Subsection (1) provides that the officer must reasonably believe that all of the following apply— (a) an incident involving the death of, or injury to, a person or damage to property involves or may have involved a heavy vehicle; (b) the incident may have involved an offence against this Law; (c) there is a connection of a kind described in subsection (2) between the place and the heavy vehicle (dealing with the garage address of the vehicle or a vehicle in a combination, the vehicle being located or having been located at the place within the past 72 hours, or the place being otherwise directly or indirectly connected with the vehicle or any part of its equipment or load); (d) there may be at the place evidence of the offence against this Law that may be concealed or destroyed if the place is not immediately entered and searched. Subsection (3) restricts the power to enter a place under this section in relation to an incident that involves the death, or injury to, to an authorised officer who is a police officer. Subsection (4) denies the power of entry if premises are unattended (unless the officer reasonably believes the place is unattended) or if it is a place or part of a place used predominantly for residential purposes. Annexure 1 -- 247 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 244 Authorised by the Chief Parliamentary Counsel Subsection (5) provides that an authorised officer who enters a place under the belief that it is attended, must leave immediately upon determining that it is unattended. The officer may open unlocked doors, panels or things to gain entry. The officer may not use force under this provision. If force is required, other powers or a warrant must be relied on. Section 500 sets out the powers that an authorised officer may exercise after having entered a place for investigation powers (as defined in section 5). It applies in respect of all the places entered under subsection (1), except for a public place. The powers are broader than the powers that may be exercised under section 496 when a place is entered for monitoring purposes. They include the power to search the place or a vehicle at the place, to inspect, examine or film any part of the place or anything at the place, to take a thing or sample for examination, to place identifying marks, and to take extracts or make copies or access and download information from a device or other thing at the place. For a heavy vehicle at the place, they include all the powers an officer may exercise under Part 9.3 (which set out an extensive range of powers in relation to heavy vehicles). The officer may take onto the place and use any persons, equipment, materials, vehicles or other things to assist the officer. The officer may open unlocked doors, panels or things and move (but not take away) unlocked or unsealed things. Force may only be used if the officer has entered under a warrant but only to the extent that it is reasonably necessary. Subsections (3) and (4) deal with the situation where a thing or sample is taken for examination. They include requirements for a receipt to be given or to be left where it is not practicable to give a receipt. Subsection (5) allows the use of photocopying equipment at the place free of charge in order to copy a document at the place. Annexure 1 -- 248 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 245 Authorised by the Chief Parliamentary Counsel Subsections (6) and (7) deal with the situation where a document or thing containing an electronic document has been taken from the place for copying the document or for producing an image or writing from the electronic document. They require the return of those things as soon as practicable after they have been removed. Subsection (8) specifies that where entry is under consent, the officer’s powers are subject to the consent conditions and where entry is under warrant, the officer’s powers are subject to the terms of the warrant. Subsection (9) clarifies that the requisite belief that triggers the investigation powers in this section can be formed during or after or independently of the monitoring of premises under Division 2 (Entry of relevant places for monitoring purposes). Subsection (10) clarifies that this section does not include a power to search a person. Division 4 Procedure for entry by consent Section 501 states that Division 4 applies where an authorised officer seeks consent to enter a place under section 495(1)(a) or section 497(1)(a), dealing respectively with entry for monitoring purposes and entry for investigation purposes. Section 502 allows for incidental entry, without consent or a warrant, to enable the authorised officer to contact the occupier for the purpose of seeking consent. Section 503 requires that before asking for the consent, the authorised officer must explain why entry is desired, the powers intended to be exercised and the fact that consent may be refused or given subject to conditions and can be withdrawn at any time. Section 504 sets out requirements for a consent acknowledgment to be signed by an occupant. It includes what the acknowledgement must contain and giving a copy of the signed acknowledgment to the occupier immediately or as soon as practicable. Annexure 1 -- 249 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 246 Authorised by the Chief Parliamentary Counsel Subsection (5) ensures that non-compliance by an authorised officer with the requirements in subsection (2) does not automatically invalidate the exercise of the powers (and by extension compromise any compliance action undertaken as a result of the exercise of the powers). To do otherwise may allow a defendant to establish a defence based on the officer’s failure to accurately stipulate the power, when the power was available and otherwise legitimately exercised. To prevent injustice, subsections (5)(b) and (6) have been incorporated. Subsection (5) applies where the acknowledgement states some but not all the powers exercised or intended to be exercised to achieve the purpose of the entry and allows the court to determine the validity in any subsequent proceedings. Subsection (6) provides that, if a question arises in a proceeding about whether the occupier consented and a consent acknowledgement is not produced, the party relying on the consent will need to prove the occupier consented. Section 505 establishes the requirements for an authorised officer intending to ask the occupier for consent to enter a place under this Division (otherwise than under section 502). Before asking for consent, an authorised officer other than a police officer, or who is a police officer not in uniform, must produce documentary evidence establishing the officer’s appointment under the Act or as a police officer. Division 5 Entry under warrant Section 506 provides for an authorised officer to apply to an authorised warrant official (defined in section 5 to mean an entity declared as such an official for the purposes of the Law) for a warrant for a place. Section 507 empowers an authorised warrant official to issue a warrant, but only if satisfied there are reasonable grounds for suspecting that there is (or will in the next 72 hours be) at the place something that may constitute evidence of an offence against the Law. Subsection (2) sets out what must appear in the warrant. Annexure 1 -- 250 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 247 Authorised by the Chief Parliamentary Counsel Section 508 provides for applications for warrants and their issue by electronic communication, rather than the procedures under section 506 and section 507, where the matter is urgent or there are other special circumstances, such as the officer’s remote location, that make it necessary and appropriate. Section 509 preserves a warrant from invalidity by reason of insubstantial defects in it or the procedures attending its application or issue. Section 510 sets out the procedures to be followed by an authorised officer when entering under a warrant. An officer must do or make a reasonable item to identify himself or herself, give a copy of the warrant to a person at the place, tell the person that the officer is permitted by the warrant to enter the place and give the person opportunity to allow immediate entry without the use of force. However, subsection (3) provides that these things do not have to be done where the officer reasonably believes that entry to the place is required to ensure that the execution of the warrant is not frustrated. Part 9.3 Powers in relation to heavy vehicles Division 1 Preliminary Section 511 specifies that Part 9.3 applies to a heavy vehicle on a road, in or at a public place, in or at a place owned or occupied by a road authority or by another public authority or in or at a place to which entry is gained by an authorised officer under Part 9.2 (which deals with entry to specified places for monitoring or investigation purposes). Unless the contrary is stated in Part 9.3, it has no application to heavy vehicles in other places, such as private land which is not entered by consent or by a warrant under Part 9.2. Annexure 1 -- 251 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 248 Authorised by the Chief Parliamentary Counsel Section 512 extends the definition of driver (defined in section 5), for the purposes of Part 9.3, so as to include a person in, or in the vicinity of, the vehicle whom an authorised officer who is present at the scene reasonably believes is the vehicle’s driver. Division 2 Stopping, not moving or not interfering with heavy vehicle etc. Section 513 empowers an authorised officer to direct the driver of a heavy vehicle to stop the vehicle so that the officer may exercise a power under this Law, such as a power to enter and inspect under section 520 or to enter and search under section 521. It sets out how a direction may be given (orally or in any other way, such as a sign or electronic or other signal) and that the direction can be to stop immediately or at a place indicated. It is an offence to not comply with the direction without a reasonable excuse. A maximum penalty of $6000 applies. Section 513 also sets out identification requirements for the officer to follow when directing the vehicle to stop and once the vehicle has stopped. Section 514 empowers an authorised officer to direct the driver of a heavy vehicle or any other person not to move the vehicle or to interfere with the vehicle or its equipment or load, so that the officer may exercise a power under this Law. It sets out how a direction may be given (orally or in any other way, such as a sign or electronic or other signal). It is an offence to not comply with the direction without a reasonable excuse. A maximum penalty of $6000 applies. Annexure 1 -- 252 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 249 Authorised by the Chief Parliamentary Counsel Division 3 Moving heavy vehicle Section 515 defines the concept of a vehicle being unattended for the purposes of Division 3. It means that there is no-one in or near the vehicle who appears to be the driver. However, it is also extended to include cases where, although a person is in or near the vehicle who appears to be driver, that person is unwilling or not qualified (as defined in section 5) or not fit (as defined in section 5) or not authorised by the operator of the vehicle to drive it or has been directed to leave the vehicle by an authorised officer under section 524. Section 516 empowers an authorised officer to direct the driver or operator of a heavy vehicle to move the vehicle or have it moved to a stated reasonable place not more than 30 km away or some other place on its forward journey, so that the officer may exercise a power under this Law. It sets out how a direction may be given (orally or in any other way, such as a sign or electronic or other signal). It is an offence to not comply with the direction without a reasonable excuse. A maximum penalty of $6000 applies. Subsection (4) provides an example of a reasonable excuse for not complying with a direction. It would be a defence for the person to prove it was not possible to move the vehicle because it was broken down for a physical reason beyond the person’s control and the breakdown could not readily be rectified to enable the direction to be complied within in a reasonable time. However, subsection (4) does not limit what might be a reasonable excuse for not complying with a direction. Section 517 deals with the situation where an authorised officer reasonably believes that a stationary heavy vehicle is causing or creating a risk of serious harm to public safety (defined in section 5), the environment or road infrastructure (defined in section 5) or is obstructing or is likely to obstruct traffic. The officer may direct the driver or operator to move the vehicle or have it moved or to do or have something else done in order to avoid the harm or obstruction. Annexure 1 -- 253 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 250 Authorised by the Chief Parliamentary Counsel It sets out how a direction may be given (orally or in any other way, such as a sign or electronic or other signal for the driver and by electronic communication for the operator). It is an offence to not comply with the direction without a reasonable excuse. A maximum penalty of $6000 applies. Subsection (5) provides an example of a reasonable excuse for not complying with a direction. It would be a defence for the person to prove it was not possible to move the vehicle because it was broken down for a physical reason beyond the person’s control and the breakdown could not readily be rectified to enable the direction to be complied within in a reasonable time. However, subsection (5) does not limit what might be a reasonable excuse for not complying with a direction. Section 518 provides that where an authorised officer reasonably believes that a vehicle is unattended (as defined in section 515) and that it is reasonably necessary for a vehicle to be moved in order for the officer to exercise a power that he or she intends to exercise under the Law, the officer may move the vehicle or authorise somebody else to do so. However, neither the officer nor the other person may move the vehicle if not qualified (as defined in section 5) or not fit (as defined in section 5) to drive it. The officer or assistant may open unlocked doors and panels and things in the vehicle and may use such force as is reasonably necessary but may not use force against a person. Section 519 deals with the situation where an authorised officer reasonably believes that an unattended heavy vehicle is causing or creating an imminent risk of serious harm to public safety (defined in section 5), the environment or road infrastructure (defined in section 5) or is obstructing or is likely to obstruct traffic. The officer may move or authorise somebody else to move the vehicle in order to avoid the harm or obstruction. The officer may do this even if the officer or other person is not qualified (defined in section 5) to drive it, if the officer reasonably believe that nobody else in the vicinity is more capable of driving it and fit and willing to drive it. Annexure 1 -- 254 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 251 Authorised by the Chief Parliamentary Counsel The officer or assistant may use such force as is reasonably necessary other than force against a person. Division 4 Inspecting and searching heavy vehicles Section 520 empowers an authorised officer to enter and inspect a heavy vehicle for monitoring purposes. That term is defined in section 5 to mean finding out whether the Law is being complied with. The types of things an officer may do include inspecting, examining or filming any part of the vehicle and its equipment or load, inspecting a relevant document (as defined in this section) in the vehicle, copying or taking an extract from such a document or from an electronic relevant document (as defined in this section). The officer may open unlocked doors, panels or things in or on the vehicle and may move (but not take away) unlocked or unsealed things. The officer may not use force to exercise a power under this section. Subsection (2)(f) recognises that an officer may need to take an extract of relevant information (as defined in this section) from a device or other thing in the vehicle in order to produce an image or writing from that document. In that event, subsection (5) provides that the image or writing must be produced and the thing returned to the vehicle as soon as practicable. Section 521 empowers an authorised officer to enter and search a heavy vehicle, using force or help, for investigation purposes. The term ‘investigation purposes’ is defined in section 5 to mean investigating a contravention or suspected contravention of the Law. The officer may use this power if he or she reasonably believes that a vehicle is being or has been used to commit an offence against the Law or that the vehicle or something in it may provide evidence of such an offence or that the vehicle has been or may have been involved in an incident involving death, injury or property damage. However, the section does not authorise an Annexure 1 -- 255 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 252 Authorised by the Chief Parliamentary Counsel authorised officer to exercise a power in relation to an incident that involves the death of, or injury to, a person unless the authorised officer is a police officer. The powers that the officer may exercise are broader than the powers specified under section 520 when a vehicle is entered for monitoring purposes. They include the power to search, inspect, examine or film any part of the vehicle and its goods, to search for a document, device or other thing in the vehicle and to take a copy of an extract from a document, device or other thing in the vehicle. The officer may take into or onto the vehicle any persons, equipment or materials to assist the officer. Subsection (3) recognises that an officer may need to take a document in the vehicle somewhere else to copy it or to take a thing containing an electronic document from the vehicle to produce an image or writing from that document. In that event, subsections (4) and (5) provide that document may be copied and returned and the image or writing must be produced and the thing returned to the vehicle as soon as practicable. Subsection (6) clarifies that the 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. Subsection (7) clarifies that the power to search under this section does not include a power to search a person. Section 522 establishes the power for an authorised officer to order the presentation of a heavy vehicle for inspection. The exercise of the power is limited to circumstances where the officer believes the vehicle has within the previous 30 days been defective, is of a kind used by a driver other than in compliance with the Act, or does not comply with the law. The power is exercisable by the service of a statutory notice on the person in charge of the heavy vehicle, its registered operator, or its owner. The section makes provision for a person to request a change in the place or time of inspection. Failure by the recipient to produce or allow a heavy vehicle to be inspected as required Annexure 1 -- 256 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 253 Authorised by the Chief Parliamentary Counsel under this section constitutes an offence and is a ground for suspending the registration of the vehicle. Division 5 Other powers in relation to all heavy vehicles Section 523 enables an authorised officer to enter a vehicle and start or stop a vehicle’s engine or authorise somebody else to do so to enable the officer to exercise a power under this Law (but not to drive the vehicle). The officer may exercise this power if a power does not comply with a requirement under section 577 to start or stop the engine, or if there is no responsible person for the vehicle (defined in section 5) available or willing to start or stop the engine, or if the officer reasonably believes that there is no-one else in the vicinity who is more capable of starting or stopping the engine and who is fit and willing to do so. The officer or assistant may use such force as is reasonably necessary other than force against a person. Section 524 empowers an authorised officer to direct the driver of a heavy vehicle to vacate the driver’s seat, to leave the vehicle or not to occupy the driver’s seat or enter the vehicle until permitted by the officer. The officer may also direct anybody accompanying the driver to leave the vehicle or not to enter the vehicle until permitted by the officer. The officer may exercise this power if: • the driver fails to comply with a direction given under Chapter 9; or • the officer reasonably believes that the driver is not qualified (as defined in section 5), fit (as defined in section 5) or authorised by the operator to drive the vehicle so as to comply with the direction; • the 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. Annexure 1 -- 257 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 254 Authorised by the Chief Parliamentary Counsel A direction may be given orally or in any other way, such as a sign or electronic or other signal. It is an offence to not comply with the direction without a reasonable excuse. A maximum penalty of $6000 applies. When giving the direction, the officer must also give an offence warning unless it is not practicable to do so because of the way the direction is given. The term ‘offence warning’ is defined in section 5 as a warning that it is an offence not to comply with the direction or requirement, unless the person has a reasonable excuse. Division 6 Further powers in relation to heavy vehicles concerning heavy vehicle standards Section 525 defines certain terms used in Division 6. Section 526 states that if an authorised officer who has inspected a heavy vehicle reasonably believes it to be a defective vehicle and that its use on the road presents a safety risk (defined in section 5), the officer may issue a vehicle defect notice. The term ‘defective vehicle’ is defined in section 525 to mean a vehicle that contravenes the heavy vehicle standards (defined in section 59) or has a part which is either not functioning or has so deteriorated that it cannot reasonably be relied on to function as intended. The notice may be a major defect notice or a minor defect notice, the former applying where the safety risk is imminent and serious and the latter applying in the case of other safety risk. Subsection (3) requires the defect notice to be handed to the driver but, if the driver is not present, it is to be attached to the vehicle. Where the notice is given to the driver, subsection (4) requires the driver, as soon as practicable, to pass it on to the operator. A maximum penalty of $3000 applies. Annexure 1 -- 258 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 255 Authorised by the Chief Parliamentary Counsel Subsection (5) provides that the operator of a heavy vehicle, that is the subject of a defect notice, may request permission for the vehicle to be used on a road during a period stated in the permission. The request may only be granted where the conditions in subsection (5)(a) to (d) have been met. The permission may be extended under subsection (6) on the same grounds. Subsection (7) stipulates the form of the permission or its extension and empowers the officer to impose reasonable conditions on it. Section 527 sets out the contents of a vehicle defect notice, including a statement that the vehicle is a defective heavy vehicle and the details of how it is defective. A major defect notice must include a statement that the vehicle is not to be used on a road other than to move it to a location and in a way stated in the notice. A minor defect notice must include a statement that the vehicle is not to be used on a road after a time stated in the notice unless the defect is rectified. Subsection (2) empowers an authorised officer to impose conditions the officer considers appropriate for the use of the vehicle on a road on the use of the defective heavy vehicle. The breadth of the conditions that may be imposed is a consequence of the diversity of the particular defect/s that may be involved. Section 528 states that if a major defect notice is issued, the authorised officer must attach a vehicle defect label to the vehicle. If a minor defect notice is issued, the authorised officer may attach a defective vehicle label to the vehicle. Attaching a defective vehicle label is mandatory for major defect notices but for minor defect notices it is at the discretion of the authorised officer, reflecting existing jurisdictional practice for light and heavy vehicles Subsection (3) creates an offence for a person to remove, deface or otherwise interfere with such a label. A maximum penalty of $3000 applies. Annexure 1 -- 259 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 256 Authorised by the Chief Parliamentary Counsel The offence does not apply where the Regulator arranges for the label to be removed following clearance of the notice under section 530(2) or following withdrawal of the notice under subsection 531(4). Section 529 creates an offence for a person to use, or permit to be used, on a road a heavy vehicle in contravention of a vehicle defect notice. A maximum penalty of $3000 applies. The inclusion of the phrase ‘permit to be used’ in section 529 extends the responsibility beyond the driver of the heavy vehicle and is intended to require persons responsible for a heavy vehicle to ensure the vehicle is not used in breach of a vehicle defect notice. Section 530 provides that a vehicle defect notice may be cleared where the Regulator is satisfied that the vehicle is no longer defective or receives from an authorised officer a notice to that effect. Subsection (1) provides that 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 is: • a police officer of this jurisdiction; • a police officer of another jurisdiction if the Application Act of this jurisdiction permits this to be done; or • a class of authorised officers approved by the Regulator for the purposes of this subsection. Subsection (2) enables the Regulator to approve a class of authorised officers who may amend or withdraw a vehicle defect notice issued by any other authorised officer who is not a police officer. This is intended to assist in the delivery of services in regional areas, in particular. Subsections (1) and (2) empower the Regulator and the participating jurisdictions to transparently address potential inconsistencies in the training and capabilities of police officers and other authorised officers in this area. Annexure 1 -- 260 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 257 Authorised by the Chief Parliamentary Counsel If a major defect notice is cleared, the Regulator must arrange for the defective vehicle label to be removed. Section 531 deals with the amendment or withdrawal of a vehicle defect notice. If a major defect notice is withdrawn, the Regulator must arrange for the defective vehicle label to be removed. Division 7 Further powers in relation to heavy vehicles concerning mass, dimension or loading requirements Section 532 states that Division 7 applies to all heavy vehicles and not just those subject to directions or requirements given or made under another provision of Chapter 9. The powers in Division 7 assist in the enforcement of the matters regulated under Chapter 4. Section 533 provides that where an authorised officer reasonably believes that a heavy vehicle is subject to a minor risk breach of mass, dimension or loading requirements but not also the subject of a substantial risk breach or severe risk breach, the officer may direct the driver or operator to rectify the stated breaches or to move or cause the vehicle to be moved to a stated place and not thereafter to move it or cause it to be moved until the stated breaches are rectified. Chapter 4 defines the terms ‘dimension requirement’, ‘loading requirement’, ‘mass requirement’, ‘minor risk breach’, ‘substantial risk breach’ and ‘severe risk breach’. Subsection (3) specifies that, if the officer directs the vehicle to be moved to a stated place, it must be a place the officer reasonably believes to be suitable and it must be within a 30 km radius from where the vehicle is located when the direction is given or within a 30 km radius from any point on the vehicle’s forward journey. Annexure 1 -- 261 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 258 Authorised by the Chief Parliamentary Counsel Subsection (4) provides that an authorised officer may authorise the driver or operator to continue a journey if there has been a minor risk breach of a mass, dimension or loading requirement relating to the vehicle. The section constrains the authorisation to circumstances where the officer has not issued a direction under subsection (2) and reasonably believes the driver or operator is not, or is no longer, subject to a direction for the rectification of the breach Subsection (5) requires a direction under subsection (2) to be in writing (and given with or without conditions) but subsection (6) provides for an oral direction if the moving of the vehicle is carried out in the presence or under the supervision of an authorised officer. It is an offence to not comply with the direction without a reasonable excuse. A maximum penalty of $10000 applies. Section 534 specifies that where an authorised officer reasonably believes that a heavy vehicle is subject to a substantial risk breach of mass, dimension or loading requirements but not also the subject of a severe risk breach, the officer must direct the driver or operator not to move the vehicle or cause it to be moved until the stated breaches have been rectified or to move or cause it to be moved to a stated reasonable place and not thereafter to move it or cause it to be moved until the stated breaches are rectified. Subsection (3) requires the direction to be in writing (and given with or without conditions) but subsection (4) provides for an oral direction if the moving of the vehicle is carried out in the presence or under the supervision of an authorised officer. It is an offence to not comply with the direction without a reasonable excuse. A maximum penalty of $10000 applies. An important distinction between section 533 and section 534 is that, in the former, the officer has a discretion whether or not to give the direction whereas, in the latter, the direction must be given. This is because of the greater seriousness attached to a substantial risk breach and the need to ensure that stated breaches are rectified. Annexure 1 -- 262 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 259 Authorised by the Chief Parliamentary Counsel Section 535 states that where an authorised officer reasonably believes that a heavy vehicle is subject to a severe risk breach of mass, dimension or loading requirements, the officer must direct the driver or operator not to move the vehicle until the stated breaches are rectified or (if the vehicle poses a risk to public safety, as defined in section 5, or an appreciable risk to the environment, road infrastructure or public amenity, as defined in section 5) to move it or cause it to be moved to the nearest stated safe place (as defined in this section) and not to move it thereafter until the stated breaches have been rectified. Subsection (3) requires the direction to be in writing (and given with or without conditions) but subsection (4) provides for an oral direction if the moving of the vehicle is carried out in the presence or under the supervision of an authorised officer. It is an offence to not comply with the direction without a reasonable excuse. A maximum penalty of $10000 applies. Section 536 provides that where a direction is given under this Division, a component vehicle of a combination which does not itself contravene a mass, dimension or loading requirement may be separately driven or moved if it is otherwise lawful for it to be driven or moved and if a condition of the direction does not prevent it. Division 8 Further powers in relation to fatigue-regulated heavy vehicles Section 537 states that Division 8 applies to all fatigue-regulated heavy vehicles and not just those subject to directions or requirements given or made under another provision of Chapter 9. The term ‘fatigue-regulated heavy vehicle’ is defined in section 7. The powers in Division 8 assist in the enforcement of the matters regulated under Chapter 6. Section 538 applies where an authorised officer reasonably believes that a driver of a fatigue-regulated heavy vehicle has contravened a maximum work requirement under Chapter 6 and is or may be impaired by fatigue. Annexure 1 -- 263 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 260 Authorised by the Chief Parliamentary Counsel Subsection (2) provides that, if the officer reasonably believes the contravention is a critical risk breach or a severe risk breach, the officer must by notice require the driver to immediately rest for a stated period and thereafter to work for a stated shorter time to compensate for the excess period worked. Subsection (3) provides that, if the officer reasonably believes the contravention is a substantial risk breach or a minor risk breach, the officer may by notice impose the same requirement. The distinction between subsection (2) and subsection (3) is that, in the former, the officer is under a duty to impose the requirement whereas, in the latter, the officer has a discretion whether or not to impose it. This is because of the greater seriousness attached to a critical risk breach or a severe risk breach and the need to ensure that the driver takes the steps necessary to compensate for the excess period worked. The terms ‘critical risk breach’ ‘severe risk breach’, ‘substantial risk breach’ and ‘minor risk breach’ are defined in section 222. Subsection (4) requires an authorised officer, who has issued a requirement under subsection (2) or (3) for a contravention of a maximum work requirement, to record the details of the requirement in the driver’s work diary Section 539 applies where an authorised officer reasonably believes that a driver of a fatigue-regulated heavy vehicle has contravened a minimum rest requirement under Chapter 6 and is or may be impaired by fatigue. Subsection (2) provides that, if the officer reasonably believes the contravention is a critical risk breach or a severe risk breach, the officer must by notice require the driver to immediately rest for a stated period to compensate for the shortfall in rest and, if the driver has failed to have 1 or more night rest breaks required under a minimum rest requirement, the officer must also direct the driver to take 1 or more night breaks to compensate for the shortfall. The term ‘night rest break’ is defined in section 5. Subsection (3) provides that, if the officer reasonably believes the contravention is a substantial risk breach or a minor risk breach, the officer may by notice impose the same requirement. Annexure 1 -- 264 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 261 Authorised by the Chief Parliamentary Counsel The distinction between subsection (2) and subsection (3) is that, in the former, the officer is under a duty to impose the requirement whereas, in the latter, the officer has a discretion whether or not to impose it. This is because of the greater seriousness attached to a critical risk breach or a severe risk breach and the need to ensure that the driver takes the steps necessary to compensate for the shortfall in rest. Subsection (4) requires an authorised officer, who has issued a requirement under subsection (2) or (3) for a contravention of a minimum rest requirement, to record the details of the requirement in the driver’s work diary. Section 540 applies if an authorised officer reasonably believes the driver of a fatigue-regulated heavy vehicle is impaired by fatigue. The officer may by notice require the driver to immediately stop work and not work again for a stated period. Under subsection (3) this must be a reasonable period having regard to the matters prescribed in the national regulations. Subsection (4) imposes a requirement on an authorised officer who has issued a requirement under subsection (2)(a) to record the details of the requirement in the driver’s work diary. Where the officer has observed the driver driving in a way the officer believes on reasonable grounds is dangerous, the officer may also by notice require the driver to immediately stop being in control of the vehicle. If such a notice is given, the officer may under subsection (5) authorise somebody else to move the vehicle to a suitable rest place for fatigue-regulated heavy vehicles (as defined in section 5) if that person is qualified and fit to do so. Subsection (6) authorises the making of regulations to prescribe matters which an officer or a court must or may have regard to in determining whether a driver was impaired by fatigue for the purposes of this section. Section 541 empowers an authorised officer by notice to require the driver to immediately stop work and not to work again for a stated period up to 24 hours. Annexure 1 -- 265 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 262 Authorised by the Chief Parliamentary Counsel The officer may exercise this power if the officer has asked the driver to produce his or her work diary under section 568 and either the driver has failed to produce the work diary without a reasonable excuse or the driver produces a document the officer reasonably believes is not the work diary the driver is required to keep or the officer reasonably believes that the diary cannot be relied on as an accurate record. Section 542 creates an offence for a person given a notice under this Division to not comply with the notice, unless the person has a reasonable excuse. A maximum penalty of $10000 applies. Subsection (2) empowers an authorised officer who has given a notice under section 538, 539 or 541 to allow deferral of compliance for up to 1 hour if the officer reasonably believes it is necessary to allow the driver to drive to the nearest suitable rest place for fatigue-regulated heavy vehicles (as defined in section 5) and it is reasonably safe to do so or if the officer reasonably believes it is necessary to allow the driver time to attend to or secure the load. Part 9.4 Other powers Division 1 Powers relating to equipment Section 543 states that an authorised officer or a person helping the officer may operate equipment at a place or a vehicle entered under Chapter 9 so as to read information held on a storage device such as a disc or tape where it is reasonably believed to be necessary for checking compliance with the Law. However, this can only be done if the person reasonably believes the operation can be carried out without damaging the equipment. Section 544 provides that an authorised officer or a person helping the officer may operate equipment at a place or a vehicle entered under Chapter 9 to examine or process a thing so as to determine whether it should be seized. Annexure 1 -- 266 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 263 Authorised by the Chief Parliamentary Counsel In the case of a heavy vehicle entered under section 521, dealing with the power to enter and search a heavy vehicle for investigation purposes (defined in section 5), the person may operate equipment in the vehicle to examine or process the thing or move it to another place for examination and processing if not practicable to do it where it is found or if the driver gives written consent. However, these things can only be done if the person reasonably believes the equipment is suitable and the operation can be carried out without damaging the equipment or thing. Division 2 Seizure and embargo notices Subdivision 1 Power to seize Section 545 states that an authorised officer who enters a place the officer may enter under Chapter 9 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. Section 546 deals with the seizure of things from a place that the authorised officer has entered with the consent of the occupier or under a warrant. If the officer has entered with the occupier’s consent, the officer may seize a thing which he or she reasonably believes is evidence of an offence against the Law and its seizure is consistent with the purpose of entry as explained to the occupier when obtaining consent. If the officer has entered under a warrant, the officer may seize the evidence for which the warrant was issued. In addition, the officer may seize anything else at a place entered with the consent of the occupier or under a warrant if the officer reasonably believes the thing: • is evidence of an offence against the Law and the seizure is necessary to prevent its hiding, loss or destruction or its use to continue or repeat the offence. Annexure 1 -- 267 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 264 Authorised by the Chief Parliamentary Counsel Section 547 authorises seizure from a heavy vehicle entered under section 521 of a thing that the authorised officer reasonably believes is evidence of an offence against the Law. Section 521 deals with the power to enter and search a heavy vehicle for investigation purposes (defined in section 5). Section 548 provides that where an authorised officer or a person helping the officer finds at a place or in a heavy vehicle a storage device such as a disc or tape containing which the officer reasonably believes is relevant to deciding whether the Law has been contravened, this section authorises putting the information in documentary form and seizing the document, copying the information to another storage device and seizing that device or seizing the original storage device and any equipment by which its contents can be read if it is not practicable to put it into documentary form or copy it to another storage device and it is reasonably believed that the device and equipment can be seized without damage. Section 549 deals with the situation where a thing or sample has been taken for examination under subsection 500(1)(c). Section 500 deals with the general powers exercisable by an authorised officer who enters a place (other than a public place) for investigation purposes (as defined in section 5). If the officer, having examined the thing or sample, reasonably believes it to be evidence of an offence against the Law, he or she may seize it if such seizure would have been authorised by sections 545 to 548 at the time it was taken had the officer formed the reasonable belief at that earlier time. Section 550 allows an authorised officer to seize a thing and exercise powers relating to it, even if a third party holds a lien or other security over it. However, the seizure does not affect the security holder’s claim against a person other than the officer or a person helping the officer. Section 551 empowers an authorised officer to seize a number plate for a heavy vehicle where the officer reasonably believes any of the matters outlined in subsections (2) and (3). Subsection (4) empowers the officer to retain the number plates for the period necessary to facilitate the investigation of offences Annexure 1 -- 268 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 265 Authorised by the Chief Parliamentary Counsel against the Law or another applicable law. Subsection (5) creates a head of power for determining an appropriate authority to which the number plates must be returned, and the making of guidelines to similar effect. Section 552 restricts the seizure of a heavy vehicle, a thing, or a thing of a class, prescribed by the national regulations unless 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. Concerns as to the potential for this power to be used to unjustly deprive an individual of their property is mitigated by Division 3 - Forfeiture and transfer. Subdivision 2 Powers to support seizure Section 553 empowers an authorised officer, to enable a thing to be seized, to require a person in control of it to take the thing to a stated reasonable place by a stated reasonable time and, if necessary, to remain there with it for a stated reasonable period. The requirement must be made (or confirmed) in writing or, if not practicable, may be given orally and later confirmed in writing. A person so required must comply unless there is a reasonable excuse. A maximum penalty of $10000 applies. Subdivision 3 Safeguards for seized things or samples Section 554 sets out procedures to be followed where a thing or sample has been seized under Chapter 9 relating to the giving of a receipt for the item seized. However, this is not required where it is impracticable or unreasonable because of the condition, nature and value of the thing or sample or, in the case of a thing that has been seized other than under section 549, the officer reasonably believes there is nobody apparently in possession of the thing or the thing has been abandoned. Section 549 deals with the subsequent seizure of a thing that was taken for Annexure 1 -- 269 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 266 Authorised by the Chief Parliamentary Counsel examination by an authorised officer who entered a place (other than a public place) for investigation purposes (as defined in section 5). Section 555 states that until a thing that has been seized has been forfeited or returned, its owner must be allowed access to it to inspect it and (for documentation) to copy it unless that is not practicable or reasonable. Section 556 provides for the return of a thing or sample that has been seized. An authorised officer must be satisfied that the thing or sample is not or no longer required as evidence of an offence against this Law and that 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. An authorised officer must also be satisfied that the thing or sample is not subject to a dispute as to ownership, which would be appropriately resolved by making an application to the relevant tribunal or court for the return of the thing or sample. The section provides for the seized thing or sample to be returned to the person from whom it was seized, or the owner if that person is not entitled to possess it. Subsections (3) and (4) provide for application to the relevant tribunal or court for the return of a seized thing or sample, as well as the circumstances in which the relevant tribunal or court may make an order for return. Subsection (5) provides a regulation-making power for procedures to be followed – including notification of the Regulator – when an application is made. This section does not prevent the return of a thing or sample to its owner if the Regulator considers there is no reason for its continued retention. Annexure 1 -- 270 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 267 Authorised by the Chief Parliamentary Counsel Subdivision 4 Embargo notices Section 557 states that where something that has been seized cannot readily be removed, an authorised officer may issue an embargo notice prohibiting any dealing with the thing or any part of it without the written consent of the Regulator or an authorised officer. The section sets out procedures relating to the issue of an embargo notice and its contents. Section 558 creates an offence for a person who knows an embargo notice relates to a thing to do anything the notice prohibits or instruct somebody else to do so. A maximum penalty of $10000 applies. In a proceeding for an offence relating to a charge that the defendant moved an embargoed thing or a part of it, it is a defence if the person proves that the embargoed thing or thing was moved to protect or preserve it or that the authorised officer who issued the notice was informed of the move and new location within 48 hours. Subsection (3) requires a person served with an embargo notice to take all reasonable steps to stop any other person from doing something prohibited by the notice. A maximum penalty of $10000 applies. Subsection (4) provides that, despite any other Act or law, a sale, lease, transfer or other dealing with an embargoed thing is void. Section 559 enables an authorised officer to take reasonable action to restrict access to an embargoed thing, including sealing it or the entrance to the place where it is or (for equipment) rendering it inoperable. The officer may also require a person he or she reasonably believes to be in control of the embargoed thing to take such steps. It is an offence not to comply without a reasonable excuse. A maximum penalty of $10000 applies. Annexure 1 -- 271 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 268 Authorised by the Chief Parliamentary Counsel If access to an embargoed thing is restricted, it is an offence against subsection (4) to tamper with the thing or anything used to restrict access to the thing without an authorised officer’s approval or a reasonable excuse. A maximum penalty of $10000 applies. If access to a place is restricted, it is an offence to enter that place or to tamper with anything used to restrict access to the place without an authorised officer’s approval or a reasonable excuse. A maximum penalty of $10000 applies. Section 560 sets out the procedures for withdrawing an embargo notice, together with restrictions on when such a notice may be withdrawn. Division 3 Forfeiture and transfers Section 561 states that where a thing or sample has been taken for examination or a thing has been seized under Chapter 9 the Regulator may declare it to be forfeited to the Regulator if its owner cannot reasonably be found or the thing cannot reasonably be returned. However, subsection (4) provides that a thing or sample seized by a police officer cannot be forfeited to the Regulator and must be dealt with under the national regulations, except as provided by applicable state or territory legislation. Section 562 sets out the requirements for giving an information notice if the Regulator decides to forfeit a thing or sample. An information notice is defined in section 5 as a notice stating the decision, the reasons for the decision and the review and appeal information (also defined in section 5) for the decision. Section 563 specifies that a thing or sample become the property of the Regulator if it is forfeited or the owner and Regulator agree in writing to the transfer of ownership. Section 564 states that where a thing or sample becomes the property of the Regulator under section 563, the Regulator may deal with it in the Regulator’s discretion, including by destroying it or giving it away. Annexure 1 -- 272 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 269 Authorised by the Chief Parliamentary Counsel However, the Regulator may not deal with it in such a way as to prejudice the outcome of a review of the forfeiture decision or an appeal against the decision on review. Chapter 11 deals with reviews and appeals and the decision of the Regulator that a thing or sample is forfeited is a reviewable decision for the purposes of that Chapter. The Regulator must give 28 days’ notice of its intention to deal with a thing or sample that has become the property of the Regulator to the person from whom the thing or sample was seized; the former owner of the thing or sample; and each person having a registered interest in the thing or sample If the Regulator sells the thing or sample, the Regulator may return the proceeds of sale to the person who owned it immediately before the forfeiture, after deducting the costs of the sale. Section 565 provides for third party protection in the event that a thing or sample becomes the property of the Regulator. The section provides for applications for an order in relation to the thing or sample to be made to a relevant tribunal or court by the owner or a person with a registered interested in the thing or sample. The section further provides that such applications may be made in relation to the proceeds of a thing or sample already sold or otherwise disposed of. Section 566 provides a regulation-making power for the circumstances in which the Regulator must apply to the Registrar of Personal Property Securities to register, amend or cancel an instrument in relation to a sample or thing. The section further provides a regulation-making power for the priority in which the proceeds of disposal of anything under this Division are to be applied. Annexure 1 -- 273 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 270 Authorised by the Chief Parliamentary Counsel Division 4 Information-gathering powers Section 567 deals with the circumstances in which an authorised officer may require a person to state his or her name, date of birth and address (including the person’s residential and business address and, for a person temporarily in the jurisdiction, the person’s residence in the jurisdiction). The officer may do so: • if the person is committing, or is found in circumstances to reasonably suspect the person has committed, or there is information to reasonably suspect that the person has committed, an offence against the Law; or • if the person is reasonably suspected to be the driver of a heavy vehicle involved in an incident involving death, injury or damage to property; or • if the person is reasonably suspected to be a responsible person for a heavy vehicle (as defined in section 5) and may be able to help in an investigation of an offence against the Law involving the vehicle. The officer may require the person to provide verification of the name, date of birth or address if it would be reasonable to expect the person to be in possession of evidence to verify the name or address or otherwise be able to provide the verification. Failure to comply with either requirement without a reasonable excuse is an offence. A maximum penalty of $3000 applies. Subsection (7) provides that, if a person is charged with a failure to state a business address, it is a defence to prove that the person did not have a business address or the person’s business address was not directly or indirectly connected with road transport involving heavy vehicles. Subsection (8) restricts the circumstances in which an authorised officer may impose a requirement under this section so that it does not extend to an incident that involves the death of, or injury to, a person unless the authorised officer is a police officer. Annexure 1 -- 274 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 271 Authorised by the Chief Parliamentary Counsel Section 568 empowers an authorised officer to require, for compliance purposes (as defined in section 5), the driver of a heavy vehicle to produce a document, device or thing he or she is required by the Law to keep in the driver’s possession while driving. This power arises if the vehicle is stationary on a road, or if it is in or at a place entered under Part 9 or if it has been stopped under section 513 (dealing with a direction to stop the vehicle to enable the exercise of other powers). The driver must comply with the requirement unless there is a reasonable excuse. The maximum penalty is the same maximum penalty for the offence of failing to keep the document, device or thing in the driver's possession. Subsection (4) clarifies that it is not a reasonable excuse merely not to have the item in the driver’s possession or to refuse on the ground of self-incrimination. In the case of a document, device or other thing required to be in the driver’s possession, the officer may take a copy of or extract from a document, produce an image or writing from an electronic document or take an extract from a device or other thing. The officer must return the item as soon as practicable after inspection or, if a copy, extract or image or writing is produced from it, as soon as practicable thereafter. Where the officer reasonably believes the document, device or other thing required to be in the driver’s possession may provide evidence of an offence against the Law, he or she may seize it. The officer may require the driver to certify that a copy, extract or image or writing from a document or an entry in a document is a true copy. The driver must comply with the requirement unless there is a reasonable excuse. A maximum penalty of $3000 applies. The officer does not have to return a document, where he or she has asked the driver to certify the copy, extract or image or writing of, until the driver complies with the requirement. Annexure 1 -- 275 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 272 Authorised by the Chief Parliamentary Counsel Section 569 states that an authorised officer may require a responsible person for a heavy vehicle (as defined in section 5) to produce for inspection a document issued under the Law or document, device or other thing required to be kept under the Law or a heavy vehicle accreditation (as defined in section 5) or other specified documentation in the person’s possession or control that relates to the vehicle or the transport task or the person's business practices. The person must comply with the requirement unless there is a reasonable excuse. A maximum penalty of $6000 applies. Subsection (4) clarifies that a claim of privilege against self- incrimination is not a reasonable excuse. Note, however, that section 588 limits the use of particular documents or information in civil or criminal proceedings. The effect of that section is that, if a responsible person who is an individual produces for inspection a document under section 569 (other than a document issued to the person under the Law or a document, device or other thing required to be kept by the person under the Law or a heavy vehicle accreditation), the document and any evidence directly or indirectly derived from it is not admissible against the individual, except in a proceeding about the false or misleading nature of the document or anything in the document. The officer may take a copy of or extract from a document, produce an image or writing from an electronic document or take an extract from a device or other thing. The officer must return the item as soon as practicable after inspection or, if a copy, extract or image or writing is produced from it, as soon as practicable thereafter. Where the officer reasonably believes the document, device or other thing may provide evidence of an offence against the Law, he or she may seize it. The officer may require the person responsible for keeping the document to certify that a copy, extract or image or writing from a document or an entry in a document is a true copy. The person must comply with the requirement unless there is a reasonable excuse. A maximum penalty of $3000 applies. Annexure 1 -- 276 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 273 Authorised by the Chief Parliamentary Counsel The officer does not have to return a document, where he or she has asked the person to certify the copy, extract or image or writing of, until the person complies with the requirement. Section 570 empowers an authorised officer to, for compliance purposes (as defined in section 5), require a responsible person for a heavy vehicle (as defined in section 5) to provide information about the vehicle, its equipment or load and personal details (as defined in this section) known to the person about any other responsible person for the vehicle. It is an offence not to comply without a requirement without reasonable excuse. A maximum penalty of $6000 applies. Subsection (4) provides that it is a defence for the person not to prove that he or she did not know and could not reasonably be expected to know or to ascertain the information. Subsection (5) clarifies that it is not a reasonable excuse to claim the privilege against self-incrimination. Note, however, that section 588 limits the use of particular documents or information in civil or criminal proceedings. The effect of that section is that, if a responsible person who is an individual provides information under section 570, the information and any evidence directly or indirectly derived from it is not admissible against the individual, except in a proceeding about the false or misleading nature of the information or anything in the information. Division 5 Improvement notices Section 571 states that the Division applies only where the authorised officer is authorised to issue improvement notices (through written authority from the relevant police commissioner in the case of an authorised officer who is a police officer or if stated in the instrument of appointment in the case of an authorised officer who is not a police officer). Section 572 provides that where an authorised officer reasonably believes that a person has contravened or is contravening the Law in circumstances that make it likely that the contravention will continue or be repeated, the officer may Annexure 1 -- 277 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 274 Authorised by the Chief Parliamentary Counsel issue an improvement notice requiring the person to remedy the situation or the matters or activities occasioning it within the period stated in the notice. The provision sets out restrictions on the time period that can be stated and specifies the contents of the notice. Section 573 states that the recipient of an improvement notice must comply unless there is a reasonable excuse. A maximum penalty of $10000 applies. Subsection (2) provides a defence where the alleged contravention, likely contravention or matters or activities occasioning them was remedied within the time stated in the notice, although in a way different from that stated in the notice. Subsection (3) clarifies that if a person is given an improvement notice because of a contravention of the Law, the person cannot be proceeded against for that contravention unless the person fails to comply with the improvement notice, without a reasonable excuse, or the improvement notice is revoked under section 575. Section 574 sets out the procedures for amending an improvement notice. It also specifies that if the notice was issued by an authorised officer who is a police officer, it can be amended by another such officer and if the notice was issued by an authorised officer who is not a police officer, it can be amended by any authorised officer who is not a police officer. Section 575 deals with the revocation of an improvement notice. It specifies that a notice given by an authorised officer who is a police officer may be revoked by the relevant police commissioner or by a more senior police officer who has the relevant commissioner’s authority to issue improvement notices. A notice given by an authorised officer who is not a police officer may be revoked by the Regulator. Section 576 states that an approved authorised officer may issue a clearance certificate stating that the requirements of an improvement notice have been satisfied. Subsection (3) defines the term ‘approved authorised officer’. In the case of an improvement notice issued by an authorised officer who is a Annexure 1 -- 278 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 275 Authorised by the Chief Parliamentary Counsel police officer, it means another police officer who has the relevant commissioner’s authority to issue improvement notices. In the case of an improvement notice issued by an authorised officer who is not a police officer, it means any authorised officer who is not a police officer. Division 6 Power to require reasonable help Section 577 empowers an authorised officer to require reasonable help from an occupier of or a person at a place entered under Chapter 9 or from a driver of a heavy vehicle on a road where a power under Chapter 9 is being exercised. It is an offence not to comply with the requirement without reasonable excuse. A maximum penalty of $10000 applies. Subsection (5) specifies that it is a reasonable excuse for an individual if the assistance required is outside the scope of a individual’s business or other activities or if self-incrimination might occur. However, subsection (6) clarifies that it is not a reasonable excuse to claim the privilege against self-incrimination in relation to a document or information required to be kept or held by the individual under the Law. Note, however, that section 588 limits the use of particular documents or information in civil or criminal proceedings. The effect of that section is that, if an individual gives an officer a document or information in response to a requirement under section 577, the document or information and any evidence directly or indirectly derived from it is not admissible against the individual, except in a proceeding about the false or misleading nature of the document or information or anything in the document or information. Annexure 1 -- 279 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 276 Authorised by the Chief Parliamentary Counsel Part 9.5 Provisions about exercise of powers Division 1 Damage in exercising powers Section 578 provides that, in exercising a power under the Law, it is the responsibility of an authorised officer to take all reasonable steps to cause as little inconvenience and damage as possible. However, this does not confer a statutory right to compensation, other than as provided under Division 2. That Division provides for compensation for costs, damage or loss incurred because of the exercise of a power under Chapter 9. Section 579 states that where an authorised officer, in the course of exercising a power under the Law, or a person assisting the officer damages something, the officer must take all reasonable steps to restore the thing to its condition immediately before the damage. The section only applies where there has been an improper or unreasonable exercise of a power or the use of unauthorised force. Section 580 sets out the procedures for giving notice of the damage and the contents of the notice, including a statement that a person may have a right to compensation under section 581. However, the provision does not apply if the officer reasonably believes that the thing has been restored to its condition immediately before the damage, or the damage is trivial, or there is nobody apparently in possession of the thing or it appears to have been abandoned. The provision also does not apply in relation to any damage resulting from the exercise of powers under the Law where the damage was not caused by an improper or unreasonable exercise of a power or the use of unauthorised force. Annexure 1 -- 280 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 277 Authorised by the Chief Parliamentary Counsel Division 2 Compensation Section 581 states that 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, under Chapter 9. However, subsection (2) specifies that this does not apply to costs, damage or loss incurred because of a lawful seizure or forfeiture or because of an exercise, or purported exercise, of a power by or for an authorised officer. The provision details procedures for claiming compensation and the matters a court must consider in determining whether to make a compensation order. Subsection (6) authorises the making of national regulations to prescribe other matters the court may or must take into account when considering whether it is just to order compensation. Division 3 Provision about exercise of particular powers Section 582 deals with the situation where an authorised officer directs the driver of a fatigue-regulated heavy vehicle to stop the vehicle for compliance purposes (as defined in section 5). If the driver is detained for more than 5 minutes, he or she may request the officer to make a notation in the driver’s work diary setting out specified details, including the length of time spent talking to the officer, and the officer must comply. Part 9.6 Miscellaneous provisions Division 1 Powers of regulator Section 583 states that the Regulator may exercise powers conferred on an authorised officer under the Law which do not require the physical presence of an officer. Subsection (1) clarifies that the powers conferred on an authorised officer and Annexure 1 -- 281 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 278 Authorised by the Chief Parliamentary Counsel exercisable by the Regulator are functions of the Regulator and therefore delegable by the Regulator to its own staff. Division 2 Other offences relating to authorised officers Section 584 creates an offence for a person without reasonable excuse to obstruct an authorised officer or somebody helping an authorised officer or an assistant who is exercising a power under section 518 (dealing with moving an unattended heavy vehicle on a road to enable the exercise of another power), section 519 (dealing with moving an unattended heavy vehicle on a road if it is causing or creating an imminent risk of serious harm to public safety, the environment or road infrastructure), or section 523 (dealing with entering a vehicle and starting or stopping its engine to enable the exercise of another power). A maximum penalty of $10000 applies. The term ‘obstruct’ is defined in subsection (2) so as to include assault, hindrance, resistance and attempts or threats to obstruct. Section 585 states that a person must not impersonate an authorised officer. A maximum penalty of $10000 applies. Division 3 Other provisions Section 586 makes it clear that an authorised officer may give multiple directions or requirements and may give further directions or requirements, whether under the 1 provision or 1 or more other provisions of Chapter 9. Section 587 clarifies that 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. This provision is necessary to nullify an argument by a person who refused to comply with a requirement issued under the Act that the refusal was justified by protections against self incrimination provided under the general law. Annexure 1 -- 282 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 279 Authorised by the Chief Parliamentary Counsel Section 588 applies to a document or information required to be produced or provided under section 569(1)(c) to (f), 570 or 577 (respectively relating to the power to require production of specified documents, the power to require specified information and the power to require reasonable help). Subsection (2) provides that evidence of or derived from information provided is not admissible in court proceedings against the individual to the extent that it tends to incriminate the individual or expose the individual to a penalty unless the proceedings relate to the false or misleading nature of the information or anything in the information. Subsection (3) provides that a document produced is not inadmissible in evidence in court proceedings against the individual on the ground that the document might incriminate the individual. This abrogation of the privilege against self-incrimination is necessary for compliance and enforcement purposes. In the absence of a provision compelling the production of documents and further providing for the use of those documents as evidence, prosecuting breaches of the Act – particularly offences detected during the course of on-road enforcement – would require far greater investigative resources. Public safety is liable to be compromised if prosecution of heavy vehicle offences is more difficult under the Law than existing jurisdictional laws. Section 589 provides that any evidence obtained (including any evidence seized) up to the time the consent is withdrawn after an authorised officer enters a place with the occupier’s consent, is not invalid or inadmissible in proceedings for a contravention of this Law merely because the consent was withdrawn. Annexure 1 -- 283 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 280 Authorised by the Chief Parliamentary Counsel Chapter 10 Sanctions and provisions about liability for offences Part 10.1 Formal warnings Section 590 states that where an authorised officer is reasonably satisfied of a contravention of the Law (other than a substantial or sever risk breach of a mass, dimension or loading requirement), the authorised officer may give the individual a written warning. When the warning is given to the individual under this section, the person cannot be proceeded against for an offence against this Law constituted by the contravention. The warning is, however, subject to revocation within 21 days by an approved authorised officer (being a police officer who is an authorised officer and whose Commissioner has authorised them or any other authorised officer, to withdraw warnings), thereby exposing the offender to the possibility of proceedings for the contravention for which the warning was given. Part 10.2 Infringement notices Section 591 establishes a general power for an authorised officer to issue infringement notices for prescribed offences against this Law. The section further provides that 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. Subsection (3) allows for the prescription of the offences in the Law for which infringement notices may be issued through the inclusion of the definition prescribed offences. Section 592 authorises the Regulator to keep a record of infringement notices issued and paid. The recorded information may be used for research purposes, for proceedings related to the offence or if the information is relevant in deciding whether Annexure 1 -- 284 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 281 Authorised by the Chief Parliamentary Counsel the individual is a systematic or persistent offender for the purpose of issuing a supervisory intervention order or prohibition order. Information in a record of an infringement notice issued for the purposes of the Law and kept by the Regulator may also be used in a proceeding for a relevant extended liability offence. Relevant extended liability offences are expressly identified through the Law by provisions authorising the use of details stated in the infringement notice as evidence in the proceedings. Supervisory intervention orders and prohibition orders are respectively dealt with by Divisions 5 and 6 of Part 10.3 of this Chapter. Part 10.3 Court sanctions Division 1 General provisions Section 593 states that a court which finds a person guilty of an offence may impose any one or more of the penalties available under this Part for that offence. Section 594 sets out that in deciding penalty for the contravention of a mass, dimension or loading requirement, a court is to have regard for the magnitude of the risk assigned by the Law (which categorises breaches of its requirements as minor, substantial or severe) to the offence. The provision explains how the breaches have been determined in terms of the magnitude of risk in relation to such factors as accelerated road wear, unfair commercial advantage, traffic congestion, diminished public amenity and public safety. Section 595 states that where a court is satisfied that there has been a contravention of a mass, dimension or loading requirement, but is not satisfied as to the seriousness of the contravention against the offence categories provided in the Law, the court may treat the breach as being of a lesser categorised risk breach. Annexure 1 -- 285 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 282 Authorised by the Chief Parliamentary Counsel Division 2 Provisions about imposing fines Section 596 sets out that the maximum penalties specified in the Law, are generally those available to be imposed on individual offenders. Where a body corporate is involved, this provision allows the imposition of a penalty of up to five times the amount for an individual. Division 3 Commercial benefits penalty orders Section 597 provides that a court which finds a individual guilty of an offence may, on application of the prosecution, impose a gross commercial benefits penalty of up to three times the actual or anticipated gross commercial benefit (disregarding in the calculations any costs, expenses or liabilities in obtaining that benefit), which the court estimates was or would have been but for intervention by an authorised officer, derived from the conduct giving rise to the offence. Division 4 Cancelling or suspending registration Section 598 states that a court convicting an individual of an offence may cancel or suspend the registration of a heavy vehicle to which the offence relates and to which the individual convicted is the registered operator. In addition, the court may disqualify the person or an associate of the person from applying for registration for a specified time. The term associate is defined in terms of family, employment, corporate or business relationships in provision 5 of the Law. Provision is made to protect the rights of individuals who may not be present in court, by granting them opportunity to show cause why the court should not order the suspension or cancellation. Annexure 1 -- 286 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 283 Authorised by the Chief Parliamentary Counsel Subsection (5) requires a court to notify the Regulator when a decision has been made to suspend or cancel the registration of a vehicle. Division 5 Supervisory intervention orders Section 599 (Division 5) applies in situations where a court that convicts an individual of an offence against the Law, considers that the individual is or is likely to become a systematic or persistent offender, having regard to the circumstances of present convictions and other convictions of the individual. Section 600 maintains that in a case to which Division 5 applies, the court, on application of the prosecution or the Regulator, may make a supervisory intervention order requiring the convicted individual to: • do stated things to improve the individual’s compliance with the Law (such as appointing or training staff, obtaining expert advice or installing equipment); or • implement stated practices, systems or procedures for monitoring or ensuring compliance; or • give compliance reports to the Regulator and/or the court; or • appoint a person to assist in improving compliance. A supervisory intervention order may be made for up to 1 year and the convicted person must bear the cost of complying with it. Section 601 provides that the court may make a supervisory intervention order only if satisfied the order is capable of improving the convicted person’s ability or willingness to comply with the Law, having regard to the person’s record of offences and certain other matters. Section 602 states that a court may suspend any other order it makes until the supervisory intervention order ends, unless the court is satisfied that there has been substantial failure to comply with the supervisory intervention order. Annexure 1 -- 287 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 284 Authorised by the Chief Parliamentary Counsel Section 603 specifies that on application by the Regulator or a person to whom a supervisory intervention order applies, the court that made the order may amend or revoke the order if satisfied there has been a change in circumstances warranting the amendment or revocation. Section 604 provides that a person to whom a supervisory intervention order applies must comply with the order unless the person has a reasonable excuse. A maximum penalty of $10000 applies. Section 605 states that if both a supervisory intervention order and a prohibition order (made under Division 6 apply to an individual, the former is ineffective until the prohibition order has ceased to apply. Division 6 Prohibition orders Section 606 applies Division 6 in situations where a court that convicts a person of an offence against the Law, considers that the individual is or is likely to become a systematic or persistent offender, having regard to the circumstances of the present conviction and other convictions of the individual. Section 607 states that in a case to which Division 5 applies, the court, on application of the prosecution or the Regulator, may make a prohibition order prohibiting the convicted person from having a stated role or responsibility in road transport for up to 1 year. Subsection (2) provides that such a role or responsibility does not extend to holding a driver licence or having a vehicle registered or licensed under an Australian road law. The term Australian road law is defined in provision 5 to mean the Law or another law regulating the use of vehicles on roads. Section 608 provides that a court may only make a prohibition order if satisfied that the convicted person should not continue to have the role or responsibility prohibited by the order and that, in the light of the person’s previous offences and certain other matters, a supervisory intervention order would be inappropriate Annexure 1 -- 288 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 285 Authorised by the Chief Parliamentary Counsel Section 609 maintains that on application by the Regulator or the person to whom a prohibition order applies, the court that made the order may amend or revoke the order if satisfied there has been a change in circumstances warranting the amendment or revocation. Section 610 states that a person to whom a prohibition order applies must comply with the order unless the person has a reasonable excuse. A maximum penalty of $10000 applies. Division 7 Compensation orders Section 611 provides that a court that convicts a person of an offence against the Law may make a compensation order requiring the convicted person to pay the road manager an amount awarded by the court in respect of damage to road infrastructure resulting from the offence. Section 5 defines road manager as a public authority declared by law to be the manager of a particular road for the purposes of the Law. Subsection (3) allows the order to be made in respect of damage which the court is satisfied on the balance of probability was caused or partly caused by the offence. Subsection (4) provides that the order may be made at the point of conviction or later. Section 612 states that a wide discretion is conferred on the court in assessing compensation. Subsection (2) however, sets out some matters, including evidence and other relevant considerations, to which it may have regard. The evidence which a court may consider in some circumstances includes certificate evidence given by a person on behalf of a public authority which is a road manager. In these circumstances subsection (3) provides that it is to be presumed, unless otherwise proved, that the person who signs the certificate had authority to do so. Section 613 sets out further procedures attending the use of and challenges to, certificate evidence for which section 612(2)(c) provides. Annexure 1 -- 289 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 286 Authorised by the Chief Parliamentary Counsel Subsection (3) requires a defendant who intends to challenge the accuracy of any measurement, analysis or reading in the certificate submitted by a road authority to assist a court to make a compensation order to state the basis for the claimed inaccuracy and state the measurement, analysis or reading that the defendant considers to be correct. Section 614 requires that the compensation not: • exceed the proportion of the loss attributable to the offender or any monetary limit in the court’s civil jurisdiction, and • be attributable to death, personal injury, the road manager’s loss of income (as might happen where a toll booth was demolished) or loss to property that is not road infrastructure. Section 615 states that 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. Section 616 provides that compensation orders and associated costs orders can be enforced in the same way as priers for costs in civil proceedings before the court. Section 617 recognises that civil proceedings are sometimes brought to recover damages for loss associated with damage to road infrastructure and provides safeguards both for the road manager and the offender by preventing unjust enrichment arising from multiple proceedings but also preserving the road manager’s right to institute civil proceedings. Part 10.4 Provisions about liability Division 1 Reasonable steps defence Section 618 states that many of the offence provisions of the Law exclude the mistake of facts defence (under which a person’s belief in a state of facts which, if true, would have avoided liability). The Law however, provides a reasonable steps defence and this provision further explains the reasonable steps defence. Annexure 1 -- 290 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 287 Authorised by the Chief Parliamentary Counsel The reasonable steps defence is a defence for a person to show that they did not know and could not reasonably be expected to have known of a contravention of the Law and that they took all reasonable steps to prevent the contravention or could do nothing to prevent the contravention. Division 2 Matters relating to reasonable steps Section 619 specifies that some of the offences the Law provides involve a person having failed to take all reasonable steps to do or avoid an outcome, while other offences provide a reasonable steps defence as outlined in section 618 (above). This provision states that Division 2 applies in both such situations. Section 620 states that a court is given a wide discretion in determining whether reasonable steps have been taken in regards to mass, dimension or loading offences. In addition, the provision sets out several factors that may be relevant to a court when determining whether a person took all reasonable steps. Section 621 applies if the operator or owner of a heavy vehicle seeks to rely on the reasonable steps defence in relation to a charge of contravening a mass requirement. The provision excludes from the reasonable steps defence, reliance on a container weight declaration (as defined in section 5) which is known or ought reasonably to have been known, to be inaccurate. Section 622 confers a wide discretion on a court in determining reasonable steps in relation to a speeding offence under Chapter 5 or a fatigue management offence under Chapter 6. In addition, the section sets out certain matters which the court may have regard for. Section 623 states that some of the provisions in Chapter 5 regarding speeding and in Chapter 6 regarding fatigue, impose extended liability on a party within the chain of responsibility, who would normally have some measure of control over the road transport task. This section explains how the reasonable Annexure 1 -- 291 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 288 Authorised by the Chief Parliamentary Counsel steps defence may apply to a party within the chain of responsibility if charged. Section 624 authorises the making of regulations about matters dealt with in section 623 (above). Section 625 provides that compliance with a registered industry code of practice may sometimes be relevant to a reasonable steps defence. This section sets out procedures to be followed in such a case. Section 706 deals with the registration of industry codes of practice. Division 3 Other defences Section 626 defines the term deficiency in relation to a heavy vehicle for purposes of Division 3. The term includes for example a vehicle being unsafe, the contravention by a vehicle of a vehicle standard and a deficiency constituted by the absence of a particular thing required to be in, or displayed on, the vehicle. Section 627 provides a defence to an owner or operator of a heavy vehicle where it is proved that the person using the vehicle did so without lawful entitlement. Section 628 provides a defence to a driver charged with an offence involving a deficiency of the kind described in section 626. The defence applies where the driver can prove that they did not cause the deficiency, did not know and could not reasonably know or be expected to find out about the deficiency and had no control or responsibility in respect of the deficiency. Section 629 provides a defence for a person charged under the Law where the person can establish that the conduct constituting the offence was done in compliance with a direction given by the Regulator, an authorised officer, or a person authorised under a law of a state or territory. Section 630 provides a defence for a person charged under the Law where the person can establish that the conduct constituting the offence occurred in response to circumstances of sudden or extraordinary emergency. Annexure 1 -- 292 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 289 Authorised by the Chief Parliamentary Counsel Section 631 provides a defence for a person charged under the Law where the person can establish that the conduct constituting the offence is authorised or excused by or under a law. Division 4 Other provisions about liability Section 632 states that in determining whether a person ought reasonably to have known something for the purposes of the Law, a court is required, by section 632, to consider relevant factors including the person’s abilities, experience, expertise and knowledge. Section 633 sets out that where the Law imposes liability on more than 1 person, proceedings against any one of the persons can be taken regardless of whether proceedings against the other person or persons have commenced or concluded, and regardless of the outcome of any such proceedings. Section 634 protects a person from being punished more than once for the same contravention of this Law or for the same offence. Section 635 states that in some provisions of the Law, an offence involves both an act or omission and a particular state of mind (such as knowledge or intent) on the part of the alleged offender. In such a case, section 635 provides that where somebody else (such as an employee or agent) was acting on behalf of the alleged offender, it is sufficient to prove the state of mind of that person rather than that of the offender. Section 636 provides that where a corporation commits an offence (whether or not it has been prosecuted or convicted of the offence), an executive officer may be liable for the same offence. This applies to a range of offences committed by a corporation where it can be established the executive officer knowingly authorised or permitted the conduct constituting the offence. These offences are set out in column 2 of Schedule 4 to the Law. Subsection (2) establishes a second, alternative, basis for derivative liability where an offence is committed and the executive officer knew or ought reasonably to have known of Annexure 1 -- 293 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 290 Authorised by the Chief Parliamentary Counsel the conduct constituting the offence or that there was a substantial risk that the offence would be committed. The range of offences for which derivative liability might arise is set out in column 3 of Schedule 4 to the Law. The executive officer is only liable for the penalty applying to an individual, and not the 5 times greater penalty applying to a corporation under section 596. Subsection (3) provides defences for executives to prove the exercising of reasonable diligence or that they were not in a position to influence the conduct of the corporation. In addition, subsection (7) protects unpaid executives from liability under this provision. Section 5 defines executive officer as someone who is concerned in or takes part in the corporation’s management. The provision is intended to bring the obligations of executive officers as far as practicable into conformity with the COAG- agreed principles for assessment of directors’ liability provisions. It is intended this section forms the subject of a more comprehensive review in future to ensure the adequacy of the approach taken. Not all offences created under the Law satisfy the requirements of the COAG principles. Accordingly the range of offences set out in Schedule 4 for which derivative liability may arise does not encompass all offences created under the Law. An explanation of the basis on which offences were selected for incorporation is set out at Appendix 2. Section 637 subjects each of the individual partners to the same penalty as an individual where their partnership would otherwise be liable similarly to the approach adopted for section 636 and for the same reasons. Accordingly, derivative liability will attach to a partner in an unincorporated partnership only where the partner knew knowingly authorised or permitted the conduct constituting the offence, or ought reasonably to have known of the conduct constituting the offence or that there was a substantial risk that the offence would be committed. Annexure 1 -- 294 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 291 Authorised by the Chief Parliamentary Counsel However, whereas executive officers for a corporation are liable only for the offences stipulated in Schedule 4, partners are liable on behalf of the partnership for all offences that would have been otherwise committed by the partnership (which itself has no legal personality and cannot be the subject of enforcement action) to avoid the possibility no person would be liable for an offence on behalf of the partnership. Subsection (3) provides a defence for a partner who can prove the exercise of reasonable diligence or that they were not in a position to influence the conduct of the partnership. Section 638 makes provision for the liability of those involved in the management of unincorporated bodies similarly to the approach adopted for sections 636 and 637 and for the same reasons. As for partners, the management members for an unincorporated body remain liable for all offences that would have been otherwise committed by the unincorporated body. Section 639 explains that references within the Chapter to the operator of a heavy vehicle, generally means the registered operator. However, special provision is made for cases of vehicles in combinations (where different operators may have responsibility for different vehicles comprising the combination) and for situations where the registered operator is not, at the relevant time, the actual operator of the vehicle. Chapter 11 Reviews and appeals Part 11.1 Preliminary Section 640 provides definitions for terms used in Chapter 11 which include public safety ground, relevant appeal body, relevant jurisdiction, reviewable decision, review application, review decision and reviewer. Annexure 1 -- 295 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 292 Authorised by the Chief Parliamentary Counsel Part 11.2 Internal review Section 641 outlines the timeframes and other requirements that apply when a dissatisfied person applies for an internal review. The section provides that the dissatisfied person is entitled to get a statement of reasons for the original decision they are seeking to have reviewed, even if the provision under which the decision was made does not specify that the person must be given at statement of reasons. The section further ensures that if a person is not given an information notice they may ask the Regulator to provide the statement of reasons. This section also defines ‘dissatisfied person’ to ensure there is clear identification of persons entitled to seek a review of a reviewable decision. Section 642 allows a person who applied for review of a reviewable decision of the Regulator or an authorised officer to apply to the relevant appeal body for a stay of the decision being reviewed. Reviewable decisions made on the basis of a public safety ground are excluded as it is not appropriate for decisions to amend or cancel an exemption or a mass or dimension authority for public safety reasons to be stayed. The section outlines the timeframes and processes that apply to the application for a stay and makes it clear that the appeal body may stay the reviewable decision to secure the effectiveness of the review and any later appeal. Section 643 requires the Regulator to refer applications for the review of decisions of a road manager to the road manager within 2 business days of receipt. Section 644 explains who may decide an internal review of a reviewable decision and how the review is to be conducted. Section 645 requires the reviewer to, within the prescribed period as defined in the section, make a review decision to either confirm or amend the reviewable decision or to substitute another decision for the reviewable decision. The section outlines the effect of each type of review decision. The section further requires a road manager that is a reviewer to give the Regulator notice of the review decision and reasons. Annexure 1 -- 296 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 293 Authorised by the Chief Parliamentary Counsel Section 646 requires the Regulator to give the applicant a review notice of the review decision as soon as practicable, or for decisions where the reviewable decision was made by a road manager, within 7 days of the reviewer giving the Regulator the notice of the decision. If the review decision is not the decision sought by the applicant, the review notice must include the reasons for the decision and whether or not an appeal is available and, if so, how to appeal. This section also provides, for review decisions relating to mass and dimension permits, that the review notice provide information to assist in calculating the relevant jurisdiction for any appeal if available. This section also explains that if a reviewer fails to make a review decision in the prescribed time, the reviewable decision is taken to be confirmed. Part 11.3 Appeals Section 647 allows a person to appeal a review decision of a reviewable decision made by the Regulator or an authorised officer to the relevant appeal body and outlines the timeframes that apply. This section also provides that the filing of an appeal does not affect the review decision unless the review decision is stayed. Section 648 allows a person who has lodged an appeal against a review decision of a reviewable decision of the Regulator or an authorised officer to apply to the relevant appeal body for a stay. Reviewable decisions made on the basis of a public safety ground are excluded as it is not appropriate for decisions to amend or cancel an exemption or a mass or dimension authority for public safety reasons to be stayed. The section outlines some timeframes and processes that apply to the application for a stay. The section provides that the appeal body may stay the operation of the review decision to secure the effectiveness of the appeal and may give the stay on conditions and it may be amended or revoked. Annexure 1 -- 297 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 294 Authorised by the Chief Parliamentary Counsel Section 649 outlines the powers of the appeal body including that the appeal is to be by way of rehearing and made unaffected by the review decision and on the material before the appeal body and any other evidence it accepts. The section requires the appeal body to either: confirm the review decision, set aside the review decision and substitute another decision or return the matter to the person who made the reviewable decision with directions. Section 650 indicates the effect where the relevant appeal body substitutes a decision for a review decision on appeal. Chapter 12 Administration Part 12.1 Responsible Ministers Section 651 provides for the responsible Ministers as a group to be able to give directions to the Regulator about the policies to be applied by the Regulator. While the Regulator must comply with a direction of the responsible Ministers, the responsible Ministers are not able to direct the Regulator regarding a particular person, heavy vehicle or application or proceeding. This section aims to ensure the Regulator is provided with strategic policy guidance without erosion of the Regulator’s independence as a statutory authority entitled to make its own decisions. Section 652 allows a responsible Minister for a participating jurisdiction to refer matters relevant to the responsible Minister’s jurisdiction to the Regulator for action or information. These referrals must be consistent with the directions or guidelines issued by the responsible Ministers as a group and cannot interfere with the independent exercise of the Regulator’s functions under the law. The Regulator may also charge a reasonable fee based on the cost of dealing with the referral. Any fee charged by the Regulator when dealing with a request by a responsible Minister is not subject to section 740(2) to (4). Annexure 1 -- 298 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 295 Authorised by the Chief Parliamentary Counsel Section 653 provides the responsible Ministers may approve guidelines about various matters including granting exemptions, authorisations, approvals and accreditations under this Law. The section provides that guidelines are to be published in the Commonwealth Gazette and made available for inspection without charge at the office of the Regulator and on the Regulator’s website. Section 654 lists other matters the responsible Ministers may approve including: • A standard for sleeper berths • Standards and business rules relating to fatigue, maintenance and mass management schemes • A class of auditors for accreditation schemes. The section provides the approvals are to be published in the Commonwealth Gazette and made available for inspection without charge at the office of the Regulator and on the Regulator’s website. Section 655 provides that the responsible Ministers, as a group, decide their procedures including voting requirements for making decisions under the law unless the law otherwise specifies. An example of when the law otherwise specifies a procedure is section 662 which indicates the responsible Ministers’ recommendation for appointment of Board members is to be unanimous. This section also clarifies that changes to the membership of the responsible Ministers do not invalidate prior decisions and that the Commonwealth responsible Minister (as defined in section 5) is not compelled by the law to participate in the exercise of functions by the responsible Ministers. The provision also clarifies that if the Commonwealth responsible Minister does decide not to participate it will not stop the remaining members of the responsible Ministers performing the functions, including making unanimous decisions. Annexure 1 -- 299 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 296 Authorised by the Chief Parliamentary Counsel Part 12.2 National Heavy Vehicle Regulator Division 1 Establishment, functions and powers Section 656 establishes the National Heavy Vehicle Regulator. The section further explains that the application of this Law by one or more State or Territory Parliaments has the effect of creating a single national Regulator that is able to exercise its functions in one or across all participating jurisdictions. ‘This Law’ and ‘participating jurisdiction’ are defined in section 5 to ensure that jurisdictions, that do not enact an Act to apply the Heavy Vehicle National Law but instead enact a law that substantially corresponds with the Heavy Vehicle National Law, or enact a law that is prescribed by a national regulation, are still participating jurisdictions with the laws being administered and enforced by the same national Regulator. Section 657 provides that the Regulator: • is a body corporate with perpetual succession, • has a common seal, and • can sue and be sued in its own corporate name. This section also states that the Regulator represents the State. Section 658 provides for the general powers of the Regulator including its ability to enter contracts, acquire, hold, dispose of and deal with real and personal property and other things necessary or convenient in the performance of its functions. This section also provides that the Regulator may enter into service agreements with participating jurisdictions. Service agreements may be for the jurisdiction to undertake activities for the Regulator to assist the Regulator in performing its functions, with examples including, but not limited to: Annexure 1 -- 300 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 297 Authorised by the Chief Parliamentary Counsel • provision of customer service facilities by staff in jurisdictions. • provision of enforcement or vehicle inspection services Service agreements may also be about the Regulator providing services for a jurisdiction, with examples including, but not limited to: • collection of compulsory third party insurance by arrangement with a jurisdiction or insurance provider, • collection of vehicle registration duty • collection of other monies • provision of additional enforcement services. Section 659 provides that the main function of the Regulator is to achieve the object of this law as provided in section 3. The section further describes a range of functions in more detail, but this list of functions is not to be considered limiting. Section 660 indicates that the Regulator is able to exercise its functions in cooperation with, or with the assistance of, a participating jurisdiction and the Commonwealth including government agencies such as departments or other entities of a participating jurisdiction and the Commonwealth. In particular, jurisdictions and the Commonwealth can share information with the Regulator to use in the exercise of its functions. Section 661 provides for the Regulator to be able to delegate its functions to: • The chief executive of an entity or department of a participating jurisdiction or the Commonwealth • The Regulator’s Chief Executive Officer or another member of the Regulator’s staff • A person engaged as a contractor of the Regulator, • Any other person the Regulator considers is appropriately qualified to exercise the function. Annexure 1 -- 301 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 298 Authorised by the Chief Parliamentary Counsel ‘Appropriately qualified’ is defined in section 5 and can include qualifications, experience or standing. An example of appropriate standing would include a person’s position within a public service department of a participating jurisdiction. As required under section 30 of schedule 1 ‘Miscellaneous provision relating to interpretation’, the Regulator’s delegations will be by written instrument and may be limited or issued subject to conditions as the Regulator sees fit. A delegate may be allowed to further sub-delegate the function if permitted to do so through the written instrument of delegation. This approach to delegation accommodates likely operational arrangements for the Regulator including service agreements with jurisdictions, other arrangements with contractors to provide services for the Regulator, but is flexible enough to accommodate other arrangements for the provision of services to the Regulator into the future. Division 2 Governing board of Regulator Subdivision 1 Establishment and functions Section 662 establishes the governing board for the Regulator. The section further explains that the application of this Law by one or more State or Territory Parliaments has the effect of creating a single national Board that is able to exercise its functions in one or across all participating jurisdictions. ‘This Law’ and ‘participating jurisdiction’ are defined in section 5 to ensure that even jurisdictions that do not enact an Act to apply the Heavy Vehicle National Law but instead enact a law that substantially corresponds with the Heavy Vehicle National Law or enact a law that is prescribed by a national regulation are still participating jurisdictions with the same single national Board governing the national Regulator. Section 663 provides for the appointment of the board members by the Queensland Minister on the unanimous recommendation of the responsible Ministers. The Queensland Minister is defined in section 5 to mean the responsible Minister for Annexure 1 -- 302 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 299 Authorised by the Chief Parliamentary Counsel Queensland. The Board will consist of 5 members with at least one member having expertise in transportation policy, at least one member having expertise in economics, law, accounting, social policy, or education and training, at least one member will have experience in managing risks to public safety arising from the use of vehicles on roads and at least one other member having expertise in financial management skills, business skills, administrative expertise or another skill considered relevant by the responsible Ministers. This section aims to ensure the responsible Ministers have sufficient guidance and the flexibility to appoint the Board it considers appropriate to govern the Regulator in the exercise of its functions. The section also provides that the Queensland Minister will, in accordance with the unanimous recommendation of the responsible Ministers, also appoint the Chair and Deputy Chair for the Board from amongst the board members. Section 664 provides that the affairs of the Regulator are to be controlled by the Board. The Board’s functions include, subject to directions of the responsible Ministers, deciding the policies of the Regulator and ensuring the Regulator performs its functions in a proper, efficient and effective way. Subdivision 2 Members Section 665 provides for the term of office for Board members being up to three years as determined in their instrument of appointment. The section allows for members to be reappointed if otherwise qualified. Section 666 provides for the responsible Ministers to determine the remuneration for Board members. Section 667 provides when the office of a Board member becomes vacant including allowing for the Queensland Minister to remove a Board member from office if the responsible Ministers recommend the removal based on the member engaging in misconduct or where they have failed to or are unable to properly exercise their functions as a Board member. This will allow a Board member to be removed for matters of Annexure 1 -- 303 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 300 Authorised by the Chief Parliamentary Counsel incapacity, incompetence of misbehaviour. Under section 655 the responsible Ministers will decide their own procedures including voting requirements for decisions to remove a Board member. Section 668 requires a Board member to give notice to the responsible Ministers of certain events including if they are convicted of an offence or have become bankrupt. Section 669 provides for an extension in term of office for up to six months for a Board member if their term of office has been completed but the member has not yet been reappointed or the vacancy has not otherwise been filled. Section 670 requires Board members to exercise their functions impartially and in the public interest. Section 671 requires Board members to disclose as soon as possible after they become aware of any direct or indirect pecuniary interests or other interests that may conflict with the exercise of the member’s function as a Board member. The nature of the conflict must be recorded in a register of interests kept by the Board. Generally, after disclosure of the conflict of interest, the member must not be present during deliberations or participate in any matter that may be affected by the conflict of interest. However, if the member with the conflict is the Chair of the Board, the responsible Ministers may decide to allow the Chair to continue to participate in matters related to the conflict. Similarly, the section provides for another Board member, the Board may decide to allow a member to participate despite the conflict of interest. If a Board member contravenes this section, any decision of the Board is not invalidated, but the Board must reconsider the prior decision. Subdivision 3 Meetings Section 672 provides for the general procedure for calling and conduct of meetings of the Board to be determined by the Board. Annexure 1 -- 304 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 301 Authorised by the Chief Parliamentary Counsel Section 673 provides a quorum for a meeting of the Board is the majority of its members. Section 674 allows the chief executive officer of the Regulator to attend Board meetings and to participate in discussions. However, the chief executive officer is not entitled to vote. Also the chief executive officer must disclose any direct personal interest in matters before the Board and must not be present during consideration of these matters. Section 675 describes who will be the presiding member at a Board meeting and, if the voting is otherwise tied, this section provides for the presiding member to have a second vote to decide the matter. Section 676 provides that a decision of the Board is a decision of the majority of votes cast at a meeting where there is a quorum present. Section 677 provides that the Chairperson or presiding member is to ensure minutes are taken of meetings. Section 678 provides for the Chairperson to call the first meeting. Subsequent calling of meetings will be governed by the procedures developed under section 672. Section 679 provides that a decision of the Board is not invalidated by a defect in a Board member’s appointment. Subdivision 4 Committees Section 680 allows the Board to establish committees to assist in the exercise of the Board’s functions. Division 3 Chief executive officer Section 681 provides for a chief executive officer for the Regulator to be appointed by the Board. The chief executive officer may be appointed for a maximum of five years, but may be reappointed. The chief executive officer is considered to be a member of the staff. As a member of staff, the remuneration and conditions of employment are governed by section 684. Annexure 1 -- 305 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 302 Authorised by the Chief Parliamentary Counsel Section 682 provides the chief executive officer is responsible for the day to day management of the Regulator and any other functions conferred by the Board. Section 683 allows the chief executive officer to delegate is functions, other than the power of delegation, to appropriately qualified members of the Regulator staff or chief executives of departments or other entities in participating jurisdictions. Division 4 Staff Section 684 provides for the Regulator to employ staff, including the chief executive officer, on terms and conditions decided by the Regulator subject to any relevant industrial award or other agreement that applies to the staff. Section 685 allows staff from participating jurisdictions, the Commonwealth or local governments to be seconded to the Regulator. Section 686 allows the Regulator to engage contractors and consultants. Part 12.3 Miscellaneous Division 1 Finance Section 687 establishes the National Heavy Vehicle Regulator Fund to be administered by the Regulator. The Fund does not form part of the consolidated fund or consolidated account for any participating jurisdiction or the Commonwealth. Section 688 provides for the monies that are to be paid into the Fund including: • Money appropriated by a Parliament for the purposes of the Fund • Fees, charges, costs and expenses paid to or recovered by the Regulator under the Law • Proceeds of investments of money in the Fund Annexure 1 -- 306 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 303 Authorised by the Chief Parliamentary Counsel • Subject to any declared trusts, all grants, gifts and donations made to the Regulator • Money directed to be paid into the Fund by this Law or another law of a participating jurisdiction or the Commonwealth • Other money or property received by the Regulator in connection with the exercise of its functions • Money paid to the Regulator for the provision of services under a service agreement to a State or Territory. Subsection (2) clarifies that, with regards to registration charges, the road user component of the charge is not automatically payable into the Regulator Fund but the regulatory component of registration charges is automatically payable into the Regulator Fund. The regulatory component will be defined by a national regulation. Section 689 provides that the moneys that may be paid out of the Fund include: • Costs, expenses, discharging any liabilities incurred in the administration or enforcement of this Law, including payments to States and Territories for the provision of services under a service agreement • Moneys directed to be paid out of the Fund under this Law • Other payments recommended by the Regulator and approved by the responsible Ministers. Under section 655 the responsible Ministers will decide their own procedures including voting requirements for approval of payments out of the Fund under 689(c). Section 690 allows the Regulator to make secure, low risk investments of moneys in the Fund. Section 691 requires the Regulator to: • carry out its operations efficiently, effectively and economically • keep proper books and records for all money it receives Annexure 1 -- 307 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 304 Authorised by the Chief Parliamentary Counsel • ensure expenditure from the Fund is for lawful purposes and reasonable value for money is received from money expended from the Fund • have procedures that afford adequate safeguards for correctness, regularity and proprietary of payments from the Fund, receiving and accounting for payments into the Fund and prevention of fraud and mistake • prepare financial statements in accordance with Australian Accounting Standards • facilitate audits of financial statements including any additional audits required by the responsible Ministers. Section 692 clarifies that the Regulator can establish accounts for moneys that are payable to other entities, such as money collected by the Regulator on behalf of jurisdictions. Division 2 Reporting and planning arrangements Section 693 provides for the Regulator to prepare an annual report within 3 months of the end of each financial year. The section outlines the matters to be included in the annual report and these may include matters prescribed under national regulations. The performance-reporting requirements for the Regulator are aligned with the standards and indicators outlined in the National Performance Standards. The section also provides for the tabling of the annual report in the Parliaments of each participating jurisdiction and the Commonwealth and that it is to be published on the Regulator’s website. Section 694 provides that the responsible Ministers may direct the Regulator to provide other reports relating to the exercise of the Regulator’s functions. Section 695 provides for the Regulator to annually provide a 3 year corporate plan to the responsible Ministers for approval. The corporate plan is to include the Regulator’s objectives, how the Regulator intends achieving the objectives and the proposed budget of the Regulator. The corporate plan is also to include Annexure 1 -- 308 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 305 Authorised by the Chief Parliamentary Counsel National Performance Measures, including the standards and indicators for the term of the plan. The section also requires the Regulator to advise the responsible Ministers if it makes a significant amendment to the corporate plan or if an issue arises that would have a significant impact on implementing an objective. Division 3 Oversight of the Regulator and Board Section 696 provides for the application of the following Queensland Acts: Information Privacy Act 2009, Public Records Act 2002 and Right to Information Act 2009 to guide the procedures and standards appropriate for privacy, recordkeeping and access to information for the Regulator and the Board. National regulations will be used to modify the Queensland Acts to ensure they can operate effectively for this scheme in all participating jurisdictions. In particular, the national regulations will be used to make necessary adjustments to cater for administrative arrangements. The section ensures that jurisdictional agencies, including the Department of Transport and Main Roads in Queensland, road managers, and police services continue to be required to apply their local oversight laws even where they are performing services for the Regulator under a service agreement or delegation. The modified Queensland oversight laws will apply to the activities of the Regulator regardless of which jurisdiction it operates in. This section makes it clear a national regulation can be used to modify the operation of subsection (5). Division 4 Provisions relating to persons exercising functions under Law Section 697 provides that persons exercising functions under the Heavy Vehicle National Law must act honestly and with integrity, in good faith and with a reasonable degree of care, diligence and skill. This section also provides for an offence for Annexure 1 -- 309 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 306 Authorised by the Chief Parliamentary Counsel a person improperly using their position or information that comes to their knowledge through the exercise of their functions under this Law. Section 698 provides for the protection of personal liability for some of the person’s exercising functions under the Law. For ‘protected persons’ liability instead attaches to the Regulator. ‘Protected persons’ has been defined to clarify who would be indemnified and who would not. Where the definition of ‘protected person’ in this section refers to any other person exercising functions under this Law’ it relates to functions of the Regulator and not other types of activities that may be mentioned in the law. For example, placing an electronic work diary label under section 347 or a statement by an approved auditor under section 459 may be activities identified in this law but it is not a function under this law. The section clarifies that not only natural persons who are performing functions for the Regulator (including the Regulator Board) are protected from personal liability. An individual who constitutes a body corporate (such as the Roads Corporation under the Transport Integration Act 2010) is also protected and other persons or classes of persons can be included by national regulations. Chapter 13 General Part 13.1 General offences Division 1 Offence about discrimination or victimisation Section 699 provides protection for employees or prospective employees from being dismissed, discriminated against or victimised because they have helped or provided information to a public authority or a law enforcement agency (both of which terms are defined in section 5) or made a complaint about a contravention or alleged contravention of this Law. Such protection is afforded by the creation of offences by an Annexure 1 -- 310 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 307 Authorised by the Chief Parliamentary Counsel employer or potential employer for such conduct, with a maximum penalty of $10000 applying to each offence. There is a reverse onus of proof for an offence against this section. If all the facts constituting the offence are proved other than the reason for the defendant’s action, the defendant must prove that the defendant’s action was not for the reason that the employee or prospective employee helped or gave information to a public authority or law enforcement agency or made a complaint. Section 700 establishes that if an employer is convicted of an offence against section 639 the court may impose one or more of a range of orders as well as a penalty for the offence. For example, a court may order the employer to pay damages to or reinstate the employee. It is an offence for a person against whom an order is made not to comply with the order, with a maximum penalty of $10000 applying. Division 2 Offences about false or misleading information Section 701 creates offences for a person who knowingly provides false or misleading statements to an official (with a maximum penalty of $10000 applying) or who recklessly provides false or misleading statements to an official (with a maximum penalty of $8000 applying). Section 702 creates offences for a person who knowingly provides false or misleading documents to an official (with a maximum penalty of $10000 applying) or who recklessly provides false or misleading documents to an official (with a maximum penalty of $8000 applying). Section 703 creates an offence for a responsible person for a heavy vehicle (defined in section 5) to give information to another responsible person for a heavy vehicle that they know or ought reasonably to know is false or misleading. A maximum penalty of $10000 applies. For example, a person who prepares the schedule for a heavy vehicle must not provide information to Annexure 1 -- 311 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 308 Authorised by the Chief Parliamentary Counsel the driver of a heavy vehicle about the schedule that they know or reasonably ought to know is false or misleading. Subsection (2) prohibits the reckless provision of false or misleading information by one responsible person for a heavy vehicle to another. This complements and provides a lower maximum penalty ($8000) than the knowledge based offence for the giving of false or misleading information in subsection (1). Section 704 creates a range of offences, each with a maximum penalty of $10000, for falsely representing that a current and properly issued heavy vehicle authority is held. A heavy vehicle authority is a heavy vehicle accreditation or an exemption, authorisation, permit or other authority issued under this law. For example, this section creates an offence for a person to represent that they hold a mass or dimension exemption (permit) to operate a class 1 heavy vehicle or a class 3 heavy vehicle which does not comply with a dimension requirement vehicle and to operate the vehicle accordingly, if no such permit is held. Part 13.2 Industry codes of practice Section 705 enables the Regulator to make guidelines for industry codes of practice that may be registered under the Law. Section 706 provides that the Regulator may register an industry code of practice prepared in accordance with the guidelines. Subsection (2) requires the Regulator to impose a series of statutory conditions on an industry code of practice at registration. These conditions require regular review, the designation of persons to maintain the code, and an obligation to update the code following changes to the guidelines for the preparation and content of the industry code of practice that is in force. The Regulator may impose further conditions on the registration. Subsection (7) clarifies that the Regulator incurs no liability for loss or damage suffered by a person because the person relied on a registered industry code of practice. Annexure 1 -- 312 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 309 Authorised by the Chief Parliamentary Counsel Part 13.3 Legal proceedings Division 1 Proceedings Section 707 provides that a proceeding for an offence against this law is to be by way of a summary proceeding and establishes the maximum period for which a proceeding must start as being the later of 2 years after the commission of the offence or 1 year from when the offence comes to the complainant’s knowledge but within 3 years after the commission of the offence. Division 2 Evidence Section 708 provides that it is not necessary to prove the appointment of an official or the police commissioner. Section 709 provides that a signature purported to be the signature of an official or the police commissioner is evidence of the signature. Section 710 provides that in a proceeding for an offence against this Law, certain statements made in the complaint for the offence are evidence of the matters so stated. Examples of matters that may be stated include that at a stated time or during a stated period a vehicle or combination was a heavy vehicle, or that a person was the registered operator of a heavy vehicle, or that a stated location was or was part of a road or a road-related area. This section effectively shifts the evidential burden to the accused person and is a potential breach of fundamental legislative principles. Section 711 provides that a certificate issued by the Regulator may be used as evidence of the matter so stated in the certificate. Examples of matters that may be stated include that at a stated time or during a stated period a vehicle was or was not registered under this Law, or a stated exemption or authorisation under this Law applied or did not apply to the stated person or stated heavy vehicle. Annexure 1 -- 313 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 310 Authorised by the Chief Parliamentary Counsel This section effectively shifts the evidential burden to the accused person and is a potential breach of fundamental legislative principles. Section 712 provides that a certificate issued by a road authority may be used as evidence of the matter so stated in the certificate. Examples of matters that may be stated include that at a stated time or during a stated period a vehicle was or was not registered or licensed under a law administered by the road authority or a stated location was or was not part of a road or road-related area. This section effectively shifts the evidential burden to the accused person and is a potential breach of fundamental legislative principles. Section 713 provides that a certificate issued by the Regulator stating that a matter appears in or has been worked out from a record kept by the Regulator or appears in or has been worked out from a record accessed by the Regulator for the administration or enforcement of this law, is evidence of the matter so stated. This section effectively shifts the evidential burden to the accused person and is a potential breach of fundamental legislative principles. Section 714 provides that a statement made by an authorised officer about the functioning of a weighing device or an intelligent transport system is evidence of the matter so stated. This section effectively shifts the evidential burden to the accused person and is a potential breach of fundamental legislative principles. Section 715 requires that a defendant who intends to challenge evidence provided by certificate under section 711, 712, 713 or 714(1) must give notice of their intention to challenge and describes the way in which such notice is to be given. Annexure 1 -- 314 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 311 Authorised by the Chief Parliamentary Counsel Section 716 provides that a record made by the operator of a weighbridge or weighing facility about the mass of a heavy vehicle or a component of a heavy vehicle is admissible in a proceeding under this Law and is evidence of the mass of the vehicle or component of the vehicle at the time it was weighed. Section 717 provides that a manufacturer may make a written statement as to a range of matters relating to: • the mass rating for a heavy vehicle or a component of a heavy vehicle; or • the performance rating for equipment used to restrain a load. The manufacturer’s statement is admissible in a proceeding and is evidence of the matter so stated. Section 718 provides that the maximum load capacity marked or printed on a tyre is evidence of the maximum load capacity for the tyre at cold inflation pressure decided by the manufacturer. It also provides for how mass can be determined if it is impracticable to work out the mass on each tyre in an axle or axle combination. Section 719 provides that transport documentation and journey documentation are admissible in a proceeding under this Law and provide evidence about certain matters, such as the status of parties to a transaction, the destination of a load, the location of a person, the time and date at which a range of events took place, and the location of anything mentioned in the documentation. Section 720 provides that evidence obtained in relation to a vehicle is not affected merely because the vehicle is not a heavy vehicle. Section 721 provides that a certificate purporting to be signed by a person on behalf of TCA is evidence of a matter so stated in the certificate. Examples of matters that may be stated include that at a stated time or during a stated period an intelligent transport system was or was not approved, or that a person was or was not an intelligent access service provider. Annexure 1 -- 315 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 312 Authorised by the Chief Parliamentary Counsel A person signing a certificate is presumed, unless the contrary is proved, to have been authorised by TCA to sign the certificate on behalf of TCA. This effectively shifts the evidential burden to the accused person and is a potential breach of fundamental legislative principles. Section 722 provides that for a range of matters relating to the operation of an approved intelligent transport system there is a presumption that the system was operating properly at the time unless proved otherwise. Examples of matters relating to the operation of the system include the information generated, stored, displayed, recorded, analysed, reported or transmitted by the system are correct. This section also establishes that in a proceeding where it is established by contrary evidence that particular information was not a correct representation of the information generated by the system, the presumption continues to apply to the remaining information. A defendant who intends to challenge a matter provided for under this section must give notice of their intention to challenge and describes the way in which such notice is to be given. This section effectively shifts the evidential burden to the accused person and is a potential breach of fundamental legislative principles. Section 723 establishes a series of evidential presumptions to facilitate the admissibility of IAP maps in legal proceedings. Subsection (1) establishes a conclusive presumption that a particular certified map was or was not the intelligent access map as issued by TCA on a stated date or during a stated period. Subsections (2) and (3) establish rebuttable presumptions as to the correctness of the contents of the certified map, and the authority of the signatory respectively. Section 724 provides that a report purporting to be made by an intelligent transport system is presumed to have been properly made and correct and is admissible in a proceeding under this law as evidence of the matters stated in it. Annexure 1 -- 316 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 313 Authorised by the Chief Parliamentary Counsel However this does not apply to information that was manually entered into the system by the operator or driver of a heavy vehicle. For example if a driver enters information about the mass of a vehicle into the system, the mass stated in a report generated by the system is not evidence of the mass of the vehicle. It also states that in a proceeding where it is established by contrary evidence that part of a report was not a correct representation of the information generated by the system, the presumption continues to apply to the remainder of the report. There is a requirement that a defendant who intends to challenge a matter provided for under this section must give notice of their intention to challenge and describes the way in which such notice is to be given. This section effectively shifts the evidential burden to the accused person. Section 725 provides that documents purporting to be made by an approved electronic recording system constituting an electronic work diary or of which an electronic work diary is a part is admissible in a proceeding under this Law and is evidence of a matter stated in it. Section 726 provides that a statement made by a person involved with the use or maintenance of an approved electronic recording system constituting an electronic work diary or of which an electronic work diary is a part about the maintenance of the system is admissible in a proceeding under this Law and is evidence of the matters stated in it. Part 13.4 Protected information Section 727 provides definitions of certain terms used in this Part of the Law including ‘authorised use’, ‘law enforcement agency’ and ‘protected information’. Annexure 1 -- 317 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 314 Authorised by the Chief Parliamentary Counsel The definition of authorised use provides for the authorisation, disclosure and use of personal information about a person in certain circumstances, including without the person’s consent. This could infringe on a person’s right to privacy. Subsection (2) clarifies that it is also an authorised use of 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). Subsection (3) clarifies that the authorised disclosure of protected information to an entity includes a reference to the disclosure of the information to a duly authorised employee or agent of the entity. Section 728 places a duty of confidentiality on a person who is or has been exercising functions under this Law not to disclose protected information to another person. However, the Regulator may disclose information which confirms that a stated person is the registered operator of a stated heavy vehicle or disclosing registration details to the executor or administrator of a person’s deceased estate. In addition, disclosure may be made to an entity for an authorised use or to, or with, the consent of the person to whom the information relates. Section 729 requires that protected information may only be used for certain purposes and outlines those purposes. Part 13.5 National regulations Section 730 gives authority to the Governor of the State of Queensland acting with the advice of the Executive Council of Queensland to make regulations under this Law on the unanimous recommendation of the responsible Ministers. This section prescribes the matters which may be included in the regulations and establishes maximum penalties which may be imposed under the regulations. The maximum penalty for an individual is $4000 and is $20000 for a corporation, this is higher than that which is normally included in regulations. Annexure 1 -- 318 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 315 Authorised by the Chief Parliamentary Counsel Section 731 authorises the making of regulations to establish and manage a scheme for persons performing vehicle examination functions under the Law. Subsection (2) allows for the recognition of existing schemes by which comparable entities are currently managed under state and territory laws as an interim measure to prevent dislocation during the establishment of the new scheme. Section 732 allows for the making of regulations to specify particular matters contained in or relating to agreements with States or Territories to provide services that are to be published on the Regulator’s website. Section 733 provides that regulations made under this Law are to be published on the NSW legislation website. It also provides that a regulation commences on a day or days to be specified in the regulation, being not earlier than the date it is published. Section 734 provides a process to allow responsible Ministers to give due consideration to, and advice on, issues raised during jurisdictional parliamentary scrutiny of national regulations with the aim of avoiding possible disallowance. Subsection (1) requires the responsible Minister for a participating jurisdiction 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. Subsection (2) requires responsible Ministers to prepare advice on the adverse report and provide a report to the relevant responsible Minister about the issues raised. The process provides an avenue for the responsible Ministers to be advised of issues raised, and to provide advice that may assist a local Minister in maintaining national consistency across the regulatory scheme. Annexure 1 -- 319 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 316 Authorised by the Chief Parliamentary Counsel Part 13.6 Other Section 735 states that the Regulator may approve forms and it requires the Regulator to publish the approval of a form on its website. Section 736 provides that the maximum penalty for an offence or contravention of a requirement of the Law is the penalty stated at the end of the relevant provision. Section 737 allows for the indexation of penalties for offences against the Law. The indexation mechanism is to be set out in regulations and is intended to be derived from generally accepted indexes such as inflation, for example, or the consumer or labour price indexes published by the Australian Bureau of Statistics. The note to subsection (2) recognises that the application of the index may result in no increase at all in a given year. In addition to the ordinary requirement of a unanimous recommendation required for regulations made under the Law in section 730, a regulation establishing the index referred to in subsection (2) requires responsible Ministers to be satisfied that the method generally accords with increases in relevant inflation indexes or similar indexes. Section 738 sets out the procedure for serving documents required or permitted to be served on a person under this Law. Section 739 prescribes the procedure for serving documents required or permitted to be served under this Law by post. It establishes that service is taken to have been effected at the time at which the letter would normally be delivered in the ordinary course of post unless proved otherwise. Section 740 provides that the regulations may prescribe fees payable for an application under this Law or for the issue of a work diary for the driver of a fatigue-regulated heavy vehicle. It also enables the Regulator to set fees for the provision of a service in connection with the administration of this Law (other than the fees which must be prescribed in the regulations), and establishes that the fees set by the Regulator must be reasonable and not more than the reasonable cost of providing the service. Annexure 1 -- 320 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 317 Authorised by the Chief Parliamentary Counsel It is also a requirement for the Regulator to publish the fees it sets in the Commonwealth Gazette and on the Regulator’s website. Subsection (3) provides a head of power for the making of national regulations to 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. Subsection (6) allows the Regulator to waive fees in circumstances prescribed by national regulations. Subsection (7) clarifies that a decision maker can decline to deal with a matter if the fee is not paid. Section 741 states that a fee, charge or other amount payable under this Law is a debt due to the Regulator and may be recovered. Section 742 has the effect of voiding any contract or agreement to the extent to which it is contrary to the Law or purports to change the effect of a provision of the Law or requires the payment or reimbursement of a penalty payable by another person under the Law. This section does not limit parties from entering into a contract that imposes greater or more onerous obligations than those required by the Law. Section 743 provides that this Law does not affect any power a court, tribunal, or official has apart from the Law. This includes a power or obligation under another law to amend, suspend, cancel or otherwise deal with the registration of a heavy vehicle. Annexure 1 -- 321 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 318 Authorised by the Chief Parliamentary Counsel Chapter 14 Savings and transitional provisions Part 14.1 Interim provisions relating to Ministers and Board Section 744 states that any jurisdiction that has signed the Inter- governmental Agreement on Heavy Vehicle Regulatory Reform may nominate a responsible Minister (as defined in section 5) even though the jurisdiction is not yet a participating jurisdiction (as defined in section 5) for the purposes of relevant provisions of the Law. Those are defined in this section as the provisions relating to the function of responsible Ministers other than section 652. Section 652 allows a responsible Minister for a participating jurisdiction to refer a matter relevant to that jurisdiction to the Regulator for action or to ask the Regulator for information about the exercise of the Regulator’s function as applied in that jurisdiction. Sub-section (3) specifies that this applies until the prescribed day for the jurisdiction. This is defined as the earlier of the participation day for the jurisdiction (defined in section 5 as the day it becomes a participating jurisdiction) or 30 June 2014. The effect of this section is to ensure that responsible Ministers may participate in key decisions of the responsible Ministers as a group during the initial implementation of the scheme, including recommendations about appointment of the Board members and national regulations. Section 745 provides that if the responsible Ministers rely on section 30 of Schedule 1 to the Law to appoint the members of the Board after enactment but before commencement of section 663 and a provision conferring a function on the Board has not yet commenced, the members may meet and exercise such a function in the same way and subject to the same conditions as if the relevant provision had commenced. Section 30 of Schedule 1 deals with the exercise of specified Annexure 1 -- 322 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 319 Authorised by the Chief Parliamentary Counsel powers between the enactment of a provision and its commencement. For example, the Board may appoint the chief executive officer for the Regulator even if section 681 has not yet commenced. This will allow necessary operational matters to be in place for the simultaneous commencement of the Regulator and relevant provisions of the Law. The section also provides that in exercising functions, Board members are entitled to receive the remuneration and allowances specified under section 666, even if that section has not commenced. However, in determining duration of office, a member’s term does not start until section 663 commences. In addition, the exercise of a function does not confer a right or impose a liability on a person before the relevant provision commences. Part 14.2 General provisions Part 14.2 (sections 746 to 755) provides general savings and transitional arrangements. Part 14.2 will work with national regulations and provisions in local application laws (that is the provisions in local laws that apply the National Law) to collectively manage the savings and transitional arrangements. The savings and transitional provisions in Part 14.2 ensure or facilitate the following: • As a general principle, from commencement of the National Law in a jurisdiction, matters relating to the administration of heavy vehicles under the National Law will be transferred from the jurisdictional agency to the Regulator, unless excluded. For example, applications for permits which have not yet been decided by the jurisdictional agency will move to the Regulator for finalisation. However, the transitional arrangement will still support a cooperative arrangement between the Regulator and jurisdiction in finalising these matters. Annexure 1 -- 323 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 320 Authorised by the Chief Parliamentary Counsel • Permits, notices or other exemption instruments in force prior to the commencement day will continue for a period as if they were made under the National Law. Consequently, after the commencement day these matters will be subject to the National Law and may be cancelled as if they were issued under the National Law. • Permits will be saved for up to 3 years from commencement unless they sooner expire or are cancelled. • Notices and similar exemption instruments of a class nature, will continue for a maximum of 5 years from commencement in the jurisdiction unless they sooner expire, are cancelled or are replaced by a new notice or instrument that covers the same matters in a substantially similar way as the previous notice. • Industry Codes of Practice will be preserved for up to 3 years unless they have an earlier review date. • The bulk of the administrative aspects of the PBS scheme and the instruments and decisions made under the scheme prior to the commencement of the Heavy Vehicle National Law will continue until the arrangements introduced by the Heavy Vehicle National Law Amendment Act 2012 are implemented. As a general principle, matters relating to offences under local laws or decisions already made under local laws (including for example, review and appeals of decisions or prosecutions made under local laws) are not to be automatically transferred to the Regulator. The savings and transitional scheme is intentionally designed to be flexible enough to provide an effective response for savings and transitional matters across a broad range of matters that may arise through implementation. Annexure 1 -- 324 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 321 Authorised by the Chief Parliamentary Counsel Schedule 1 Miscellaneous provisions relating to interpretation Schedule 1 to the Law contains miscellaneous interpretation provisions of a kind usually contained in the Interpretation Act of a State or Territory. The schedule is necessary to provide consistency in interpretation across jurisdictions – see section 10. Schedule 2 Subject matter for conditions of mass or dimension authorities Schedule 2 to the Law sets out the types of conditions the Regulator may consider appropriate to impose under a mass or dimension exemption (notice), or a mass or dimension (permit), or a class 2 heavy vehicle authorisation (permit) – see sections 119, 125 and 146. Schedule 3 Reviewable decisions Schedule 3 to the sets out the decisions that are reviewable decisions for the purposes of Chapter 11 of the National Law. Part 1 identifies the reviewable decisions of the Regulator, Part 2 identifies the reviewable decisions of an authorised officer, and Part 3 identifies reviewable decisions of a relevant road manager – see section 640. Annexure 1 -- 325 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 322 Authorised by the Chief Parliamentary Counsel Schedule 4 Provisions specified for liability of executive officers for offences by corporation Schedule 4 is inserted to outline the provisions specified for liability of executive officers for offences by corporations – see section 636. Annexure 1 -- 326 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 323 Authorised by the Chief Parliamentary Counsel Appendix 1 Penalties for offences against the Heavy Vehicle National Law Section Number and Provision Maximum Penalty ($) Chapter 2: Registration 30 Registration requirement 10000 39 Driver to carry proof of compliance with third party insurance legislation 3000 50 (1) Obtaining registration or registration items by false statements 10000 50 (2) Obtaining registration or registration items by false statements. 10000 51 (3) Replacement and recovery of incorrect registration items 4000 52 (4) Verification of particular records. 3000 Chapter 3: Vehicle Operations – standards and safety 60 (1)(a) Compliance with heavy vehicle standards 3000 60 (1)(b) Compliance with heavy vehicle standards 6000 79 (2) Return of permit 4000 80 (1) Replacement of defaced permit 4000 Annexure 1 -- 327 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 324 Authorised by the Chief Parliamentary Counsel Section Number and Provision Maximum Penalty ($) 81 (1) Contravening condition of vehicle standards exemption 3000 81(2) Contravening condition of vehicle standards exemption 3000 81 (3) Contravening condition of vehicle standards 3000 82 (2) Keeping relevant document while driving under vehicle standards exemption (notice). 3000 82 (3) Keeping relevant document while driving under vehicle standards exemption (notice) 3000 83 (1) Keeping copy of permit while driving under vehicle standards exemption (permit) 3000 83 (2) Keeping copy of permit while driving under vehicle standards exemption (permit) 3000 83 (3) Keeping copy of permit while driving under vehicle standards exemption (permit) 3000 85 (1) Modifying heavy vehicle requires approval 3000 85 (2) Modifying heavy vehicle requires approval 3000 86 (2) Approval of modifications by approved vehicle examiners 3000 89 (1) Safety requirement 6000 90 (1) Requirement about properly operating emission control system 3000 Annexure 1 -- 328 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 325 Authorised by the Chief Parliamentary Counsel Section Number and Provision Maximum Penalty ($) 90 (2) Requirement about properly operating emission control system 3000 90 (3) Requirement about properly operating emission control system 3000 91 (1) Person must not tamper with emission control system fitted to heavy vehicle 10000 91 (2) Person must not tamper with emission control system fitted to heavy vehicle 10000 92(2) Display of warning signs required by Heavy Vehicle Standards on vehicles to which requirement does not apply 3000 93(1) Person must not tamper with speed limiter fitted to heavy vehicle 10000 93(2) Person must not tamper with speed limiter fitted to heavy vehicle 10000 93 (3) Person must not tamper with speed limiter fitted to heavy vehicle 10000 Annexure 1 -- 329 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 326 Authorised by the Chief Parliamentary Counsel Section Number and Provision Maximum Penalty ($) Chapter 4: Vehicle Operations – mass, dimension and loading 96 (1) Compliance with mass requirements • Minor: 4000 • Substantial: 6000 • Severe: 10000, Plus an additional maximum $500 for every additional 1% over a 120% overload (but so that the additional maximum penalty does not exceed $20000). 102(1)(a)Compliance with dimension requirements 3000 102 (1)(b)Compliance with dimension requirements • Minor: 3000 • Substantial: 5000 • Severe: 10000 109 (2) Warning signals required for rear projection of loads 3000 111 (1) Compliance with loading requirements • Minor: 3000 • Substantial: 5000 • Severe: 10000 129 (1) Contravening condition of mass or dimension exemption generally 6000 Annexure 1 -- 330 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 327 Authorised by the Chief Parliamentary Counsel Section Number and Provision Maximum Penalty ($) 129 (2) Contravening condition of mass or dimension exemption generally 6000 129 (3) Contravening condition of mass or dimension exemption generally 6000 130 (2) Contravening condition of mass or dimension exemption relating to pilot or escort vehicle 6000 130 (3) Contravening condition of mass or dimension exemption relating to pilot or escort vehicle 6000 131 (1) Using pilot vehicle with a heavy vehicle that contravenes mass or dimension exemption 6000 132 (2) Keeping relevant document while driving under mass or dimension exemption (notice) 3000 132 (3) Keeping relevant document while driving under mass or dimension exemption (notice) 3000 133 (1) Keeping copy of permit while driving under mass or dimension exemption (permit) 3000 133 (2) Keeping copy of permit while driving under mass or dimension exemption (permit) 4000 133(3) Keeping copy of permit while driving under mass or dimension exemption (permit) 3000 134 (1) Displaying warning signs on vehicles if not required by dimension exemption 3000 Annexure 1 -- 331 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 328 Authorised by the Chief Parliamentary Counsel Section Number and Provision Maximum Penalty ($) 134 (2) Displaying warning signs on vehicles if not required by dimension exemption 3000 137 Using class 2 heavy vehicle 6000 150 (1) Contravening condition of class 2 heavy vehicle authorisation 6000 151 (2) Keeping relevant document while driving under class 2 heavy vehicle authorisation (notice) 3000 151 (3) Keeping relevant document while driving under class 2 heavy vehicle authorisation (notice) 3000 152 (1) Keeping copy of permit while driving under class 2 heavy vehicle authorisation (permit) 3000 152 (2) Keeping copy of permit while driving under class 2 heavy vehicle authorisation (permit) 4000 152 (3) Keeping copy of permit while driving under class 2 heavy vehicle authorisation (permit) 3000 NEW – 153 (1) Keeping copy of PBS vehicle approval while driving under class 2 heavy vehicle authorisation 3000 NEW - 153 (2) If Keeping copy of PBS vehicle approval while driving under class 2 heavy vehicle authorisation 3000 181(3) Return of permit 4000 182(1) Replacement of defaced etc. permit 4000 Annexure 1 -- 332 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 329 Authorised by the Chief Parliamentary Counsel Section Number and Provision Maximum Penalty ($) 183 (2) Liability of employer etc. for driver’s contravention of mass, dimension or loading requirement: An amount equal to the maximum penalty for the relevant offence 184 (1) Towing restriction 3000 185 (1) Requirements about coupling trailers 6000 185 (2) Requirements about coupling trailers 6000 186 (2) False or misleading transport documentation for goods 10000 186 (3) False or misleading transport documentation for goods 10000 186 (4) False or misleading transport documentation for goods 10000 186 (5) False or misleading transport documentation for goods 10000 187 (2) False or misleading information in container weight declaration 10000 187 (3) False or misleading information in container weight declaration 10000 190 (1) Duty of responsible entity 6000 191 (1) Duty of operator 6000 191 (3) Duty of operator 6000 192 (1) Duty of driver 6000 Annexure 1 -- 333 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 330 Authorised by the Chief Parliamentary Counsel Section Number and Provision Maximum Penalty ($) 192 (2) Duty of driver 3000 193 (2) Weight of freight container exceeding weight stated on container or safety approval plate 10000 194 (1) Conduct of consignee resulting or potentially resulting in contravention of mass, dimension or loading requirement 10000 Chapter 5: Vehicle operations - speeding 204 (1) Duty of employer, prime contractor or operator to ensure business practices will not cause driver to exceed speed limit 10000 205 Duty of employer not to cause driver to drive if particular requirements not complied with 4000 206 (2) Duty of prime contractor or operator not to cause driver to drive if particular requirements not complied with 4000 207 (1) Duty to ensure driver’s schedule will not cause driver to exceed speed limit 10000 208 (1) Duty not to cause driver to drive if particular requirements not complied with 4000 209 (1) Duty to ensure loading arrangements will not cause driver to exceed speed limit 10000 212 (1) Duty to ensure terms of consignment will not cause driver to exceed speed limit 10000 Annexure 1 -- 334 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 331 Authorised by the Chief Parliamentary Counsel Section Number and Provision Maximum Penalty ($) 212 (2) Duty to ensure terms of consignment will not cause driver to exceed speed limit 10000 213 Duty not to make a demand that may result in driver exceeding the speed limit 6000 215 Particular requests etc. prohibited 10000 216 (1) Particular contracts etc. prohibited 10000 216 (2) Particular contracts etc. prohibited 10000 219 (1) Liability of employer etc. for driver’s contravention of speeding offence Limit 50km/h- 60km/h • By less than 15km/h - 3000 Limit of 70km/h – 80km/h • By less than 15km/h - 3000 • By 15km/h or more - 5000 Limit of 90km/h • By less than 15km/h - 3000 • By 15km/h or more - 5000 Limit of 90km/h (Road Train) • By less than 15km/h - 5000 • By 15km/h or more - 10000 Limit of 100km/h • By less than 15km/h - 5000 • By 15km/h or more - 10000 Annexure 1 -- 335 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 332 Authorised by the Chief Parliamentary Counsel Section Number and Provision Maximum Penalty ($) Chapter 6: Vehicle operations – driver fatigue 228 Duty of driver to avoid driving while fatigued 6000 229 (1) Duty of party in the chain of responsibility to prevent driver driving while fatigued 10000 230 (1) Duty of employer, prime contractor or operator to ensure business practices will not cause driver to drive while fatigued by fatigue etc 6000 231 Duty of employer not to cause driver to drive if particular requirements not complied with 4000 232 (2)Duty of prime contractor or operator not to cause driver to drive if particular requirements not complied with 4000 233 (1) Duty to ensure driver’s schedule will not cause driver to drive while fatigued 6000 234 (1) Duty not to cause driver to drive if particular requirements not complied with 6000 235 (1) Duty to ensure terms of consignment will not cause driver to drive while fatigued 10000 235 (2 ) Duty to ensure terms of consignment will not cause driver to drive while fatigued 10000 236 (1) Duty not to cause driver to drive if particular requirements not complied with 4000 237(1) Duty not to make a demand that may result in driver driving while fatigued 10000 Annexure 1 -- 336 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 333 Authorised by the Chief Parliamentary Counsel Section Number and Provision Maximum Penalty ($) 238 (1) Duty to ensure loading arrangements will not cause driver to drive while fatigued 10000 239 (2) Duty to ensure drivers can rest in particular circumstances 6000 240 Particular requests prohibited 10000 241 (1) Particular contracts prohibited 10000 241 (2) Particular contracts prohibited 10000 250 (1) Operating under standard hours—solo drivers. • Minor: 4000 • Substantial: 6000 • Severe: 10000 • Critical: 15000 251 (1) Operating under standard hours—two-up drivers • Minor: 4000 • Substantial: 6000 • Severe: 10000 • Critical: 15000 Annexure 1 -- 337 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 334 Authorised by the Chief Parliamentary Counsel Section Number and Provision Maximum Penalty ($) 254 (1) Operating under BFM hours—solo drivers • Minor: 4000 • Substantial: 6000 • Severe: 10000 • Critical: 15000 256 (1) Operating under BFM hours—two-up drivers • Minor: 4000 • Substantial: 6000 • Severe: 10000 • Critical: 15000 258 (1) Operating under AFM hours • Minor: 4000 • Substantial: 6000 • Severe: 10000 • Critical: 15000 260 (1) Operating under exemption hours Minor: 4000 Substantial: 6000 Severe: 10000 Critical: 15000 Annexure 1 -- 338 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 335 Authorised by the Chief Parliamentary Counsel Section Number and Provision Maximum Penalty ($) 261(2) Liability of employer etc. for driver’s contravention of maximum work requirement or minimum rest requirement • Minor: - 4000 • Substantial: - 6000 • Severe: - 10000 • Critical: - 15000 263 (1) Operating under new work and rest hours option after change. 4000 264 (2) Duty of employer, prime contractor, operator and scheduler to ensure driver compliance 6000 284 (2) Return of permit 6000 285 (1) Replacement of defaced permit 4000 286(1) Contravening condition of work and rest hours exemption 6000 287 (2) Keeping relevant document while operating under work and rest hours exemption (notice) 3000 287 (3) Keeping relevant document while operating under work and rest hours exemption (notice) 3000 288 (1)Keeping copy of permit while driving under work and rest hours exemption (permit) 3000 288 (2) Keeping copy of permit while driving under work and rest hours exemption (permit) 4000 Annexure 1 -- 339 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 336 Authorised by the Chief Parliamentary Counsel Section Number and Provision Maximum Penalty ($) 288 (3) Keeping copy of permit while driving under work and rest hours exemption (permit) 3000 293 (1) Driver of fatigue-regulated heavy vehicle must carry work diary 6000 296 (1) Recording information under the national regulations—general 1500 297 (2) Information required to be recorded immediately after starting work 3000 298 (1) Failing to record information about odometer reading 1500 299 Two-up driver to provide details 3000 301 Recording information in written work diary 1500 302 Recording information in electronic work diary 1500 303 Time zone of driver’s base must be used 1500 305 (1) Driver must make supplementary records in particular circumstances 6000 305 (2) Driver must make supplementary records in particular circumstances 3000 305 (3) Driver must make supplementary records in particular circumstances 1500 Annexure 1 -- 340 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 337 Authorised by the Chief Parliamentary Counsel Section Number and Provision Maximum Penalty ($) 306 Driver must notify Regulator if written work diary filled up 3000 307(2) Driver must notify Regulator if electronic work diary filled up 3000 308 (1) What driver must do if lost or stolen written work diary found or returned 3000 309 (2) Driver must notify record keeper if electronic work diary filled up 6000 310 (2) Intelligent access reporting entity must notify record keeper if approved electronic recording system malfunctioning 6000 311 (2) What record keeper must do if electronic work diary filled up 6000 312 (2) What record keeper must do if electronic work diary destroyed, lost or stolen 6000 313 (2) What record keeper must do if electronic work diary not in working order or malfunctioning 6000 314 (2) How electronic work diary must be used 3000 314 (3) How electronic work diary must be used 6000 315 (2) Liability of employer etc. for driver’s contravention of particular requirements of this Division 6000 319(1) Records record keeper must have. 6000 Annexure 1 -- 341 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 338 Authorised by the Chief Parliamentary Counsel Section Number and Provision Maximum Penalty ($) 321 (1) Records record keeper must have 6000 321 (2) Records record keeper must have 6000 322 (2) General requirements about driver giving information to record keeper 3000 322 (4) General requirements about driver giving information to record keeper 3000 323 (2) Requirements about driver giving information to record keeper if driver changes record keeper 3000 323 (3) Requirements about driver giving information to record keeper if driver changes record keeper 3000 324 (2) Record keeper must give printouts of information from electronic work diary 3000 325 (1) False or misleading entries 10000 326 (1) Keeping 2 work diaries simultaneously prohibited 10000 326 (2) Keeping 2 work diaries simultaneously prohibited 10000 327 Possession of purported work records etc. prohibited 10000 328 False representation about work records prohibited n. 10000 Annexure 1 -- 342 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 339 Authorised by the Chief Parliamentary Counsel Section Number and Provision Maximum Penalty ($) 329 Defacing or changing work records etc. prohibited 10000 330 Making entries in someone else’s work records prohibited 10000 331 Destruction of particular work records prohibited 10000 332 Offence to remove pages from written work diary 10000 335 (1) Person must not tamper with approved electronic recording system - 10000 336 (1) Person using approved electronic recording system must not permit tampering with it 10000 337 (2) Intelligent access reporting entity must not permit tampering with approved electronic recording system 10000 341 (1) Period for which, and way in which, records must be kept 6000 341 (2) Period for which, and way in which, records must be kept 6000 341(3) Period for which, and way in which, records must be kept 3000 341(4) Period for which, and way in which, records must be kept 3000 Annexure 1 -- 343 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 340 Authorised by the Chief Parliamentary Counsel Section Number and Provision Maximum Penalty ($) 341(5) Period for which, and way in which, records must be kept 6000 347 (2) Placing electronic work diary label on device 10000 347 (3) Placing electronic work diary label on device 10000 350 (1) Prohibition on using device as electronic work diary if it is not, and is not a part of, an approved electronic recording system 10000 350 (2) Prohibition on using device as electronic work diary if it is not, and is not a part of, an approved electronic recording system 10000 354 (3) Requirements if approval amended 6000 354 (5) Requirements if approval amended 6000 355 (2) Requirements if approval cancelled 6000 355 (4) Requirements if approval cancelled 6000 355(6) Requirements if approval cancelled 6000 355 (8) Requirements if approval cancelled 6000 373 (2) Return of permit 6000 374 (1) Replacement of defaced permit 4000 375 Contravening conditions of work diary exemption 6000 Annexure 1 -- 344 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 341 Authorised by the Chief Parliamentary Counsel Section Number and Provision Maximum Penalty ($) 376 (2) Keeping relevant document while operating under work diary exemption (notice) 3000 376 (3) Keeping relevant document while operating under work diary exemption (notice) 3000 377 (1) Keeping copy of permit while operating under work diary exemption (permit) 3000 392 (2) Return of permit. 6000 393 (1) Replacement of defaced etc. Permit 4000 395 Contravening condition of fatigue record keeping exemption 6000 396 (2) Owner must maintain odometer 6000 397 (2) Driver must report malfunctioning odometer 3000 398 (2) What owner must do if odometer malfunctioning - 6000 399 (2) What employer or operator must do if odometer malfunctioning 6000 Chapter 7: Intelligent access 404 (1) Offence to give false or misleading information to intelligent access service provider 10000 404 (4) Offence to give false or misleading information to intelligent access service provider 10000 Annexure 1 -- 345 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 342 Authorised by the Chief Parliamentary Counsel Section Number and Provision Maximum Penalty ($) 405 (1) Advising vehicle driver of collection of information by intelligent access service provider. 6000 406 (1) Reporting system malfunctions to Regulator 6000 406 (2) Reporting system malfunctions to Regulator 6000 407 (1) Advising driver of driver’s obligations about reporting system malfunctions 6000 408(1) Reporting system malfunctions to operator 6000 408 (2) Reporting system malfunctions to operator - 6000 410 (1) Collecting intelligent access information 6000 410 (2) Collecting intelligent access information 6000 411(1) Keeping records of intelligent access information collected 6000 412 Protecting intelligent access information 6000 413 (1) Making individuals aware of personal information held 6000 413(2) Making individuals aware of personal information held 6000 414(1) Giving individuals access to their personal information 6000 Annexure 1 -- 346 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 343 Authorised by the Chief Parliamentary Counsel Section Number and Provision Maximum Penalty ($) 415 (2) Correcting errors 6000 415 (4) Correcting errors 6000 416 General restriction on use and disclosure of intelligent access information 6000 417 Giving intelligent access auditor access to records 6000 419 (1) Keeping record of use or disclosure of intelligent access information 6000 419 (3) Keeping record of use or disclosure of intelligent access information 6000 420 (2) Keeping noncompliance report 6000 421 (1) Destroying intelligent access information 6000 422 (2) Reporting relevant contraventions to Regulator - 6000 423 (1) Reporting tampering or suspected tampering with approved intelligent transport system 6000 423 (2) Reporting tampering or suspected tampering with approved intelligent transport system 6000 424(1) Restriction on disclosing information about tampering or suspected tampering with approved intelligent transport system 6000 Annexure 1 -- 347 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 344 Authorised by the Chief Parliamentary Counsel Section Number and Provision Maximum Penalty ($) 424(3) Restriction on disclosing information about tampering or suspected tampering with approved intelligent transport system 6000 424(4) Restriction on disclosing information about tampering or suspected tampering with approved intelligent transport system. 6000 427 (1) Collecting intelligent access information 6000 427 (2) Collecting intelligent access information 6000 428 Protecting intelligent access information collected 6000 429 (1) Making individuals aware of personal information held 6000 429 (2) Making individuals aware of personal information held 6000 430 (1) Giving individuals access to their personal information 6000 431 (2) Correcting errors etc 6000 431 (5) Correcting errors etc 6000 432 General restriction on use and disclosure of intelligent access information 6000 434 Restriction about intelligent access information that may be used or disclosed 6000 Annexure 1 -- 348 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 345 Authorised by the Chief Parliamentary Counsel Section Number and Provision Maximum Penalty ($) 435(1) Keeping record of use or disclosure of intelligent access information 6000 435(3) Keeping record of use or disclosure of intelligent access information 6000 436 Keeping noncompliance reports 6000 437 (1) Destroying intelligent access information or removing personal information from it 6000 438 (1) Reporting tampering or suspected tampering with, or malfunction or suspected malfunction of, approved intelligent transport system to Regulator 6000 439 (1) Restriction on disclosing information about tampering or suspected tampering with approved intelligent transport system 6000 439 (3) Restriction on disclosing information about tampering or suspected tampering with approved intelligent transport system 6000 441 (1) Collecting intelligent access information 6000 441 (2) Collecting intelligent access information 6000 442 Protecting intelligent access information collected - 6000 443 (1) Making individuals aware of personal information held 6000 Annexure 1 -- 349 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 346 Authorised by the Chief Parliamentary Counsel Section Number and Provision Maximum Penalty ($) 444(1) Giving individuals access to their personal information 6000 445 (2) Correcting errors 6000 445 (4) Correcting errors 6000 446 General restriction on use and disclosure of intelligent access information 6000 448 Restriction about intelligent access information that may be used or disclosed 6000 449 (1) Keeping record of use or disclosure of intelligent access Information 6000 449 (2) Keeping record of use or disclosure of intelligent access Information 6000 449 (3) Keeping record of use or disclosure of intelligent access Information 6000 450 (1) Destroying intelligent access information or removing personal information from it 6000 451 Reporting contraventions by intelligent access service providers to TCA 6000 452 Reporting tampering or suspected tampering with approved intelligent transport system to Regulator or TCA 6000 453 (1) Restriction on disclosing information about tampering or suspected tampering with approved intelligent transport system 6000 Annexure 1 -- 350 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 347 Authorised by the Chief Parliamentary Counsel Section Number and Provision Maximum Penalty ($) 453 (2) Restriction on disclosing information about tampering or suspected tampering with approved intelligent transport system 6000 454 (1) Offence to tamper with approved intelligent transport System 10000 454 (2) Offence to tamper with approved intelligent transport system 8000 Chapter 8: Accreditation 467 Compliance with conditions of BFM accreditation or AFM Accreditation 6000 468 (1) Driver must carry accreditation details 3000 468 (3) Driver must carry accreditation details 3000 469 (2) Driver must return particular documents if stops operating under accreditation 4000 470 (2) General requirements applying to operator with heavy vehicle accreditation 6000 470 (3) General requirements applying to operator with heavy vehicle accreditation 6000 470 (4) General requirements applying to operator with heavy vehicle accreditation 6000 470 (5) General requirements applying to operator with heavy vehicle accreditation. 6000 Annexure 1 -- 351 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 348 Authorised by the Chief Parliamentary Counsel Section Number and Provision Maximum Penalty ($) 470 (6) General requirements applying to operator with heavy vehicle accreditation 3000 470 (8) General requirements applying to operator with heavy vehicle accreditation 3000 471 (2) Operator must give notice of amendment, suspension or ending of heavy vehicle accreditation 6000 471 (3) Operator must give notice of amendment, suspension or ending of heavy vehicle accreditation 4000 476 (2) Return of accreditation certificate. 6000 477 (1) Replacement of defaced etc. accreditation certificate 4000 478 (1) Offences relating to auditors 10000 478 (2) Offences relating to auditors 10000 478 (3) Offences relating to auditors 10000 478 (4) Offences relating to auditors 10000 Chapter 9: Enforcement 488 Return of identity card 3000 513 (4) Direction to stop heavy vehicle to enable exercise of other powers 6000 Annexure 1 -- 352 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 349 Authorised by the Chief Parliamentary Counsel Section Number and Provision Maximum Penalty ($) 514 (3) Direction not to move or interfere with a heavy vehicle to enable exercise of other power 6000 516 (3) Direction to move heavy vehicle to enable exercise of other powers 6000 517 (4) Direction to move heavy vehicle if causing harm 6000 522 (5) Power to order presentation of heavy vehicles for inspection 6000 524(5) Direction to leave heavy vehicle 6000 526 (4) Issue of vehicle defect notice - 3000 528 (3) Defective vehicle labels 3000 529 Using defective heavy vehicles contrary to defect vehicle Notice 3000 533 (7) Powers for minor risk breach of mass, dimension or loading requirement 10000 534 (5) Powers for substantial risk breach of mass, dimension or loading requirement 10000 535 (5) Powers for severe risk breach of mass, dimension or loading requirement. 10000 542 (1) Compliance with requirement under this Division - 10000 553(3) Requirement of person in control of thing to be seized 10000 Annexure 1 -- 353 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 350 Authorised by the Chief Parliamentary Counsel Section Number and Provision Maximum Penalty ($) 558 (1) Noncompliance with embargo notice 10000 558 (3) Noncompliance with embargo notice 10000 559(3) Power to secure embargoed thing 10000 559 (4) Power to secure embargoed thing 10000 559 (5) Power to secure embargoed thing - 10000 567 (4) Power to require name and address - 3000 568 (3) Power to require production of document etc. required to be in driver’s possession: An amount equal to the amount of the maximum penalty for an offence of failing to keep the document, device or other thing in the driver’s possession. 568 (7) Power to require production of document etc. required to be in driver’s possession 3000 569 (2) Power to require production of documents etc. generally 6000 569 (7) Power to require production of documents generally 3000 570 (3) Power to require information about heavy vehicles 6000 573 (1) Contravention of improvement notice 10000 577 (4) Power to require reasonable help 10000 584 (1) Obstructing authorised officer 10000 Annexure 1 -- 354 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 351 Authorised by the Chief Parliamentary Counsel Section Number and Provision Maximum Penalty ($) 585 Impersonating authorised officer 10000 Chapter 10: Sanctions and provisions about liability for offences 604 Contravention of supervisory intervention order 10000 610 Contravention of prohibition order 10000 636 (1) Liability of executive officers of corporations: The penalty for a contravention of the provision by an individual. 636 (2) Liability of executive officers of corporation: The penalty for a contravention of the provision by an individual. Chapter 12: Administration 697(3) General duties of persons exercising functions under this Law 10000 Chapter 13: General 699 (1) Discrimination against or victimisation of employees 10000 699 (2) Discrimination against or victimisation of employees 10000 700 (4) Order for damages or reinstatement. 10000 701 (1) False or misleading statements 10000 701 (2) False or misleading statements 8000 Annexure 1 -- 355 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 352 Authorised by the Chief Parliamentary Counsel Section Number and Provision Maximum Penalty ($) 702 (1) False or misleading documents. 10000 702 (3 ) False or misleading documents 8000 703 (1) False or misleading information given by responsible person to another responsible person 10000 703 (2) False or misleading information given by responsible person to another responsible person 8000 704 (1) Offence to falsely represent that heavy vehicle authority is held 10000 704 (2) Offence to falsely represent that heavy vehicle authority is held 10000 704 (3) Offence to falsely represent that heavy vehicle authority is held 10000 728 (1) Duty of confidentiality 20000 729 (1) Protected information only to be used for authorised use 20000 729 (3) Protected information only to be used for authorised use 20000 Annexure 1 -- 356 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 353 Authorised by the Chief Parliamentary Counsel Appendix 2 Offences prescribed for the purposes of proposed section 636 (Executive Officer liability) In the following table, the column headed ‘636(1)’ refers to the provision specified for the purposes of section 636(1) and the column headed ‘636(2)’ refers to the provision specified for the purposes of section 636(2). Section of this Law 636(1) 636(2) Basis for not exempting liability Chapter 2 - Registration 30 Registration requirement 30(1) 30(1) This section implements section 20 of the Road Transport Reform (Heavy Vehicles Registration) Act 1997 (Cwth). Registration laws were expressly contemplated as road laws to which executive officer liability may attach under section 149 of the Road Transport Reform (Compliance and Enforcement) Bill 2003. The requirement is central to the regulatory scheme. Without a reliable registration the identification of the Annexure 1 -- 357 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 354 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability vehicles and operators is more expensive and less certain and there is less certainty that the vehicle meets basic safety and operational requirements before it is used on the road network Management of the registration of a heavy vehicle (particular for fleets of vehicles) is a matter that would naturally fall within the internal management systems of a corporate entity. The offence is not confined to the actions of an individual (driver or otherwise) being largely an administrative activity and executive officers can readily control the relevant corporate conduct. The maximum penalty for an individual offender is $10000; the second highest penalty provided for under the Bill. 50 Obtaining Registration by false statement 50(1), 50(2) --- This section implements section 21 of the Road Transport Reform (Heavy Vehicles Registration) Act 1997 (Cwth). Registration laws were expressly contemplated as road laws to which executive officer liability may attach under Annexure 1 -- 358 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 355 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability section 149 of the Road Transport Reform (Compliance and Enforcement) Bill 2003. The offences may be committed by an individual or corporation directly authorising or permitting the offence. The proposed subsections 50(1) and (2) import sufficient elements of personal knowledge as to exclude the possibility of a charge based around recklessness on the part of executive officers as a basis for liability, hence the offence is not specified for the purposes section 636(2). There are financial incentives for noncompliance by mis-stating registration categories and noncompliance would adversely impact the underlying objectives of registration discussed for section 30. The maximum penalty for an individual offender is $10000; the second highest penalty provided for under the Bill. Annexure 1 -- 359 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 356 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability Chapter 3 - Vehicle Operations – standards and safety 60 Compliance with heavy vehicle standards 60(1) 60(1) This section implements Regulation 10 of the Road Transport Reform (Heavy Vehicle Standards) Regulations. These regulations were made under the Road Transport Reform (Vehicles and Traffic) Act 1993. This Act was expressly contemplated as a road law to which executive officer liability may attach under section 149 of the Road Transport Reform (Compliance and Enforcement) Bill 2003. The physical elements of the offence are not exclusively confined to the actions and judgement of a given individual (driver or otherwise) and executive officers can therefore reasonably control the relevant corporate conduct (appropriate purchasing and maintenance policies can ensure compliance and are matters that fall within the ordinary control of a properly managed entity). While these penalties are in the middle to lower range of the Bill respectively, Annexure 1 -- 360 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 357 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability non-compliance has potentially serious safety implications either through degradation of the vehicle’s performance, inappropriate construction or after market modification. These implications extend to death or disabling injury to individuals from excessive overhang, inadequate warning lights etc. The maximum penalty for an individual offender is $6000 for contravention of a heavy vehicle standard relating to a speed limiter and $3000 otherwise. 79 Return of Permit 79(2) 79(2) This section implements Regulation 38 of the Road Transport Reform (Vehicle Standards) Regulations 1998. These regulations were made under the Road Transport Reform (Vehicles and Traffic) Act 1993. This Act was expressly contemplated as a road law to which executive officer liability may attach under section 149 of the Road Transport Reform (Compliance and Enforcement) Bill 2003. Annexure 1 -- 361 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 358 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability A permit provides evidence of the granting of a legal concession and the suspension of the relevant ordinarily applicable operating rules. An offence is created under this provision only where the Regulator has amended or cancelled the document and the holder is unable or unwilling to return the permit no receipt of written requirement. The retention of the permit may facilitate non-compliance in circumstances where the Regulator has determined the permit is no longer appropriate in the form originally issued. The Regulator is only authorised to issue such a notice where the permit: • was dishonestly obtained; • has been contravened; • has caused, or is likely to cause, a significant safety risk; or Annexure 1 -- 362 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 359 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability • where circumstances have changed to the extent the Regulator would not have issued the permit had they been operative at that time These restrictions on the circumstances in which the offence can materialise indicate the potential seriousness of any noncompliance. The offence is not confined to the actions of an individual (driver or otherwise) being exclusively an administrative matter, and executive officers can therefore readily control the relevant corporate conduct. The maximum penalty for an individual offender is $4000, a mid-range penalty. 81 Contravening condition of vehicle standards exemption 81(1), 81(2), 81(3) 81(1), 81(2), 81(3) This section implements Regulation 19 of the Road Transport Reform (Vehicle Standards) Regulations 1998. These regulations were made under the Road Transport Reform (Vehicles and Traffic) Act 1993. This Act was expressly contemplated as a road law to which executive Annexure 1 -- 363 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 360 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability officer liability may attach under section 149 of the Road Transport Reform (Compliance and Enforcement) Bill 2003. The extension of liability to executive officers for contravention of a condition of a vehicle standards exemption is justifiable on the same grounds as contravention of a vehicle standard set out for section 60. There are sound arguments such noncompliance should attract additional blameworthiness on the basis the ordinarily applicable rules of operation have been suspended on the basis the conditions of the concession would be complied with. The offences are not confined to the actions of an individual (driver or otherwise) and executive officers can therefore readily control the relevant corporate conduct. There may be some conditions noncompliance with which may not fall within this rule however this cannot be known at this time and it is more appropriate to allow for such liability to Annexure 1 -- 364 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 361 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability potentially arise, than to exclude it in all circumstances. The maximum penalty for an individual offender is $3000, a low-range penalty under the Bill. 85 Modifying heavy vehicle requires approval 85(1), 85(2) 85(2) Using or permitting the use of a vehicle that has been unlawfully modified raises similar considerations as discussed above for the contravention of a vehicle standard or exemption in sections 60 and 81. The physical elements of the offence are not exclusively confined to the actions and judgement of a given individual (driver or otherwise) and executive officers can therefore reasonably control the relevant corporate conduct. The maximum penalty for an individual offender is $3000, a low-range penalty under the Bill. 89 Safety requirement 89(1) 89(1) This section implements Regulation 11 of the Road Transport Reform (Vehicle Standards) Regulations 1998. These regulations were made under the Road Transport Reform (Vehicles and Traffic) Annexure 1 -- 365 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 362 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability Act 1993. This Act was expressly contemplated as a road law to which executive officer liability may attach under section 149 of the Road Transport Reform (Compliance and Enforcement) Bill 2003. By definition, the commission of an offence against this provision suggests the potential for the real possibility of death or disabling injury to members of the public or drivers of the vehicle in question. The requirement contemplates a wide range of circumstances in which an offence may be committed. There may be some offences arising from circumstances in which noncompliance with which may not fall within this rule however this cannot be known beforehand. It is therefore more appropriate to allow for derivative liability to potentially arise, than to exclude it in all circumstances and restrict the obligation to individual drivers and involved corporations. The maximum penalty for an individual offender is $6000, a mid-range penalty under the Bill. Annexure 1 -- 366 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 363 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability 93 Person must not tamper with speed limiter 93(1) 93(1) The speed limiting of nominated classes of heavy vehicles is a regulatory requirement intended to protect members of the public and drivers. Tampering with these devices represents wilful circumvention of the law, enables unfair competition through dangerous practices, and jeopardises the safety of road users and drivers. The incentives for tampering are well known and tampering itself requires alteration of the physical condition of the vehicle. Tampering may be identified through an effective maintenance management system or secondary evidence such as work diaries. Executive officers can therefore reasonably be expected to control the relevant corporate conduct. The maximum penalty for an individual offender is $10000; the second highest penalty provided for under the Bill. Annexure 1 -- 367 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 364 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability Chapter 4 - Vehicle Operations – mass, dimension and loading 129 Contravening condition of mass or dimension exemption generally 129(1), 129(2), 129(3) 129(1), 129(2), 129(3) An equivalent offence against which executive officer liability may attach was provided under section 114 (Offence of contravening condition) of the Road Transport Reform (Compliance and Enforcement) Bill 2003. The maximum penalty for an individual offender is $6000, a mid-range penalty under the Bill This is a composite offence creating liability for a range of offences. Non-compliance with dimension and load restraint offences creates risks to safety of other road users. These offences and mass non- compliances present risks to infrastructure that may impose significant costs to the community. Only the most serious of mass noncompliance will create risks to public safety (through bridge or culvert collapse, for example). The most obvious outcome of systematic noncompliance with mass requirements is to distort the market for transport services. Annexure 1 -- 368 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 365 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability There are sound arguments such noncompliance should attract additional blameworthiness on the basis the ordinarily applicable rules of operation have been suspended on the basis the conditions of the concession would be complied with. The physical elements of the offence are not exclusively confined to the actions and judgement of a given individual (driver or otherwise) and executive officers can therefore reasonably be expected to control the relevant corporate conduct. (the specific reference to an offence by an ‘operator’ supports this conclusion which may have been less reasonable had the offence been confined to the actions of the driver alone). 130 Contravening condition of mass or dimension exemption relating to pilot or escort vehicle 130(3) 130(3) This section implements Regulation 14 of the Road Transport Reform (Oversize and Overmass Vehicles) Regulation. The Model Regulations were made by the Commonwealth on 6 June 1995 under the Road Transport Reform (Vehicles and Traffic) Act 1993 (Cwth). Annexure 1 -- 369 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 366 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability This Act was expressly contemplated as a road law to which executive officer liability may attach under section 149 of the Road Transport Reform (Compliance and Enforcement) Bill 2003. The use of pilots and escorts provides a warning to road users that an over- dimensional (especially over wide) vehicle is on the road and that they need to take special care when driving in the vicinity of the oversize vehicle. There are sound arguments such noncompliance should attract additional blameworthiness on the basis the ordinarily applicable rules of operation have been suspended on the basis the conditions of the concession would be complied with. The physical elements of the offence are not exclusively confined to the actions and judgement of a given individual (driver or otherwise) and executive officers can therefore reasonably be expected to control the relevant corporate conduct. Annexure 1 -- 370 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 367 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability The maximum penalty for an individual offender is $6000, a mid-range penalty under the Bill 137 Using class 2 heavy vehicle 137 137 This section implements Regulation 8 of the Road Transport Reform (Restricted Access Vehicles) Regulations. The Model Regulations were made under the Road Transport Reform (Vehicles and Traffic) Act 1993 (Cwth). This Act was expressly contemplated as a road law to which executive officer liability may attach under section 149 of the Road Transport Reform (Compliance and Enforcement) Bill 2003. Class 2 vehicles can only be made subject to a limited range of conditions (prescribed in regulations) as well as route and time restrictions. These vehicles include road trains, b-doubles, controlled access buses less than 14.5 metres long, certain vehicles carrying animals, and certain combinations carrying other vehicles. Annexure 1 -- 371 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 368 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability Regulation 8 of the Model Regulations provides that it is an offence to drive or operate a Class 2 vehicle except in accordance with a Class 2 permit or notice. There are sound arguments such noncompliance should attract additional blameworthiness on the basis the ordinarily applicable rules of operation have been suspended on the basis the conditions of the concession would be complied with. The breadth of the conditions able to be applied to these vehicles is narrower than that applicable to vehicles operating under mass and dimension exemption permits, however it is still conceivable they may extend to matters beyond the actions and judgement of a given individual (driver or otherwise). Given the potential breadth and nature of these conditions executive officers can reasonably be expected to control the relevant corporate conduct. The maximum penalty for an individual offender is $6000, a mid-range penalty under the Bill Annexure 1 -- 372 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 369 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability 150 Contravening condition of class 2 heavy vehicle authorisation 150(1) 150(1) This section implements Regulation 8 of the Road Transport Reform (Restricted Access Vehicles) Regulations. The Model Regulations were made under the Road Transport Reform (Vehicles and Traffic) Act 1993 (Cwth). This Act was expressly contemplated as a road law to which executive officer liability may attach under section 149 of the Road Transport Reform (Compliance and Enforcement) Bill 2003. A contravention of this provision raises similar considerations as discussed above for the use of the vehicle contrary to contravention of heavy vehicle authorisation, vehicle standard or exemption in sections 60 and 81. The same considerations apply, except that the offence in question relates to individual conditions, rather than failing to comply with the notice at all. The maximum penalty for an individual offender is $6000, a mid-range penalty under the Bill Annexure 1 -- 373 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 370 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability 181 Return of Permit 181(3) --- A permit provides evidence of the granting of a legal concession and the suspension of the ordinarily applicable requirements under the National Law. An offence is created under this provision only where the Regulator has amended or cancelled the document and the holder is unable or unwilling to the permit no receipt of written requirement form the Regulator. The retention of the permit may facilitate non-compliance in circumstances where the Regulator has determined the permit is no longer appropriate in the form originally issued. The Regulator is authorised to issue such a notice where the permit: • was dishonestly obtained; • has been contravened; and • has caused, or is likely to cause, a significant safety risk Annexure 1 -- 374 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 371 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability These restrictions on the circumstances in which the offence can materialise indicate the potential seriousness of any noncompliance. Liability has not been extended to executive officers for an offence against this provision under subsection 636(2) on the basis that it encompasses a range of offences for which there may be no obvious safety implications (although there may be adverse infrastructure and amenity consequences). The maximum penalty for an individual offender is $4000, a mid-range penalty. 183 Liability of employer etc. for contravention of mass, dimension or loading requirement 183(2) 183(2) This section implements Division 5 (Liability for breaches of mass, dimension or load restraint requirements) of the Road Transport Reform (Compliance and Enforcement) Bill 2003. Executive officer liability attached to these offences under section 149 of that Bill. These offences are central to the regulatory regime. The rationale for extending liability in these circumstances is to better Annexure 1 -- 375 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 372 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability target those chiefly responsible for the breaches of road law and to enhance the effectiveness of the law by deterring offending behaviour. This is a composite offence creating liability for a range of statutory or administrative requirements. Non- compliance with dimension and load restraint requirements creates risks to safety of other road users. These offences and mass noncompliances present risks to infrastructure that may impose significant costs to the community. Only the most serious mass noncompliance will create risks to public safety (through bridge or culvert collapse for example). The most frequent outcome of systematic noncompliance with mass requirements is to distort the market for transport services. The range parties on whom the obligation is imposed and the nature of the obligation itself mean the offence is not exclusively confined to the actions and judgement of a given individual (driver or otherwise) and executive Annexure 1 -- 376 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 373 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability officers can therefore reasonably control the relevant corporate conduct. The criteria for severe dimension (section 107(3)(b)) and loading breaches (section 114) expressly stipulate the safety considerations that inform these offences. A graduated penalty regime is created under which the maximum penalty for a severe risk breach is $10000, plus an additional maximum $500 for every additional 1% over a 120% overload for mass limits breaches (but so that the additional maximum penalty does not exceed $20000). This is a high range penalty. 185 Requirements about coupling trailers 185(1), 185(2) 185(1), 185(2) This section implements Part 3.2 of the Schedule to the Road Transport Reform (Mass and Loading) Regulations. The Model Regulations were made under the Road Transport Reform (Vehicles and Traffic) Act 1993 (Cwth). This Act was expressly contemplated as a road law to which executive officer liability may attach under section 149 of the Annexure 1 -- 377 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 374 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability Road Transport Reform (Compliance and Enforcement) Bill 2003. The offences for which liability arises under this section relate to both the coupling of vehicles within a combination and the compatibility and proper connection of components of the coupling. Improper coupling may allow for the uncontrolled release of trailers or other unsafe movement. This imposes a safety risk on other road users and drivers. The maximum penalty for an individual offender is $6000, a mid-range penalty under the Bill 186 False or misleading transport documentation for goods 186(2), 186(3), 186(4), 186(5) 186(2), 186(3), 186(4), 186(5) This section implements section 112 of the Road Transport Reform (Compliance and Enforcement) Bill 2003. Executive officer liability attached to these offences under section 149 of that Bill. The making of such representations distorts the market for transport services, prejudices the capacity of other duty holders to manage Annexure 1 -- 378 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 375 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability their own obligations and operates to conceal and promote noncompliance. Misleading documentation may have safety implications where it contributes to the unsafe loading or overloading of a vehicle and the attendant degradation in on road performance. The maximum penalty for an individual offender is $10 000; the second highest penalty provided for under the Bill. 187 False or misleading information in container weight declaration 187(2), 187(3) 187(2), 187(3) This section implements section 112 of the Road Transport Reform (Compliance and Enforcement) Bill 2003. Executive officer liability attached to these offences under section 149 of that Bill. The making of such representations distorts the market for transport services, prejudices the capacity of other duty holders to manage their own obligations and operates to conceal and promote noncompliance. The misrepresentation may have safety implications where it contributes to the unsafe loading or overloading Annexure 1 -- 379 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 376 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability of a vehicle and the attendant degradation in on road performance. The maximum penalty for an individual offender is $10000; the second highest penalty provided for under the Bill. 190 Duty of responsible entity 190(1) 190(1) This section implements section 103 of the Road Transport Reform (Compliance and Enforcement) Bill 2003. Executive officer liability attached to these offences under section 149 of that Bill. The offence can be committed by the full range of responsible persons for the container as defined in section 5. Given the physical elements of the offence are not exclusively confined to the actions and judgement of a given individual (driver or otherwise) executive officers can reasonably be expected control the relevant corporate conduct. The making of such representations distorts the market for transport services, prejudices the capacity of other duty holders to manage their own obligations and Annexure 1 -- 380 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 377 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability operates to conceal and promote noncompliance. The maximum penalty for an individual offender is $6000, a mid-range penalty under the Bill 191 Duty of operator 191(1), 191(3) 191(1), 191(3) This section implements section 104 of the Road Transport Reform (Compliance and Enforcement) Bill 2003. Executive officer liability attached to these offences under section 149 of that Bill. The offence may only be committed by an operator who permits transport of a freight container in the absence of a complying container weight declaration, or fails to provide such a declaration. The physical elements of the offence are not exclusively confined to the actions and judgement of a given individual (driver or otherwise) and executive officers can therefore reasonably control the relevant corporate conduct. The making of such representations distorts the market for transport services, prejudices the capacity of other duty holders to manage Annexure 1 -- 381 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 378 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability their own obligations and operates to conceal and promote noncompliance The maximum penalty for an individual offender is $6000, a mid-range penalty under the Bill 193 Weight of freight container exceeding weight stated on container or safety approval plate 193(2) 193(2) This section implements section 106 of the Road Transport Reform (Compliance and Enforcement) Bill 2003. Executive officer liability attached to these offences under section 149 of that Bill. This is an extended liability offence for which liability attaches to consignors and packers. The making of such representations distorts the market for transport services, prejudices the capacity of other duty holders to manage their own obligations and operates to conceal and promote noncompliance. The offence would be committed in the ordinary course of the relevant party’s duties and executive officers can therefore reasonably control the relevant corporate conduct. Annexure 1 -- 382 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 379 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability The maximum penalty for an individual offender is $10000; the second highest penalty provided for under the Bill. 194 Conduct of consignee resulting or potentially resulting in contravention of mass, dimension or loading requirement 194(1) 194(1) This section implements section 96 of the Road Transport Reform (Compliance and Enforcement) Bill 2003. Executive officer liability attached to these offences under section 149 of that Bill This is a extended liability offence for which liability attaches to consignees The offence may be committed in circumstances of intent, recklessness and negligence. It is as a result of the last of these mental elements that the possibility of the extension of derivative liability is justified The making of such representations distorts the market for transport services, prejudices the capacity of other duty holders to manage their own obligations and operates to conceal and promote noncompliance. The safety implications of dimensional and loading Annexure 1 -- 383 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 380 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability breaches have been discussed above. The maximum penalty for an individual offender is $10000; the second highest penalty provided for under the Bill. Chapter 5 - Vehicle operations—speeding 204 Duty of employer, prime contractor or operator to ensure business practices will not cause driver to exceed speed limit 204(1) 204(1) The offence implements section 17 of the Model Act on Heavy Vehicle Speeding Compliance. Executive officer liability is applied to this offence through section 8. This section is an extended liability provision. It is integral to the regulatory objective of ensuring heavy vehicle safety through the contribution it makes to managing heavy vehicle speeding. The breadth of the duty and range of parties to whom it applies means the elements of the offence are not exclusively confined to the actions and judgement of a given individual (driver or otherwise) and executive officers can therefore reasonably control the relevant corporate conduct. Annexure 1 -- 384 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 381 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability The maximum penalty for an individual offender is $10000; the second highest penalty provided for under the Bill. 205 Duty of employer not to cause driver to drive if particular Requirements not complied with 205(1) 205(1) The offence implements section 17 of the Model Act on Heavy Vehicle Speeding Compliance. Executive officer liability is applied to this offence through section 8. This section imposes an obligation on the employer to ensure observance on its own part and that of all relevant parties with the obligation in section 204. The imposition of derivative liability is justified in on the same grounds as it is for those parties under section 204. This section is an extended liability provision. It is integral to the regulatory objective of ensuring heavy vehicle safety through the contribution it makes to managing heavy vehicle speeding. The maximum penalty for an individual offender is $4000, a mid-range penalty under the Bill. Annexure 1 -- 385 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 382 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability 206 Duty of prime contractor or operator not to cause driver to drive if particular Requirements not complied with 206(2) 206(2) The offence implements section 17 of the Model Act on Heavy Vehicle Speeding Compliance. Executive officer liability is applied to this offence through section 8. This section imposes an obligation on a prime contractor or operator to ensure observance on its own part and that of all relevant parties with the obligation in section 204. Imposition of derivative liability is justified in on the same grounds as it is for those parties under section 204. This section is an extended liability provision. It is integral to the regulatory objective of ensuring heavy vehicle safety through the contribution it makes to managing heavy vehicle speeding. The maximum penalty for an individual offender is $4000, a mid-range penalty under the Bill. Annexure 1 -- 386 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 383 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability 207 Duty to ensure driver’s schedule will not cause driver to exceed speed limit 207(1) 207(1) Section 207 implements section 20 of the Model Act on Heavy Vehicle Speeding Compliance. Executive officer liability is applied to this offence through section 8. This section is an extended liability provision. It is integral to the regulatory objective of ensuring heavy vehicle safety through the contribution it makes to managing heavy vehicle speeding. The physical elements of the offences are not exclusively confined to the actions and judgement of a given individual (driver or otherwise) and executive officers can therefore reasonably control the relevant corporate conduct. The maximum penalty for an individual offender is $10000 for an offence against section 207 and $4000 for an offence against section 208. Annexure 1 -- 387 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 384 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability 208 Duty not to cause driver to drive if particular Requirements not complied with 208(1) 208(1) Section 208 implements section 20 of the Model Act on Heavy Vehicle Speeding Compliance. Executive officer liability is applied to this offence through section 8. It is an extended liability provisions that creates a duty to take all reasonable steps to ensure their activities will not cause speeding and prescribes specific minimum mandatory steps to be taken to prevent inappropriate scheduling. It is integral to the regulatory objective of ensuring heavy vehicle safety. The prescription of this offence for derivative liability is justified on the same grounds as the offence in section 207(1) 209 Duty to ensure loading arrangements will not cause driver to exceed speed limit 209(1) 209(1) The offence implements section 22 of the Model Act on Heavy Vehicle Speeding Compliance. Executive officer liability is applied to this offence through section 8. This section is an extended liability provision that creates an obligation to safely manage speeding vehicles. It is integral to the regulatory objective of ensuring heavy vehicle safety. Annexure 1 -- 388 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 385 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability The physical elements of the offence are not exclusively confined to the actions and judgement of a given individual (driver or otherwise) and executive officers can therefore reasonably control the relevant corporate conduct. The maximum penalty for an individual offender is $10000; the second highest penalty provided for under the Bill. 212 Duty to ensure terms of consignment will not cause driver to exceed speed limit 212(1), 212(2) 212(1), 212(2) This section implements section 25 of the Model Act on Heavy Vehicle Speeding Compliance. Executive officer liability is applied to this offence through section 8. This section is an extended liability provision. It is integral to the regulatory objective of ensuring heavy vehicle safety through the contribution it makes to managing heavy vehicle speeding. The physical elements of the offence are not exclusively confined to the actions and judgement of a given individual (driver or otherwise) and executive officers can therefore Annexure 1 -- 389 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 386 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability reasonably control the relevant corporate conduct. The maximum penalty for an individual offender is $10000; the second highest penalty provided for under the Bill 213 Duty not to make a demand that may result in driver exceeding the speed limit 213 213 This section implements section 25 of the Model Act on Heavy Vehicle Speeding Compliance. Executive officer liability is applied to this offence through section 8. This section is an extended liability provision. It is integral to the regulatory objective of ensuring heavy vehicle safety through the contribution it makes to managing heavy vehicle speeding. The physical elements of the offence are not exclusively confined to the actions and judgement of a given individual (driver or otherwise) and executive officers can therefore reasonably control the relevant corporate conduct. The maximum penalty for an individual offender is $6000, a mid-range penalty under the Bill Annexure 1 -- 390 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 387 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability 215 Particular requests etc. prohibited 215 215 This section implements section 26 of the Model Act on Heavy Vehicle Speeding Compliance. Executive officer liability is applied to this offence through section 8. This section is an extended liability provision that creates a duty to safely manage speeding vehicles. It is integral to the regulatory objective of ensuring heavy vehicle safety. The physical elements of the offence are not exclusively confined to the actions and judgement of a given individual (driver or otherwise) and executive officers can therefore reasonably control the relevant corporate conduct. The range parties on whom the obligation is imposed and the nature of the obligation itself mean the offence is not exclusively confined to the actions and judgement of a given individual (driver or otherwise) and executive officers can therefore reasonably control the relevant corporate conduct. Annexure 1 -- 391 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 388 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability The maximum penalty for an individual offender is $10000; the second highest penalty provided for under the Bill 216 Particular contracts etc. prohibited 216(1), 216(2) 216(1), 216(2) This section implements section 27 of the Model Act on Heavy Vehicle Speeding Compliance. Executive officer liability is applied to this offence through section 8. This section is an extended liability provision. It is integral to the regulatory objective of ensuring heavy vehicle safety through the contribution it makes to managing heavy vehicle speeding. A broad range of natural persons may commit the offences and bodies corporate and these offences are largely administrative in nature (arising from contract formation). The physical elements of the offence are not exclusively confined to the actions and judgement of a given individual (driver or otherwise) and executive officers can therefore reasonably control the relevant corporate conduct. Annexure 1 -- 392 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 389 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability The maximum penalty for an individual offender is $10000; the second highest penalty provided for under the Bill. 219 Liability of employer etc. for speeding offence 219(1) 219(1) The offence implements section 27 of the Model Act on Heavy Vehicle Speeding Compliance. Executive officer liability is applied to this offence through section 8. This section is an extended liability provision. It is integral to the regulatory objective of ensuring heavy vehicle safety through the contribution it makes to managing heavy vehicle speeding. The range parties on whom the obligation is imposed and the nature of the obligation itself mean the offence is not exclusively confined to the actions and judgement of a given individual (driver or otherwise) and executive officers can therefore reasonably control the relevant corporate conduct. Annexure 1 -- 393 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 390 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability A range of graduated offences are provided under this section up to a maximum penalty for an individual offender is $10000; the second highest penalty provided for under the Bill Chapter 6 - Vehicle operations – driver fatigue 229 Duty of party in the extended liability to prevent driver driving while fatigued 229(1) 229(1) The offence implements section 29 of the Heavy Vehicle Driver Fatigue National Model Legislation. Executive officer liability is applied to this offence through section 8. This section is an extended liability provision that imposes a duty on a party in the extended liability to prevent driver driving while fatigued. It is integral to the regulatory objective of ensuring heavy vehicle safety. The range parties on whom the obligation is imposed and the nature of the obligation itself mean the offence is not exclusively confined to the actions and judgement of a given individual (driver or otherwise) and executive officers can therefore reasonably control the relevant corporate conduct. Annexure 1 -- 394 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 391 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability The maximum penalty for an individual offender is $10000; the second highest penalty provided for under the Bill 230 Duty of employer, prime contractor or operator to ensure business practices will not cause driver to drive while fatigued 230(1) 230(1) The offence implements section 30 of the Heavy Vehicle Driver Fatigue National Model Legislation. Executive officer liability is applied to this offence through section 8 of that law. This section is an extended liability provision. It is integral to the regulatory objective of ensuring heavy vehicle safety through the contribution it makes to managing driver fatigue. The breadth of the duty and range of parties to whom it applies means the elements of the offence are not exclusively confined to the actions and judgement of a given individual (driver or otherwise) and executive officers can therefore reasonably control the relevant corporate conduct. The maximum penalty for an individual offender is $6000, a mid-range penalty under the Bill Annexure 1 -- 395 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 392 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability 231 Duty of employer not to cause driver to drive if particular requirements not complied with 231(1) 231(1) The offence implements section 30 of the Heavy Vehicle Driver Fatigue National Model Legislation. Executive officer liability is applied to this offence through section 8 of that law. This section is an extended liability provision. It is integral to the regulatory objective of ensuring heavy vehicle safety through the contribution it makes to managing driver fatigue. This offence may only be committed by an employer, and not a given individual (driver or otherwise). Executive officers can therefore reasonably control the relevant corporate conduct. The maximum penalty for an individual offender is $4000, a mid-range penalty under the Bill 232 Duty of prime contractor or operator not to cause driver to drive if particular Requirements not complied with 232(2) 232(2) The offence implements section 30 of the Heavy Vehicle Driver Fatigue National Model Legislation. Executive officer liability is applied to this offence through section 8 of that legislation. Annexure 1 -- 396 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 393 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability This section is an extended liability provision. It is integral to the regulatory objective of ensuring heavy vehicle safety. The range of parties on whom the obligation is imposed and the nature of the obligation itself mean the offence is not exclusively confined to the actions and judgement of a given individual (driver or otherwise) and executive officers can therefore reasonably control the relevant corporate conduct. The maximum penalty for an individual offender is $4000, a mid-range penalty under the Bill 233 Duty to ensure driver’s schedule will not cause driver to drive while fatigued 233(1) 233(1) The offence implements section 31 of the Heavy Vehicle Driver Fatigue National Model Legislation. Executive officer liability is applied to this offence through section 8 of that legislation. This section is an extended liability provision. It is integral to the regulatory objective of ensuring heavy vehicle safety through the contribution it makes to managing driver fatigue. Annexure 1 -- 397 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 394 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability The maximum penalty for an individual offender is $6000, a mid-range penalty under the Bill 234 Duty not to cause driver to drive if particular Requirements not complied with 234(1) 234(1) The offence implements section 31 of the Heavy Vehicle Driver Fatigue National Model Legislation. Executive officer liability is applied to this offence through section 8 of that legislation. This section is an extended liability provision. It is integral to the regulatory objective of ensuring heavy vehicle safety through the contribution it makes to managing driver fatigue. The maximum penalty for an individual offender is $6000, a mid-range penalty under the Bill 235 Duty to ensure terms of consignment will not cause driver to drive while fatigued 235(1), 235(2) 235(1), 235(2) The offence implements section 32 of the Heavy Vehicle Driver Fatigue National Model Legislation. Executive officer liability is applied to this offence through section 8 of that legislation. Annexure 1 -- 398 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 395 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability This section is an extended liability provision. It is integral to the regulatory objective of ensuring heavy vehicle safety through the contribution it makes to managing driver fatigue. The maximum penalty for an individual offender is $10000; the second highest penalty provided for under the Bill 236 Duty not to cause driver to drive if particular Requirements not complied with 236(1) 236(1) The offence implements section 32 of the Heavy Vehicle Driver Fatigue National Model Legislation. Executive officer liability is applied to this offence through section 8. This section is an extended liability provision. It is integral to the regulatory objective of ensuring heavy vehicle safety through the contribution it makes to managing driver fatigue. The maximum penalty for an individual offender is $4000, a mid-range penalty under the Bill. Annexure 1 -- 399 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 396 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability 237 Duty not to make a demand that may result in driver driving while fatigued 237(1) 237(1) The offence implements section 32 of the Heavy Vehicle Driver Fatigue National Model Legislation. Executive officer liability is applied to this offence through section 8 of that legislation. This section is an extended liability provision. It is integral to the regulatory objective of ensuring heavy vehicle safety through the contribution it makes to managing driver fatigue. The maximum penalty for an individual offender is $10000; the second highest penalty provided for under the Bill 238 Duty to ensure loading arrangements will not cause driver to drive while fatigued. 238(1) 238(1) The offence implements section 33 of the Heavy Vehicle Driver Fatigue National Model Legislation. Executive officer liability is applied to this offence through section 8 of that legislation. This section is an extended liability provision. It is integral to the regulatory objective of ensuring heavy vehicle safety through the contribution it makes to managing driver fatigue. Annexure 1 -- 400 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 397 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability The maximum penalty for an individual offender is $10000; the second highest penalty provided for under the Bill 239 Duty to ensure drivers can rest in particular circumstances 239(2) 239(2) The offence implements section 33 of the Heavy Vehicle Driver Fatigue National Model Legislation. Executive officer liability is applied to this offence through section 8 of that legislation. This section is an extended liability provision. It is integral to the regulatory objective of ensuring heavy vehicle safety through the contribution it makes to managing driver fatigue. The maximum penalty for an individual offender is $6000, a mid-range penalty under the Bill 240 Particular requests etc. Prohibited 240 240 The offence implements section 34 of the Heavy Vehicle Driver Fatigue National Model Legislation. Executive officer liability is applied to this offence through section 8 of that legislation. Annexure 1 -- 401 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 398 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability This section is an extended liability provision. It is integral to the regulatory objective of ensuring heavy vehicle safety through the contribution it makes to managing driver fatigue. The physical elements of the offence are not exclusively confined to the actions and judgement of a given individual (driver or otherwise) and executive officers can therefore reasonably control the relevant corporate conduct. The maximum penalty for an individual offender is $10000; the second highest penalty provided for under the Bill 241 Particular contracts etc. Prohibited 241(1), 241(2) 241(1), 241(2) The offence implements section 34 of the Heavy Vehicle Driver Fatigue National Model Legislation. Executive officer liability is applied to this offence through section 8. This section is an extended liability provision. It is integral to the regulatory objective of ensuring heavy vehicle safety through the contribution it makes to managing driver fatigue. Annexure 1 -- 402 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 399 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability The offences may be committed by a broad range of natural persons and bodies corporate and these offences are largely administrative in nature (arising from contract formation). The physical elements of the offence are not exclusively confined to the actions and judgement of a given individual (driver or otherwise) and executive officers can therefore reasonably control the relevant corporate conduct The maximum penalty for an individual offender is $10000; the second highest penalty provided for under the Bill 261 Liability of employer etc. for driver’s contravention of maximum work requirement or minimum rest requirement 261(2) 261(2) The offence implements section 91 of the Heavy Vehicle Driver Fatigue National Model Legislation. Executive officer liability is applied to this offence through section 8 of that legislation. This section is an extended liability provision. It is integral to the regulatory objective of ensuring heavy vehicle safety through the contribution it makes to managing driver fatigue. Annexure 1 -- 403 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 400 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability The range of parties on whom the obligation is imposed and the nature of the obligation itself mean the offence is not exclusively confined to the actions and judgement of a given individual (driver or otherwise) and executive officers can therefore reasonably control the relevant corporate conduct. The maximum penalty that may be imposed for an offence under this section is $15000 for a critical risk breach; the highest penalty provided for under the Bill. 264 Duty of employer, prime contractor, operator and scheduler to ensure driver compliance 264(2) 264(2) The offence implements section 53 of the Heavy Vehicle Driver Fatigue National Model Legislation. Executive officer liability is applied to this offence through section 8 of that legislation. This section is an extended liability provision. It is integral to the regulatory objective of ensuring heavy vehicle safety through the contribution it makes to managing driver fatigue. The maximum penalty for an individual offender is $6000, a mid-range penalty under the Bill Annexure 1 -- 404 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 401 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability 284 Return of permit 284(2) 284(2) The offence implements section 101 of the Heavy Vehicle Driver Fatigue National Model Legislation. Executive officer liability is applied to this offence through section 8 of that legislation. The grounds on which a permit may be cancelled are set out in sections 280 and 281 and include cases where the permit was dishonestly obtained, or it is no longer assured of achieving the outcomes intended at its grant due to changing circumstances Failure to return a permit may facilitate noncompliance with the fatigue duties provided under the Act and prejudices the capacity of other duty holders to manage their own obligations. The maximum penalty for an individual offender is $6000, a mid-range penalty under the Bill Annexure 1 -- 405 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 402 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability 286 Contravening condition of work, and rest hours exemption 286(1) 286(1) The offence implements section 94B of the Heavy Vehicle Driver Fatigue National Model Legislation. Executive officer liability is applied to this offence through section 8 of that legislation. This section is an extended liability provision. It is integral to the regulatory objective of ensuring heavy vehicle safety through the contribution it makes to managing driver fatigue. There is arguably a higher level of blameworthiness arising from an offence under this provision given it only applies in circumstances where the ordinary operation of the Act has been suspended through the issuing of a work and rest hours exemption. The maximum penalty for an individual offender is $6000, a mid-range penalty under the Bill Annexure 1 -- 406 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 403 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability 310 Intelligent access reporting entity must notify record keeper if approved electronic recording system malfunctioning 310(2) 310(2) The offence implements section 59 of the Heavy Vehicle Driver Fatigue National Model Legislation. Executive officer liability is applied to this offence through section 8 of that legislation. The obligation imposed under this section will apply to a limited range of service providers with specialist expertise. Failure to discharge the obligation impacts the ability of other duty holders to satisfy their legal requirements including the management of driver safety. It is integral to the regulatory objective of ensuring heavy vehicle safety through the contribution it makes to managing driver fatigue. The maximum penalty for an individual offender is $6000, a mid-range penalty under the Bill 311 What record keeper must do if electronic work diary destroyed, lost or stolen 311(2) 311(2) The offence implements section 59 of the Heavy Vehicle Driver Fatigue National Model Legislation. Executive officer liability is applied to this offence through section 8 of that legislation. Annexure 1 -- 407 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 404 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability The obligation imposed under this section will apply to a limited range of service providers with specialist expertise. Failure to discharge the obligation impacts the ability of other duty holders to satisfy their legal requirements including the management of driver safety. It is integral to the regulatory objective of ensuring heavy vehicle safety through the contribution it makes to managing driver fatigue. The maximum penalty for an individual offender is $6000, a mid-range penalty under the Bill 312 What record keeper must do if electronic work diary destroyed, lost or stolen 312(2) 312(2) The offence implements section 59 of the Heavy Vehicle Driver Fatigue National Model Legislation. Executive officer liability is applied to this offence through section 8 of that legislation. The obligation imposed under this section will apply to a limited range of service providers with specialist expertise. Annexure 1 -- 408 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 405 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability Failure to discharge the obligation impacts the ability of other duty holders to satisfy their legal requirements including the management of driver safety. It is integral to the regulatory objective of ensuring heavy vehicle safety through the contribution it makes to managing driver fatigue. The maximum penalty for an individual offender is $6000, a mid-range penalty under the Bill 313 What record keeper must do if electronic work diary not in working order or malfunctioning. 313(2) 313(2) The offence implements section 59 of the Heavy Vehicle Driver Fatigue National Model Legislation. Executive officer liability is applied to this offence through section 8 of that legislation. The obligation in respect of which liability arises is relevant to the regulatory objective of ensuring heavy vehicle safety through the contribution it makes to managing driver fatigue. The obligation imposed under this section will apply to a limited range of service providers with specialist expertise. Annexure 1 -- 409 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 406 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability Failure to discharge the obligation impacts the ability of other duty holders to satisfy their legal requirements including the management of driver safety. It is integral to the regulatory objective of ensuring heavy vehicle safety through the contribution it makes to managing driver fatigue. The maximum penalty for an individual offender is $6000, a mid-range penalty under the Bill 314 How electronic work diary must be used 314(3) --- The offence implements section 76B of the Heavy Vehicle Driver Fatigue National Model Legislation. Executive officer liability is applied to this offence through section 8 of that legislation. The obligation imposed under this section (to comply with the conditions of use for the electronic work diary) applies to the actions of the driver and is therefore largely under his or her control. Given that fact, it is unreasonable to extend derivative liability to an executive officer on the basis of recklessness and the offence is therefore not a provision prescribed for the purposes of section 636(2). Annexure 1 -- 410 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 407 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability Failure to discharge the obligation impacts the ability of the driver as well as other duty holders to satisfy their legal requirements including the management of driver safety. It is integral to the regulatory objective of ensuring heavy vehicle safety through the contribution it makes to managing driver fatigue. The maximum penalty for an individual offender is $6000, a mid-range penalty under the Bill 315 Liability of employer etc. for driver’s contravention of particular requirements for this division 315(2) 315(2) The offence implements section 61 of the Heavy Vehicle Driver Fatigue National Model Legislation. Executive officer liability is applied to this offence through section 8 of that legislation. This section establishes the primary extended liability offence to ensure compliance with the record-keeping obligations in the Bill. It applies to a range of clearly identified parties. Accurate record keeping, electronic or otherwise, is an essential tool in the management and self- Annexure 1 -- 411 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 408 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability management of fatigue in drivers of heavy vehicles. The records produced also provide enforcement agencies with the necessary information to ensure compliance. The obligation in respect of which liability arises is relevant to the regulatory objective of ensuring heavy vehicle safety through the contribution it makes to managing driver fatigue. The range parties of parties on whom the obligation is imposed and the nature of the obligation itself mean the offence is not exclusively confined to the actions and judgement of a given individual (driver or otherwise) and executive officers can therefore reasonably control the relevant corporate conduct. The maximum penalty for an individual offender is $6000, a mid-range penalty under the Bill Annexure 1 -- 412 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 409 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability 319 Records record keeper must have 319(1) 319(1) The offence implements section 62 of the Heavy Vehicle Driver Fatigue National Model Legislation. Executive officer liability is applied to this offence through section 8 of that legislation. The offence contemplates the contracting out of the obligations under subsection (1). Accurate record keeping, electronic or otherwise, is an essential tool in the management and self- management of fatigue in drivers of heavy vehicles. The records produced also provide enforcement agencies with the necessary information to ensure compliance. The obligation in respect of which liability arises is relevant to the regulatory objective of ensuring heavy vehicle safety through the contribution it makes to managing driver fatigue. The maximum penalty for an individual offender is $6000, a mid-range penalty under the Bill Annexure 1 -- 413 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 410 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability 321Records record keeper must have 321(1), 321(2) 321(1), 321(2) The offence implements section 62 of the Heavy Vehicle Driver Fatigue National Model Legislation. Executive officer liability is applied to this offence through section 8 of that legislation. Accurate record keeping, electronic or otherwise, is an essential tool in the management and self- management of fatigue in drivers of heavy vehicles. The records produced also provide enforcement agencies with the necessary information to ensure compliance. The obligations in respect of which liability arises are relevant to the regulatory objective of ensuring heavy vehicle safety through the contribution the make to managing driver fatigue. The maximum penalty for an individual offender is $6000, a mid-range penalty under the Bill Annexure 1 -- 414 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 411 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability 322 General Requirements about driver giving information to record keeper 322(4) 322(4) The offence implements section 62 of the Heavy Vehicle Driver Fatigue National Model Legislation. Executive officer liability is applied to this offence through section 8 of that legislation. The obligation in respect of which liability arises is relevant to the regulatory objective of ensuring heavy vehicle safety through the contribution it makes to managing driver fatigue. The offence contemplates the contracting out of the obligations under subsection (1) and the use of records produced through the use of an electronic work diary. Given the involvement of these parties, it is unreasonable to exclude derivative liability for this offence on the basis the elements of the offence are primarily or exclusively within the knowledge and control of the driver or another given individual. . The maximum penalty for an individual offender is $3000, a low-range penalty under the Bill. Annexure 1 -- 415 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 412 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability 323 Requirements about driver giving information to record keeper if driver changes record keeper 323(3) 323(3) The offence implements section 62 of the Heavy Vehicle Driver Fatigue National Model Legislation. Executive officer liability is applied to this offence through section 8 of that legislation. Accurate record keeping, electronic or otherwise, is an essential tool in the management and self- management of fatigue in drivers of heavy vehicles. The records produced also provide enforcement agencies with the necessary information to ensure compliance. The obligation in respect of which liability arises is relevant to the regulatory objective of ensuring heavy vehicle safety through the contribution it makes to managing driver fatigue. The maximum penalty for an individual offender is $3000, a low-range penalty under the Bill. Annexure 1 -- 416 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 413 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability 324 Record keeper must give printouts of information from electronic work diary 324(2) 324(2) The offence implements section 62 of the Heavy Vehicle Driver Fatigue National Model Legislation. Executive officer liability is applied to this offence through section 8 of that legislation. Accurate record keeping, electronic or otherwise, is an essential tool in the management and self- management of fatigue in drivers of heavy vehicles. The records produced also provide enforcement agencies with the necessary information to ensure compliance. The obligation in respect of which liability arises is relevant to the regulatory objective of ensuring heavy vehicle safety through the contribution it makes to managing driver fatigue. The maximum penalty for an individual offender is $3000, a low-range penalty under the Bill. Annexure 1 -- 417 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 414 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability 327 Possession of purported work records etc. prohibited 327 327 The offence implements section 66 of the Heavy Vehicle Driver Fatigue National Model Legislation. Executive officer liability is applied to this offence through section 8 of that legislation. Accurate record keeping, electronic or otherwise, is an essential tool in the management and self- management of fatigue in drivers of heavy vehicles. The records produced also provide enforcement agencies with the necessary information to ensure compliance. The offence may be committed by drivers or record keepers but is justified for retention primarily on the basis of the seriousness of the offence involved. The maximum penalty for an individual offender is $10000; the second highest penalty provided for under the Bill. Annexure 1 -- 418 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 415 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability 328 False representation about work records prohibited 328 --- The offence implements section 68 of the Heavy Vehicle Driver Fatigue National Model Legislation. Executive officer liability is applied to this offence through section 8 of that legislation. Accurate record keeping, electronic or otherwise, is an essential tool in the management and self- management of fatigue in drivers of heavy vehicles. The records produced also provide enforcement agencies with the necessary information to ensure compliance. Given the commission of an offence is likely to substantially involve the actions and judgement of a given individual it would be unreasonable to extend derivative liability to an executive officer on the basis of recklessness by specifying it for the purposes of section 636(2). However, given the seriousness of the offence, the breadth of circumstances in which it could be committed and range of potential offenders suggests it is reasonable for inclusion as an offence specified for the purposes of section 636(1). Annexure 1 -- 419 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 416 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability The maximum penalty for an individual offender is $10000; the second highest penalty provided for under the Bill. 329 Defacing or changing work records etc. prohibited 329 --- The offence implements section 67 of the Heavy Vehicle Driver Fatigue National Model Legislation. Executive officer liability is applied to this offence through section 8 of that legislation. Accurate record keeping, electronic or otherwise, is an essential tool in the management and self- management of fatigue in drivers of heavy vehicles. The records produced also provide enforcement agencies with the necessary information to ensure compliance. Given the commission of an offence is likely to substantially involve the actions and judgement of a given individual it would be unreasonable to extend derivative liability to an executive officer on the basis of recklessness by specifying it for the purposes of section 636(2). However, given the Annexure 1 -- 420 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 417 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability seriousness of the offence, the breadth of circumstances in which it could be committed and range of potential offenders suggests it is reasonable for inclusion as an offence specified for the purposes of section 636(1). The maximum penalty for an individual offender is $10000; the second highest penalty provided for under the Bill. 330 Making entries in someone else’s work records prohibited 330(1) --- The offence implements section 69 of the Heavy Vehicle Driver Fatigue National Model Legislation. Executive officer liability is applied to this offence through section 8 of that legislation. Accurate record keeping, electronic or otherwise, is an essential tool in the management and self- management of fatigue in drivers of heavy vehicles. The records produced also provide enforcement agencies with the necessary information to ensure compliance. Given the commission of an offence is likely to substantially involve the Annexure 1 -- 421 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 418 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability actions and judgement of a given individual it would be unreasonable to extend derivative liability to an executive officer on the basis of recklessness by specifying it for the purposes of section 636(2). However, given the seriousness of the offence, the breadth of circumstances in which it could be committed and range of potential offenders suggests it is reasonable for inclusion as an offence specified for the purposes of section 636(1). The maximum penalty for an individual offender is $10000; the second highest penalty provided for under the Bill. 331 Destruction of particular work records prohibited 331 --- The offence implements section 70 of the Heavy Vehicle Driver Fatigue National Model Legislation. Executive officer liability is applied to this offence through section 8 of that legislation. The obligation in respect of which liability arises is relevant to the regulatory objective of ensuring heavy vehicle safety through the contribution it makes to managing driver fatigue. Annexure 1 -- 422 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 419 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability Given the commission of an offence is likely to substantially involve the actions and judgement of a given individual it would be unreasonable to extend derivative liability to an executive officer on the basis of recklessness by specifying it for the purposes of section 636(2). However, given the seriousness of the offence, the breadth of circumstances in which it could be committed and range of potential offenders suggests it is reasonable for inclusion as an offence specified for the purposes of section 636(1). The maximum penalty for an individual offender is $10000; the second highest penalty provided for under the Bill. 332 Offence to remove pages from written work diary 332 --- There is no directly corresponding provision for this offence in the model laws on which the Act is based. Accurate record keeping, electronic or otherwise, is an essential tool in the management and self- management of fatigue in drivers of heavy vehicles. The records produced also Annexure 1 -- 423 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 420 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability provide enforcement agencies with the necessary information to ensure compliance. Given the commission of an offence is likely to substantially involve the actions and judgement of a given individual it would be unreasonable to extend derivative liability to an executive officer on the basis of recklessness by specifying it for the purposes of section 636(2). However, given the seriousness of the offence, the breadth of circumstances in which it could be committed and range of potential offenders suggests it is reasonable for inclusion as an offence specified for the purposes of section 636(1). The maximum penalty for an individual offender is $10000; the second highest penalty provided for under the Bill. 335 Person must not tamper with approved electronic recording system 335(1) 335(1) The offence implements section 71 of the Heavy Vehicle Driver Fatigue National Model Legislation. Executive officer liability is applied to this offence through section 8. Annexure 1 -- 424 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 421 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability Accurate record keeping, electronic or otherwise, is an essential tool in the management and self- management of fatigue in drivers of heavy vehicles. The records produced also provide enforcement agencies with the necessary information to ensure compliance with regulatory obligations. The range parties on whom the obligation is imposed and the nature of the obligation itself mean the offence is not exclusively confined to the actions and judgement of a given individual (driver or otherwise) and executive officers can therefore reasonably control the relevant corporate conduct. The maximum penalty for an individual offender is $10000; the second highest penalty provided for under the Bill. 336 Person using approved electronic recording system must not permit tampering with it 336(1) 336(1) The offence implements section 71 of the Heavy Vehicle Driver Fatigue National Model Legislation. Executive officer liability is applied to this offence through section 8 of that legislation. Annexure 1 -- 425 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 422 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability Accurate record keeping, electronic or otherwise, is an essential tool in the management and self- management of fatigue in drivers of heavy vehicles. The records produced also provide enforcement agencies with the necessary information to ensure compliance with regulatory obligations. The maximum penalty for an individual offender is $10000; the second highest penalty provided for under the Bill. 337 Intelligent access reporting entity must not permit tampering with approved electronic recording system 337(2) 337(2) The offence implements section 71 of the Heavy Vehicle Driver Fatigue National Model Legislation. Executive officer liability is applied to this offence through section 8 of that legislation. Accurate record keeping, electronic or otherwise, is an essential tool in the management and self- management of fatigue in drivers of heavy vehicles. The records produced also provide enforcement agencies with the necessary information to ensure compliance with regulatory obligations. Annexure 1 -- 426 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 423 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability The maximum penalty for an individual offender is $10000; the second highest penalty provided for under the Bill. 341 Period for which, and in which, records must be kept 341(1), 341(2), 341(3), 341(4) 341(1), 341(2), 341(3), 341(4) Accurate record keeping, electronic or otherwise, is an essential tool in the management and self- management of fatigue in drivers of heavy vehicles. The records produced also provide enforcement agencies with the necessary information to ensure compliance with regulatory obligations. The nature of the duty is largely administrative and this fact, in combination with the range of parties to whom it applies means the elements of the offence are not exclusively confined to the actions and judgement of a given individual (driver or otherwise) and executive officers can therefore reasonably control the relevant corporate conduct. Penalties for contraventions of this section range from $3000 (a low range penalty) to $6000 (a mid range penalty) Annexure 1 -- 427 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 424 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability 347 Placing electronic work diary label on device 347(2), 347(3) --- The offence implements section 74A of the Heavy Vehicle Driver Fatigue National Model Legislation. Executive officer liability is applied to this offence through section 8 of that legislation. Accurate record keeping, electronic or otherwise, is an essential tool in the management and self- management of fatigue in drivers of heavy vehicles. The records produced also provide enforcement agencies with the necessary information to ensure compliance with regulatory obligations. An offence under this section may misrepresent the authorisation of capability of an electronic work diary and interfere with those objectives. The nature of the offence suggests however that it would be unreasonable to specify it for the purposes of section 636 (2). The nature of the obligation is largely administrative and this fact, in combination with the range of parties to whom it applies means the elements of the offence are not exclusively confined to the Annexure 1 -- 428 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 425 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability actions and judgement of a given individual (driver or otherwise) and executive officers can therefore reasonably control the relevant corporate conduct. The maximum penalty for an individual offender is $10000; the second highest penalty provided for under the Bill. 350 Prohibition on using device as electronic work diary if it is not, and is not a part of an approved electronic recording system. 350(1), 350(2) 350(1), 350(2) The offence implements section 74A of the Heavy Vehicle Driver Fatigue National Model Legislation. Executive officer liability is applied to this offence through section 8 of that legislation. Accurate record keeping, electronic or otherwise, is an essential tool in the management and self- management of fatigue in drivers of heavy vehicles. The records produced also provide enforcement agencies with the necessary information to ensure compliance with regulatory obligations. The maximum penalty for an individual offender is $10000; the second highest penalty provided for under the Bill. Annexure 1 -- 429 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 426 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability 354 Requirements if approval amended 354(3), 354(5) 354(3), 354(5) The offence implements section 76A of the Heavy Vehicle Driver Fatigue National Model Legislation. Executive officer liability is applied to this offence through section 8 of that legislation. Accurate record keeping, electronic or otherwise, is an essential tool in the management and self- management of fatigue in drivers of heavy vehicles. The records produced also provide enforcement agencies with the necessary information to ensure compliance with regulatory obligations. This offence only arises where 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, and on recept of the relevant notice. Failure to comply with a requirement therefore self- evidently raises serious safety concerns as well as prejudicing the ability of other duty holders to manage their obligations under the Act. Annexure 1 -- 430 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 427 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability The maximum penalty for an individual offender is $6000, a mid-range penalty under the Bill 355 Requirements if approval cancelled 355(2), 355(4), 355(6), 355(8) 355(2), 355(4), 355(6), 355(8) The offence implements section 75A of the Heavy Vehicle Driver Fatigue National Model Legislation. Executive officer liability is applied to this offence through section 8 of that legislation. Accurate record keeping, electronic or otherwise, is an essential tool in the management and self- management of fatigue in drivers of heavy vehicles. The records produced also provide enforcement agencies with the necessary information to ensure compliance with regulatory obligations Noncompliance with the obligations in section 355 may prejudice the ability of other duty holders to manage their own obligations fatigue management obligations. The grounds on which such an approval can be cancelled are set out in section 352 and strongly suggest that Annexure 1 -- 431 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 428 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability continued use of the approval after cancellation is likely to be unsafe. The maximum penalty for an individual offender is $6000, a mid-range penalty under the Bill 373 Return of work diary exemption (permit) 373(2) --- The offence implements section 101 of the Heavy Vehicle Driver Fatigue National Model Legislation. Executive officer liability is applied to this offence through section 8. Failure to return a permit may facilitate noncompliance with the fatigue duties provided under the Act. And prejudice the capacity of other duty holders to manage their own obligations. Given the offence may only be committed in response to a notice provided under the Act, it would be inappropriate to prescribe it for the purposes of section 636(2) The maximum penalty for an individual offender is $6000, a mid-range penalty under the Bill Annexure 1 -- 432 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 429 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability 375 Contravening condition of work diary exemption 375 375 The offence implements section 94B of the Heavy Vehicle Driver Fatigue National Model Legislation. Executive officer liability is applied to this offence through section 8 of that legislation. Work diary exemptions may only be issued where the Regulator is satisfied the class of work to which the exemption is to apply will not pose: • a significant risk to public safety; or • a significant risk of the drivers to whom the exemption is to apply driving on a road while impaired by fatigue. The conditions imposed in the exemption are likely to be included to mitigate the above risks. By implication contravening such a condition is likely to produce the adverse safety outcomes the conditions sought to avoid. There are sound arguments such noncompliance should attract additional blameworthiness on the basis the ordinarily applicable rules Annexure 1 -- 433 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 430 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability of operation have been suspended on the basis the conditions of the concession would be complied with. Given the range of circumstances in which the offence may be committed there is no basis to assume the physical elements of the offence will inevitably be exclusively confined to the actions and judgement of a given individual (driver or otherwise). Executive officers can therefore reasonably control the relevant corporate conduct in most if not all plausible cases. The maximum penalty for an individual offender is $6000, a mid-range penalty under the Bill 396 Owner must maintain odometer 396(2) 396(2) The offence implements section 60 of the Heavy Vehicle Driver Fatigue National Model Legislation. Executive officer liability is applied to this offence through section 8 of that legislation. A properly functioning odometer is likely to remain necessary for the majority of fatigue regulated duty holders to meet their obligations Annexure 1 -- 434 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 431 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability under the Act for the foreseeable future. The absence of such will compromise the capacity of drivers and other parties to safely manage their record keeping and fatigue management obligations with obvious safety implications. Given this offence arises in relation to the mechanical condition of the vehicle there is no basis to assume the physical elements of the offence will inevitably be exclusively confined to the actions and judgement of a given individual (driver or otherwise). Executive officers can therefore reasonably control the relevant corporate conduct in most if not all plausible cases. The maximum penalty for an individual offender is $6000, a mid-range penalty under the Bill 398 What owner must do if odometer malfunctioning 398(2) 398(2) The offence implements section 60 of the Heavy Vehicle Driver Fatigue National Model Legislation. Executive officer liability is applied to this offence through section 8 of that legislation. Annexure 1 -- 435 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 432 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability The prescription of this offence for derivative liability is justified on the same grounds as the offence in section 396. The maximum penalty for an individual offender is $6000, a mid-range penalty under the Bill 399 What employer or operator must do if odometer malfunctioning 399(2) 399(2) The offence implements section 60 of the Heavy Vehicle Driver Fatigue National Model Legislation. Executive officer liability is applied to this offence through section 8 of that legislation. The prescription of this offence for derivative liability is justified on the same grounds as the offence in section 396. This offence may only be committed by an employer, and not a given individual (driver or otherwise). Executive officers can therefore reasonably control the relevant corporate conduct. The maximum penalty for an individual offender is $6000, a mid-range penalty under the Bill Annexure 1 -- 436 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 433 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability Chapter 7 - Intelligent Access Program 404 Offence to give false or misleading information to intelligent access service provider 404(1), 404(4) 404(1), 404(4) The offence implements section 10 of the Model Legislation — Intelligent Access Program. Executive officer liability is applied to this offence through section 5 of that legislation. The IAP may be used to monitor a broad range of conditions potentially including speed and fatigue management. The provision of misleading information may compromise the integrity of the monitoring system as a whole to ensure compliance with these conditions with the obvious safety implications. The maximum penalty for an individual offender is $10000; the second highest penalty provided for under the Bill. 405 Advising vehicle driver of collection of information by intelligent access service provider 405(1) --- The offence implements section 11 of the Model Legislation — Intelligent Access Program. Executive officer liability is applied to this offence through section 5 of that legislation. The maximum penalty for an individual offender is $6000, a mid-range penalty under the Bill Annexure 1 -- 437 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 434 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability 406 Reporting system malfunctions to Regulator 406(1), 406(2) 406(1) The offence implements section 12 of the Model Legislation — Intelligent Access Program. Executive officer liability is applied to this offence through section 5 of that legislation. Failure to abide by this obligation may compromise the integrity of the monitoring system as a whole to ensure compliance with these conditions with the obvious safety implications. The maximum penalty for an individual offender is $6000, a mid-range penalty under the Bill 417 Giving intelligent access auditor access to records 417 --- The offence implements section 15 of the Model Legislation — Intelligent Access Program. Executive officer liability is applied to this offence through section 5 of that legislation. The nature of the offence suggests it would unlikely if not impossible to arise in circumstances of (mere) recklessness so it is inappropriate to prescribe it for the purposes of sections 636(2). Annexure 1 -- 438 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 435 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability The maximum penalty for an individual offender is $6000, a mid-range penalty under the Bill 422 Reporting relevant contraventions to Regulator 422(2) 422(2) The offence implements section 20 of the Model Legislation — Intelligent Access Program. Executive officer liability is applied to this offence through section 5 of that legislation. The maximum penalty for an individual offender is $6000, a mid-range penalty under the Bill 423 Reporting tampering or suspected tampering with approved intelligent transport system. 423(1) 423(1) The offence implements section 21 of the Model Legislation — Intelligent Access Program. Executive officer liability is applied to this offence through section 5 of that legislation. Failure to abide by this obligation may compromise the integrity of the monitoring system as a whole to ensure compliance with these conditions with the obvious safety implications. The maximum penalty for an individual offender is $6000, a mid-range penalty under the Bill Annexure 1 -- 439 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 436 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability 424 Restriction on disclosing information about tampering or suspected tampering with approved intelligent transport system. 424(1), 424(3) 424(1), 424(3) The offence implements section 21 of the Model Legislation — Intelligent Access Program. Executive officer liability is applied to this offence through section 5 of that legislation. The commission of an offence under this section my impede the proper administration of the Act and compromise compliance activity. The maximum penalty for an individual offender is $6000, a mid-range penalty under the Bill 451 Reporting contraventions by intelligent access service providers to TCA 451 451 The offence implements section 42 of the Model Legislation — Intelligent Access Program. Executive officer liability is applied to this offence through section 5 of that legislation. The commission of an offence under this section my impede the proper administration of the Act and compromise compliance activity. The maximum penalty for an individual offender is $6000, a mid-range penalty under the Bill Annexure 1 -- 440 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 437 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability 452 Reporting tampering or suspected tampering with approved intelligent transport system to Regulator or TCA 452 452 The offence implements section 43 of the Model Legislation — Intelligent Access Program. Executive officer liability is applied to this offence through section 5 of that legislation. The commission of an offence under this section my impede the proper administration of the Act and compromise compliance activity. The maximum penalty for an individual offender is $6000, a mid-range penalty under the Bill 453 Restriction on disclosing information about tampering or suspected tamping with approved intelligent transport system 453(1), 453(2) 453(1), 453(2) The commission of an offence under this section my impede the proper administration of the Act and compromise compliance activity. The commission of an offence under this section my impede the proper administration of the Act and compromise compliance activity. The maximum penalty for an individual offender is $6000, a mid-range penalty under the Bill. Annexure 1 -- 441 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 438 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability 454 Offence to tamper with approved intelligent transport system 454(1), 454(2) 454(1), 454(2) The offence implements section 45 of the Model Legislation — Intelligent Access Program. Executive officer liability is applied to this offence through section 5 of that legislation. Failure to abide by this obligation may compromise the integrity of the monitoring system as a whole to ensure compliance with these conditions with the obvious safety implications. The breadth of the duty and range of parties to whom it applies means the elements of the offence are not exclusively confined to the actions and judgement of a given individual (driver or otherwise) and executive officers can therefore reasonably control the relevant corporate conduct. The maximum penalty for an individual offender for a contravention of subsection (1) and (2) is $10000; the second highest penalty provided for under the Heavy Vehicle National Law and $8000 (a high range penalty) Annexure 1 -- 442 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 439 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability Chapter 8 - Accreditation 467 Compliance with conditions of BFM accreditation or AFM accreditation 467 467 The offence implements sections 80 and 85 of the Heavy Vehicle Driver Fatigue National Model Legislation. Executive officer liability is applied to this offence through section 8 of that legislation. AFM and BFM accreditation represent alternative compliance arrangements to facilitate more intensive operations and may be subject to a broad range of conditions. Noncompliance with the conditions on which the accreditation is issued avoids the mitigating actions that are put in place to manage the risks associated with these more intensive operations. There are sound arguments such noncompliance should attract additional blameworthiness on the basis the ordinarily applicable rules of operation have been suspended on the basis the conditions of the concession would be complied with. The maximum penalty for an individual offender is $6000, a mid-range penalty under the Bill Annexure 1 -- 443 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 440 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability 470 General Requirements applying to operator with heavy vehicle accreditation 470(2), 470(3), 470(4), 470(5), 470(6) 470(2), 470(3), 470(4), 470(5), 470(6) The offence implements sections 81 and 87 of the Heavy Vehicle Driver Fatigue National Model Legislation. Executive officer liability is applied to this offence through section 8 of that legislation. Given the range of circumstances in which the offence may be committed there is no basis to assume the physical elements of the offence will inevitably be exclusively confined to the actions and judgement of a given individual (driver or otherwise). Executive officers can therefore reasonably control the relevant corporate conduct in most if not all plausible cases. The conditions that will be attached to the accreditation will most likely be directly relevant to ensuring the proper management of the work and rest of the driver, an issue with obvious safety implications. There are sound arguments such noncompliance should attract additional blameworthiness on the basis the ordinarily applicable rules of operation have been Annexure 1 -- 444 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 441 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability suspended on the basis the conditions of the concession would be complied with. The maximum penalty for an individual offender is $6000, a mid-range penalty under the Bill 471 Operator must give notice of amendment, suspension or ending of heavy vehicle accreditation 471(2) 471(2) The offence implements section 82 and 88 of the Heavy Vehicle Driver Fatigue National Model Legislation. Executive officer liability is applied to this offence through section 8 of that legislation. Failure to provide the notice may facilitate non-compliance in circumstances where the Regulator has determined the accreditation should be suspended or amended. This may also adversely impact the ability of other duty holders to safely manage their own activities and their legal obligations. (2) The maximum penalty for an individual offender is $6000, a mid-range penalty under the Bill Annexure 1 -- 445 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 442 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability 476 Return of accreditation certificate 476(2) 476(2) The offence implements section 101 of the Heavy Vehicle Driver Fatigue National Model Legislation. Executive officer liability is applied to this offence through section 8 of that legislation. Failure to return the certificate may facilitate non-compliance in circumstances where the Regulator has determined the accreditation should be suspended. This may also adversely impact the ability of other duty holders to safely manage their own activities and their legal obligations. The maximum penalty for an individual offender is $6000, a mid-range penalty under the Bill. 478 Offences relating to auditors 478(1), 478(2), 478(3), 478(4) --- The offence implements section 103 of the Heavy Vehicle Driver Fatigue National Model Legislation. Executive officer liability is applied to this offence through section 8 The maximum penalty for an individual offender is $10000, the second highest penalty provided for under the Bill. Annexure 1 -- 446 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 443 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability Chapter 9- Enforcement 514 Direction not to move or interfere with heavy vehicle etc. to enable exercise of other powers 514(3) --- This section implements section 28 of the Road Transport Reform (Compliance and Enforcement) Bill 2003. Executive officer liability attached to these offences under section 149 of that Bill. The commission of an offence under this section my impede the proper administration of the Act and compromise compliance activity. Given the commission of the offence is likely to substantially involve the actions and judgement of a given individual (driver or operator), it would be unreasonable to extend derivative liability to an executive officer on the basis of recklessness by specifying it under section 636(2) The maximum penalty for an individual offender is $6000, a mid-range penalty under the Bill Annexure 1 -- 447 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 444 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability 516 Direction to move heavy vehicle to enable exercise of other powers 516(3) --- This section implements section 29 of the Road Transport Reform (Compliance and Enforcement) Bill 2003. Executive officer liability attached to these offences under section 149 of that Bill. The commission of an offence under this section my impede the proper administration of the Act and compromise compliance activity. Given the commission of the offence is likely to substantially involve the actions and judgement of a given individual (driver or operator), it would be unreasonable to extend derivative liability to an executive officer on the basis of recklessness by specifying it under section 636(2) The maximum penalty for an individual offender is $6000, a mid-range penalty under the Bill 517 Direction to move heavy vehicle if causing harm etc. 517(4) --- This section implements section 30 of the Road Transport Reform (Compliance and Enforcement) Bill 2003. Executive officer liability attached to these offences under section 149 of that Bill. Annexure 1 -- 448 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 445 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability The commission of an offence under this section my impede the proper administration of the Act and compromise compliance activity. Given the commission of the offence is likely to substantially involve the actions and judgement of a given individual (driver or operator), it would be unreasonable to extend derivative liability to an executive officer on the basis of recklessness by specifying it under section 636(2). The maximum penalty for an individual offender is $6000, a mid-range penalty under the Bill 528 Defective vehicle labels 528(3) --- This section implements Regulation 40 of the National Transport Commission (Road Transport Legislation -- Heavy Vehicles Registration Regulations) Regulations 2006, Schedule 1. These regulations were made under the Road Transport Reform (Heavy Vehicles Registration) Act 1997 (Cwth). This Act was expressly contemplated as a road law to which executive officer liability may attach Annexure 1 -- 449 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 446 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability under section 149 of the Road Transport Reform (Compliance and Enforcement) Bill 2003. A defect notice the subject of this offence may be issued where the authorised officer reasonably believes the vehicle presents an imminent and serious safety risk. Accordingly, there are substantial safety implications for other road users should such a direction be ignored. While the range of circumstances in which the offence can be committed justify extension of derivate liability under section 636(1), the act of removing or defacing the label is likely to be so far the product of the actions and judgement of a given individual (driver or operator), it would be unreasonable to extend derivative liability to an executive officer on the basis of recklessness by specifying it under section 636(2) The maximum penalty for an individual offender is $3000, a low-range penalty under the Bill. Annexure 1 -- 450 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 447 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability 529 Using defective heavy vehicles contrary to vehicle defect notice 529 529 This section implements Regulation 42 of the National Transport Commission (Road Transport Legislation -- Heavy Vehicles Registration Regulations) Regulations 2006, Schedule 1. These regulations were made under the Road Transport Reform (Heavy Vehicles Registration) Act 1997 (Cwth). This Act was expressly contemplated as a road law to which executive officer liability may attach under section 149 of the Road Transport Reform (Compliance and Enforcement) Bill 2003. A defect notice, defacement or removal of which is the subject of this offence, may be issued where the authorised officer reasonably believes the vehicle presents an imminent and serious safety risk. Accordingly, there are substantial safety implications for other road users should such a direction be ignored. The maximum penalty for an individual offender is $3000, a low-range penalty under the Bill. Annexure 1 -- 451 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 448 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability 533 Powers for minor risk breach of mass, dimension or loading requirement 533(7) --- This section implements sections 82 and 85 of the Road Transport Reform (Compliance and Enforcement) Bill 2003. Executive officer liability attached to these offences under section 149 of that Bill. Given the commission of the offence is likely to substantially involve the actions and judgement of a given individual (driver or operator), it would be unreasonable to extend derivative liability to an executive officer on the basis of recklessness by specifying it under section 636(2) The maximum penalty for an individual offender is $10000; the second highest penalty provided for under the Bill. 534 Powers for substantial risk breach of mass, dimension or loading requirement 534(5) --- This section implements section 83 of the Road Transport Reform (Compliance and Enforcement) Bill 2003. Executive officer liability attached to these offences under section 149 of that Bill. Given the powers are only exercisable in relation to substantial breaches, there are Annexure 1 -- 452 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 449 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability substantial safety implications for other road users should such a direction be ignored. Given the commission of an offence is likely to substantially involve the actions and judgement of a given individual (driver or operator), it would be unreasonable to extend derivative liability to an executive officer on the basis of recklessness by specifying it under section 636(2). The maximum penalty for an individual offender is $10000; the second highest penalty provided for under the Bill. 535 Powers for severe risk breach of mass, dimension or loading requirement 535(5) --- This section implements section 84 of the Road Transport Reform (Compliance and Enforcement) Bill 2003. Executive officer liability attached to these offences under section 149 of that Bill. Given the powers are only exercisable in relation to severe breaches, there are substantial safety implications for other road users should such a direction be ignored. Annexure 1 -- 453 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 450 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability Given the commission of an offence is likely to substantially involve the actions and judgement of a given individual (driver or operator), it would be unreasonable to extend derivative liability to an executive officer on the basis of recklessness by specifying it under section 636(2) 553 Requirement of person in control of thing to be seized 553(3) --- An offence against this section may result in the loss or destruction of evidence, compromising the capacity of the Regulator to effectively prosecute a range of offences under the law. The commission of an offence under this section my impede the proper administration of the Act and compromise compliance activity. Given fact the offence will be enlivened only on the receipt of a formal notice, specifying recklessness as a basis for extending derivative liability appears inappropriate. The maximum penalty for an individual offender is $10000; the second highest penalty provided for under the Bill. Annexure 1 -- 454 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 451 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability 558 Non compliance with embargo notice 558(1), 558(3) 558(1), 558(3) This section implements section 55 of the Road Transport Reform (Compliance and Enforcement) Bill 2003. Executive officer liability attached to these offences under section 149 of that Bill An offence against this section may result in the loss or destruction of evidence, compromising the capacity of the Regulator to effectively prosecute a range of offences under the law. The section expressly contemplates the commission of an offence through the issuing of instructions, a matter within the ordinary prerogatives of management. Given the physical elements of the offence are not exclusively confined to the actions and judgement of a given individual (driver or otherwise) executive officers can reasonably be expected to control the relevant corporate conduct and derivative liability appropriate. The maximum penalty for an individual offender is $10000; the second highest penalty provided for under the Bill. Annexure 1 -- 455 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 452 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability 559 Power to secure embargoed thing 559(3), 559(4), 559(5) 559(3), 559(4), 559(5) The commission of an offence under this section my impede the proper administration of the Act and compromise compliance activity. Given the breadth of the range of circumstances in which the power may be exercised and an offence committed, the exclusion of derivative liability would be inappropriate. The maximum penalty for an individual offender is $10000; the second highest penalty provided for under the Bill. 567 Power to require name, address and date of birth 567(4) --- This section implements section 42 of the Road Transport Reform (Compliance and Enforcement) Bill 2003. Executive officer liability attached to these offences under section 149 of that Bill This offence extends to responsible persons and other persons involved in commission of an offence or may possess information to assist in the investigation of an offence against this law. It is conceivable therefore that there are circumstances in which the relevant person Annexure 1 -- 456 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 453 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability may be subject to the direct control of their employer or whose behaviour may be able to be otherwise influenced by their employer. On this basis there is justification for extending derivative liability to an executive officer. Given the offence inevitably involves the participation of a driver at some level, it would not be reasonable to further extend liability to an executive officer on the basis of recklessness alone. Obtaining this information in an accurate and timely way may be critical to the investigation of serious offences under the law, and the provisions justified on being central to the regulatory scheme on that basis. The maximum penalty for an individual offender is $3000, a low-range penalty under the Bill. 568 Power to require production of document etc. required to be in drivers possession 568(7) --- This section implements sections 41 and 44 of the Road Transport Reform (Compliance and Enforcement) Bill 2003. Executive officer liability attached to these offences under section 149 of that Bill Annexure 1 -- 457 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 454 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability While an offence against this section may only be committed by a driver, it may be committed in circumstances (particularly for 568(1)(b)) where it would be reasonably expected the driver was under the supervision of his or her employer. On this basis it is reasonable to extend derivative liability to en executive officer where their management systems fail to adequately ensure compliance. The documents that may be the subject of such a requirement are critical evidential tools in determining compliance (work diaries etc.). The commission of an offence under this section my impede the proper administration of the Act and compromise compliance activity. Given the offence inevitably involves the participation of a driver at some level, it would not be reasonable to further extend liability to an executive officer on the basis of recklessness alone. The maximum penalty for an individual offender is $3000, a low-range penalty under the Bill. Annexure 1 -- 458 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 455 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability 569 Power to require production of documents etc. generally 569(2), 569(7) --- This section implements sections 41 and 44 of the Road Transport Reform (Compliance and Enforcement) Bill 2003. Executive officer liability attached to these offences under section 149 of that Bill. The offences can be committed by the full range of responsible persons and in relation to a similarly broad spectrum of documents and devices. This power is essential to facilitate the investigation of most if not all offences under the Bill. The commission of an offence under this section my impede the proper administration of the Act and compromise compliance activity. The maximum penalty for an individual offender is $6000, a mid-range penalty under the Bill 570 Power to require information about heavy vehicles 570(3) --- This section implements section 45 of the Road Transport Reform (Compliance and Enforcement) Bill 2003. Executive officer liability attached to these offences under section 149 of that Bill Annexure 1 -- 459 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 456 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability Offences may be committed by responsible persons and the requirements issued under this section may extend to information about persons, vehicle and loads extending well beyond the immediate knowledge of a driver. The commission of an offence under this section my impede the proper administration of the Act and compromise compliance activity. Given the above it is reasonable to assume the management of the response to this issue could be regulated through the ordinary internal management processes of a corporation and it would be reasonable to extend derivative liability for the purposes of section 636(1). However, given the offence may be committed in on the basis of failing to provide the personal information in subsection (1)(b), it would not be reasonable to prescribe this section for the purposes of subsection 636(2). The maximum penalty for an individual offender is $6000, a mid-range penalty under the Bill Annexure 1 -- 460 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 457 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability 573 Contravention of improvement notice 573(1) 573(1) This section implements section 119 of the Road Transport Reform (Compliance and Enforcement) Bill 2003. Executive officer liability attached to these offences under section 149 of that Bill. The stated action to be implemented through service of an improvement notice may and likely will extend beyond the operation of a heavy vehicle or other such localised matters. Implementing the terms of the notice and ensuring observation of the relevant obligations to make certain there is no repetition or continuation of the offence is matter executive officers can reasonably control. Given the above it is reasonable to extend derivative liability under this section. The commission of an offence under this section my impede the proper administration of the Act and compromise compliance activity. The maximum penalty for an individual offender is $10000; the second highest penalty provided for under the Bill. Annexure 1 -- 461 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 458 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability 577 Power to require reasonable help 577(4) --- This section implements section 46 of the Road Transport Reform (Compliance and Enforcement) Bill 2003. Executive officer liability attached to these offences under section 149 of that Bill. Failure to comply with a requirement issued under this provision inhibits the effective enforcement of the law, and may render the performance of an authorised officer’s functions more dangerous. The obligation imposed under this section is most likely to an individual driver and is therefore largely under his or her control. Given that fact, it is unreasonable to extend derivative liability to an executive officer on the basis of recklessness and the offence is therefore not a provision prescribed for the purposes of section 636(2). The maximum penalty for an individual offender is $10000; the second highest penalty provided for under the Bill. Annexure 1 -- 462 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 459 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability Chapter 10 - Sanctions and provisions about liability for offences 604 Contravention of supervisory intervention order 604 604 This section implements section 137 of the Road Transport Reform (Compliance and Enforcement) Bill 2003. Executive officer liability attached to these offences under section 149 of that Bill. The purpose of this instrument is to adopt a proactive approach to improving the performance of systematic or persistent offenders. It allows for the imposition of conditions that necessarily co-ordinate managerial involvement (e.g. the acceptance of supervision by an auditor, appointing or removing certain staff from particular positions, implementing training and supervision as required, installing monitoring, compliance management or operational equipment, implementing practices, systems or procedures). Executive officers can reasonably be expected to be to control these aspects of corporate conduct. Annexure 1 -- 463 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 460 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability The circumstances in which the orders may be made provide a strong argument for the extension of derivative liability for corporate non- compliance. The maximum penalty for an individual offender is $10000; the second highest penalty provided for under the Bill. 610 Contravention of prohibition order 610 610 This section implements section 139 of the Road Transport Reform (Compliance and Enforcement) Bill 2003. Executive officer liability attached to these offences under section 149 of that Bill. This sanction is reserved for systematic or persistent offending against the Bill and is the most sever sanction available under the law. It may be contravened through the person subject to the order and a person who ignores it in employing such a person. The management of employment relationships is by definition a managerial function and executive officers can reasonably be expected to be to control the relevant corporate conduct Annexure 1 -- 464 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 461 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability The past behaviour of a person subject to the order suggests that their continuing involvement in the industry is likely to lead to a continuation or repeat of behaviour which is likely to have had significant adverse safety or financial implications previously. The maximum penalty for an individual offender is $10000; the second highest penalty provided for under the Bill. Chapter 13 - General 699 Discrimination against or victimisation of employees 699(1), 699(2) 699(1), 699(2) This section implements section 181 of the Road Transport Reform (Compliance and Enforcement) Bill 2003. Executive officer liability attached to these offences under section 149 of that Bill. The offence may be made can only be committed by an employer, and that employer may be a natural person or body corporate. The termination of employment relationships is by definition a managerial function and Executive officers can reasonably be expected to be to control the relevant corporate conduct. Annexure 1 -- 465 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 462 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability The victimisation of employees operates to prejudice the proper enforcement of provisions of the Bill and in acting as a deterrent to the notification of noncompliance, seeks to facilitate evasion of regulatory obligations. The underlying offences in respect of which behaviour is protected extends from the minor, to the most critical of offences, under the Bill. The maximum penalty for an individual offender is $10000; the second highest penalty provided for under the Bill. 700 Order for damages or reinstatement 700(4) 700(4) This section implements section 181 of the Road Transport Reform (Compliance and Enforcement) Bill 2003. Executive officer liability attached to these offences under section 149 of that Bill. An order able to be made under this section relates to the payment of a financial penalty and or management of the employment relationship with the employee(s) concerned. Both matters are inherently managerial Annexure 1 -- 466 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 463 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability functions and executive officers can reasonably be expected to be to control the relevant corporate conduct. The maximum penalty for an individual offender is $10000; the second highest penalty provided for under the Bill. 702 False or misleading documents 702(1), 702(3) --- This section implements section 183 of the Road Transport Reform (Compliance and Enforcement) Bill 2003. Executive officer liability attached to these offences under section 149 of that Bill. The documents referred to throughout this section maybe produced by a range of parties and the offence is therefore not necessarily limited to the actions judgement and control of a given individual (driver or otherwise). Executive officers can reasonably be expected to be to control the relevant corporate conduct. The offences under this section require proof of sufficient knowledge of or recklessness of the falsity of the relevant documents so as to make it unreasonable to extend derivative liability on Annexure 1 -- 467 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 464 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability the basis of recklessness alone, to an executive officer. The offence may be committed in relation to all domains of regulation under the Bill and extension of derivative liability is justifiable on the same grounds as operating in contravention of the relevant authority The making of such representations distorts the market for transport services, prejudices the capacity of other duty holders to manage their own obligations and operates to conceal and promote noncompliance. The maximum penalty for an individual offender is $10000; the second highest penalty provided for under the Bill. 703 False or misleading information given by responsible person to another responsible person 703(1), 703(2) --- This section implements section 184 of the Road Transport Reform (Compliance and Enforcement) Bill 2003. Executive officer liability attached to these offences under section 149 of that Bill. The information referred to throughout this section is not limited to the making of oral statements and is therefore not Annexure 1 -- 468 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 465 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability limited to the actions and judgement of a given individual (driver or otherwise). Executive officers can reasonably be expected to be to control the relevant corporate conduct. The offences under this section require proof of sufficient knowledge of or recklessness of the falsity of the relevant information so as to make it unreasonable to extend derivative liability on the basis of recklessness alone, to an executive officer. The offence may be committed in relation to all domains of regulation under the Bill and extension of derivative liability is justifiable on the same grounds as operating in contravention of the relevant authority The making of such representations distorts the market for transport services, prejudices the capacity of other duty holders to manage their own obligations and operates to conceal and promote noncompliance. The penalties for offences under this section $10000 and $8000 mid to high range penalties under the law Annexure 1 -- 469 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 466 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability 704 Offence to falsely represent that heavy vehicle authority is held 704(1), 704(2), 704(3) --- The representations mentioned in 704(1) are not limited to oral statements. Similarly, the possession of the relevant documents is not limited to the actions and judgement of a given individual (driver or otherwise) and executive officers can therefore reasonably control the relevant corporate conduct. The offences under this section require proof of sufficient knowledge of the relevant facts (explicitly in the case of the offence under subsection 704(3)) so as to make it unreasonable to extend liability on the basis of recklessness alone, to an executive officer. The offence may be committed in relation to all domains of regulation under the Bill and extension of derivative liability is justifiable on the same grounds as operating in contravention of the relevant authority The making of such representations distorts the market for transport services and operates to conceal and arguably promote noncompliance. Annexure 1 -- 470 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 467 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability The maximum penalty for an individual offender is $10000; the second highest penalty provided for under the Bill. 728 Duty of confidentiality 728(1) 728(1) This section implements section 182 of the Road Transport Reform (Compliance and Enforcement) Bill 2003. Executive officer liability attached to these offences under section 149 of that Bill This offence primarily, if not exclusively, applies to regulatory functions under the law (the internal management of government agencies) and is not within the contemplation of the COAG principles. The maximum penalty for an individual offender is $20000; the highest penalty range provided for under the Bill however this penalty is not one to which regulated persons are exposed. 729 Protected information only to be used for authorised use 729(1), 729(3) 729(1), 729(3) This offence primarily, if not exclusively, applies to regulatory functions under the law (the internal management of government agencies) and is not within the contemplation of the COAG principles. Annexure 1 -- 471 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 468 Authorised by the Chief Parliamentary Counsel Section of this Law 636(1) 636(2) Basis for not exempting liability The maximum penalty for an individual offender is $20000; the highest penalty range provided for under the Bill however this penalty is not one to which regulated persons are exposed. Annexure 1 -- 472 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 469 Authorised by the Chief Parliamentary Counsel Heavy Vehicle National Law Chapter 1 Preliminary Part 1.1 Introductory matters 1 Short title .......................................................................... 507 2 Commencement ............................................................... 507 3 Object of Law ................................................................... 507 4 Regulatory framework to achieve object .......................... 508 Part 1.2 Interpretation 5 Definitions ........................................................................ 509 6 Meaning of heavy vehicle ................................................. 567 7 Meaning of fatigue-regulated heavy vehicle ..................... 568 8 Meaning of road and road-related area ............................ 569 9 Meaning of convicts and convicted of an offence ............. 571 10 Interpretation generally .................................................... 571 11 References to laws includes references to instruments made under laws .............................................................. 571 12 References to this Law as applied in a participating jurisdiction ........................................................................ 571 13 References to road........................................................... 572 14 References to mistake of fact defence ............................. 572 15 References to categories of heavy vehicles ..................... 572 Part 1.3 Application and operation of Law 16 Extraterritorial operation of Law ....................................... 573 17 Law binds the State.......................................................... 573 18 Relationship with primary work health and safety laws .... 573 Part 1.4 Performance based standards 19 Main purpose of this Part ................................................. 574 20 Notification to road authority of PBS design approval ...... 574 21 Notification by responsible Minister of non-application or restricted application of PBS design approval .............. 575 22 Application for PBS design approval ................................ 575 23 Application for PBS vehicle approval ............................... 576 24 Exemption from stated vehicle standards ........................ 577 25 Authorisation of different mass or dimension requirement ...................................................................... 577 26 National regulations ......................................................... 578 Annexure 2 -- 473 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 470 Authorised by the Chief Parliamentary Counsel Chapter 2 Registration Part 2.1 Preliminary 27 Main purpose of Ch 2 ....................................................... 579 Part 2.2 Registration scheme Division 1 Preliminary 28 Scheme for registration of heavy vehicles ........................ 580 29 Registration not evidence of title ...................................... 582 Division 2 Requirement for heavy vehicle to be registered 30 Registration requirement .................................................. 582 Division 3 Authorised use of unregistered heavy vehicle 31 Purpose of Div 3............................................................... 582 32 Unregistered heavy vehicle on journey for obtaining registration ....................................................................... 583 33 Unregistered heavy vehicle temporarily in Australia......... 584 34 Unregistered heavy vehicle used for short term only ....... 585 35 Unregistered heavy vehicle used locally only ................... 585 36 Unregistered heavy vehicle that is an agricultural vehicle .............................................................................. 586 37 Unregistered heavy vehicle being towed .......................... 587 38 Unregistered heavy vehicle to which exemption under Div 4 applies .................................................................... 587 39 Driver to carry proof of compliance with third party insurance legislation......................................................... 587 Division 4 Exemption from requirement to be registered Subdivision 1 Exemption by Regulator 40 Regulator’s power to exempt category of heavy vehicles from requirement to be registered .................................... 588 41 Restriction on grant of registration exemption .................. 588 42 Conditions of registration exemption ................................ 588 43 Period for which registration exemption applies ............... 589 44 Requirements about Commonwealth Gazette notice ....... 590 45 Amendment or cancellation of registration exemption...... 590 46 Immediate suspension ..................................................... 592 Subdivision 2 Exemption by national regulations 47 National regulations exempting heavy vehicles from requirement to be registered ............................................ 593 Annexure 2 -- 474 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 471 Authorised by the Chief Parliamentary Counsel Part 2.3 Vehicle register 48 Vehicle register ................................................................ 594 Part 2.4 Other provisions relating to registration 49 Ownership of registration items ........................................ 594 50 Obtaining registration or registration items by false statements etc. ................................................................. 595 51 Replacement and recovery of certain registration items .. 595 52 Verification of particular records ....................................... 596 Part 2.5 Written-off and wrecked heavy vehicles 53 Purpose of Pt 2.5 ............................................................. 597 54 Definitions for Pt 2.5 ......................................................... 597 55 Written-off and wrecked heavy vehicles register .............. 598 Part 2.6 Other provisions 56 Regulator may specify GCM in particular circumstances .................................................................. 599 57 Regulator may specify GVM in particular circumstances .................................................................. 600 Chapter 3 Vehicle operations—standards and safety Part 3.1 Preliminary 58 Main purpose of Ch 3 ....................................................... 601 Part 3.2 Compliance with heavy vehicle standards Division 1 Requirements 59 Heavy vehicle standards .................................................. 602 60 Compliance with heavy vehicle standards ....................... 602 Division 2 Exemptions by Commonwealth Gazette notice 61 Regulator’s power to exempt category of heavy vehicles from compliance with heavy vehicle standard .................. 605 62 Restriction on grant of vehicle standards exemption (notice) ............................................................................. 605 63 Conditions of vehicle standards exemption (notice) ......... 607 64 Period for which vehicle standards exemption (notice) applies .............................................................................. 607 65 Requirements about Commonwealth Gazette notice ....... 608 66 Amendment or cancellation of vehicle standards exemption (notice)............................................................ 608 67 Immediate suspension on Regulator’s initiative ............... 610 Annexure 2 -- 475 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 472 Authorised by the Chief Parliamentary Counsel Division 3 Exemptions by permit 68 Regulator’s power to exempt particular heavy vehicle from compliance with heavy vehicle standard .................. 611 69 Application for vehicle standards exemption (permit) ....... 612 70 Restriction on grant of vehicle standards exemption (permit) ............................................................................. 612 71 Conditions of vehicle standards exemption (permit)......... 613 72 Period for which vehicle standards exemption (permit) applies .............................................................................. 613 73 Permit for vehicle standards exemption (permit) etc. ....... 614 74 Refusal of application for vehicle standards exemption (permit) ............................................................................. 614 75 Amendment or cancellation of vehicle standards exemption (permit) on application by permit holder.......... 615 76 Amendment or cancellation of vehicle standards exemption (permit) on Regulator’s initiative ..................... 616 77 Immediate suspension on Regulator’s initiative ............... 618 78 Minor amendment of vehicle standards exemption (permit) ............................................................................. 618 79 Return of permit ............................................................... 619 80 Replacement of defaced etc. permit................................. 619 Division 4 Operating under vehicle standards exemption 81 Contravening condition of vehicle standards exemption ........................................................................ 620 82 Keeping relevant document while driving under vehicle standards exemption (notice) ........................................... 621 83 Keeping copy of permit while driving under vehicle standards exemption (permit) .......................................... 623 Part 3.3 Modifying heavy vehicles 84 Definition for Pt 3.3........................................................... 625 85 Modifying heavy vehicle requires approval ...................... 625 86 Approval of modifications by approved vehicle examiners ........................................................................ 626 87 Approval of modification by Regulator.............................. 627 88 National regulations for heavy vehicle modification.......... 628 Annexure 2 -- 476 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 473 Authorised by the Chief Parliamentary Counsel Part 3.4 Other offences 89 Safety requirement ........................................................... 628 90 Requirement about properly operating emission control system .............................................................................. 629 91 Person must not tamper with emission control system fitted to heavy vehicle....................................................... 630 92 Display of warning signs required by heavy vehicle standards on vehicles to which the requirement does not apply .......................................................................... 632 93 Person must not tamper with speed limiter fitted to heavy vehicle ................................................................... 632 Chapter 4 Vehicle operations—mass, dimension and loading Part 4.1 Preliminary 94 Main purposes of Ch 4 ..................................................... 634 Part 4.2 Mass requirements Division 1 Requirements 95 Prescribed mass requirements......................................... 636 96 Compliance with mass requirements ............................... 637 Division 2 Categories of breaches of mass requirements 97 Definitions for Div 2 .......................................................... 638 98 Minor risk breach.............................................................. 639 99 Substantial risk breach ..................................................... 639 100 Severe risk breach ........................................................... 639 Part 4.3 Dimension requirements Division 1 Requirements 101 Prescribed dimension requirements ................................. 640 102 Compliance with dimension requirements ........................ 641 Division 2 Categories of breaches of dimension requirements 103 Application of Div 2 .......................................................... 642 104 Definitions for Div 2 .......................................................... 642 105 Minor risk breach.............................................................. 644 106 Substantial risk breach ..................................................... 644 107 Severe risk breach ........................................................... 645 Division 3 Other provisions relating to load projections 108 Dangerous projections taken to be contravention of dimension requirement ..................................................... 646 109 Warning signals required for rear projection of loads ....... 647 Annexure 2 -- 477 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 474 Authorised by the Chief Parliamentary Counsel Part 4.4 Loading requirements Division 1 Requirements 110 National regulations may prescribe loading requirements .................................................................... 648 111 Compliance with loading requirements ............................ 648 Division 2 Categories of breaches of loading requirements 112 Minor risk breach.............................................................. 649 113 Substantial risk breach ..................................................... 649 114 Severe risk breach ........................................................... 650 Division 3 Evidentiary provision 115 Proof of contravention of loading requirement ................. 650 Part 4.5 Exemptions for particular overmass or oversize vehicles Division 1 Preliminary 116 Class 1 heavy vehicles and class 3 heavy vehicles ......... 651 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 ...................................................................... 653 118 Restriction on grant of mass or dimension exemption (notice) ............................................................................. 653 119 Conditions of mass or dimension exemption (notice) ....... 654 120 Period for which mass or dimension exemption (notice) applies .............................................................................. 656 121 Requirements about Commonwealth Gazette notice ....... 656 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 ...................................................................... 657 123 Application for mass or dimension exemption (permit)..... 658 124 Restriction on grant of mass or dimension exemption (permit) ............................................................................. 658 125 Conditions of mass or dimension exemption (permit) ...... 659 126 Period for which mass or dimension exemption (permit) applies .............................................................................. 660 127 Permit for mass or dimension exemption (permit) etc. ..... 660 128 Refusal of application for mass or dimension exemption (permit) ............................................................................. 661 Annexure 2 -- 478 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 475 Authorised by the Chief Parliamentary Counsel Division 4 Operating under mass or dimension exemption 129 Contravening condition of mass or dimension exemption generally ......................................................... 661 130 Contravening condition of mass or dimension exemption relating to pilot or escort vehicle ....................................... 663 131 Using pilot vehicle with a heavy vehicle that contravenes certain conditions of mass or dimension exemption ........................................................................ 664 132 Keeping relevant document while driving under mass or dimension exemption (notice) ...................................... 665 133 Keeping copy of permit while driving under mass or dimension exemption (permit) .......................................... 667 Division 5 Other provision 134 Displaying warning signs on vehicles if not required by dimension exemption ....................................................... 669 Part 4.6 Restricting access to roads by large vehicles that are not overmass or oversize vehicles Division 1 Preliminary 135 Main purpose of Pt 4.6 ..................................................... 670 136 Class 2 heavy vehicles ..................................................... 670 Division 2 Restriction 137 Using class 2 heavy vehicle ............................................. 671 Division 3 Authorisation by Commonwealth Gazette notice 138 Regulator’s power to authorise use of all or stated categories of class 2 heavy vehicles ................................ 671 139 Restriction on grant of class 2 heavy vehicle authorisation (notice) ........................................................ 672 140 Conditions of class 2 heavy vehicle authorisation (notice) ............................................................................. 672 141 Period for which class 2 heavy vehicle authorisation (notice) applies ................................................................. 673 142 Requirements about Commonwealth Gazette notice etc. ......................................................................... 673 Division 4 Authorisation by permit 143 Regulator’s power to authorise use of a particular class 2 heavy vehicle ....................................................... 675 144 Application for class 2 heavy vehicle authorisation (permit) ............................................................................. 675 145 Restriction on grant of class 2 heavy vehicle authorisation (permit) ....................................................... 676 Annexure 2 -- 479 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 476 Authorised by the Chief Parliamentary Counsel 146 Conditions of class 2 heavy vehicle authorisation (permit) ............................................................................. 676 147 Period for which class 2 heavy vehicle authorisation (permit) applies ................................................................ 677 148 Permit for class 2 heavy vehicle authorisation (permit) etc. ...................................................................... 677 149 Refusal of application for class 2 heavy vehicle authorisation (permit) ....................................................... 678 Division 5 Operating under class 2 heavy vehicle authorisation 150 Contravening condition of class 2 heavy vehicle authorisation .................................................................... 679 151 Keeping relevant document while driving under class 2 heavy vehicle authorisation (notice) ................................. 679 152 Keeping copy of permit while driving under class 2 heavy vehicle authorisation (permit) ................................. 681 153 Keeping copy of PBS vehicle approval while driving under class 2 heavy vehicle authorisation ........................ 683 Part 4.7 Particular provisions about mass or dimension authorities Division 1 Preliminary 154 Definitions for Pt 4.7 ......................................................... 684 Division 2 Obtaining consent of relevant road managers 155 Application of Div 2 .......................................................... 685 156 Deciding request for consent generally ............................ 686 157 Obtaining third party’s approval for giving consent for permit ............................................................................... 688 158 Action pending consultation with third party ..................... 688 159 Deciding request for consent if route assessment required ............................................................................ 690 160 Imposition of road conditions ........................................... 691 161 Imposition of travel conditions .......................................... 692 162 Imposition of vehicle conditions........................................ 693 163 Obtaining consent of road authority if particular road manager refuses to give consent ..................................... 693 164 Information notice for imposition of road conditions requested by road manager ............................................. 695 165 Information notice for imposition of travel conditions requested by road manager ............................................. 696 Annexure 2 -- 480 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 477 Authorised by the Chief Parliamentary Counsel 166 Information notice for decision to refuse application because road manager did not give consent ................... 696 167 Expedited procedure for road manager’s consent for renewal of mass or dimension authority ........................... 697 168 Operation of section 167 .................................................. 699 169 Granting limited consent for trial purposes ....................... 699 170 Renewal of limited consent for trial purposes ................... 699 171 Period for which mass or dimension authority applies where limited consent ...................................................... 700 172 Requirements for statement explaining adverse decision of road manager ............................................................... 700 Division 3 Amendment, cancellation or suspension of mass or dimension authority granted by Commonwealth Gazette notice 173 Amendment or cancellation on Regulator’s initiative ........ 701 174 Amendment or cancellation on request by relevant road manager ........................................................................... 704 175 Immediate suspension ..................................................... 706 Division 4 Amendment, cancellation or suspension of mass or dimension authority granted by permit 176 Amendment or cancellation on application by permit holder ............................................................................... 707 177 Amendment or cancellation on Regulator’s initiative ........ 709 178 Amendment or cancellation on request by relevant road manager ........................................................................... 711 179 Immediate suspension ..................................................... 713 180 Minor amendment of permit for a mass or dimension authority ........................................................................... 714 Division 5 Provisions about permits for mass or dimension authorities 181 Return of permit ............................................................... 714 182 Replacement of defaced etc. permit................................. 715 Part 4.8 Extended liability 183 Liability of employer etc. for contravention of mass, dimension or loading requirement ................................... 715 Part 4.9 Other offences Division 1 Towing restriction 184 Towing restriction ............................................................. 717 Annexure 2 -- 481 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 478 Authorised by the Chief Parliamentary Counsel Division 2 Coupling requirements 185 Requirements about coupling trailers ............................... 717 Division 3 Transport documentation 186 False or misleading transport documentation for goods... 718 187 False or misleading information in container weight declaration ....................................................................... 720 Division 4 Other offences about container weight declarations 188 Application of Div 4 .......................................................... 721 189 Meaning of complying container weight declaration ......... 721 190 Duty of responsible entity ................................................. 722 191 Duty of operator ............................................................... 723 192 Duty of driver .................................................................... 724 Division 5 Other offences 193 Weight of freight container exceeding weight stated on container or safety approval plate .................................... 725 194 Conduct of consignee resulting or potentially resulting in contravention of mass, dimension or loading requirement ...................................................................... 726 Part 4.10 Other provisions 195 Conflicting mass requirements ......................................... 727 196 Conflicting dimension requirements ................................. 727 197 Exemption from compliance with particular requirements in emergency.................................................................... 727 198 Recovery of losses arising from non-provision of container weight declaration ............................................ 729 199 Recovery of losses for provision of inaccurate container weight declaration ............................................................ 730 200 Recovery by responsible entity of amount paid under s 199 ................................................................................ 732 201 Assessment of monetary value or attributable amount .... 732 Chapter 5 Vehicle operations—speeding Part 5.1 Preliminary 202 Main purpose of Ch 5 ....................................................... 733 203 Outline of the main features of Ch 5................................. 733 Annexure 2 -- 482 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 479 Authorised by the Chief Parliamentary Counsel Part 5.2 Particular duties and offences Division 1 Employers, prime contractors and operators 204 Duty of employer, prime contractor or operator to ensure business practices will not cause driver to exceed speed limit................................................................................... 734 205 Duty of employer not to cause driver to drive if particular requirements not complied with........................................ 736 206 Duty of prime contractor or operator not to cause driver to drive if particular requirements not complied with ........ 736 Division 2 Schedulers 207 Duty to ensure driver’s schedule will not cause driver to exceed speed limit ........................................................... 737 208 Duty not to cause driver to drive if particular requirements not complied with........................................ 738 Division 3 Loading managers 209 Duty to ensure loading arrangements will not cause driver to exceed speed limit ............................................. 739 Division 4 Particular consignors and consignees 210 Consignors to whom Div 4 applies ................................... 740 211 Consignees to whom Div 4 applies .................................. 740 212 Duty to ensure terms of consignment will not cause driver to exceed speed limit etc. ....................................... 740 213 Duty not to make a demand that may result in driver exceeding the speed limit ................................................. 742 Division 5 Particular requests etc. and contracts etc. prohibited 214 Who is a party in the chain of responsibility ..................... 742 215 Particular requests etc. prohibited .................................... 743 216 Particular contracts etc. prohibited ................................... 744 Division 6 Provisions about offences against this Part 217 Objective reasonableness test to be used in deciding causation .......................................................................... 744 218 Commission of speeding offence is irrelevant to Pt 5.2 prosecution ...................................................................... 745 Part 5.3 Extended liability 219 Liability of employer etc. for speeding offence ................. 746 Annexure 2 -- 483 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 480 Authorised by the Chief Parliamentary Counsel Chapter 6 Vehicle operations—driver fatigue Part 6.1 Preliminary 220 Main purpose of Ch 6 ....................................................... 748 221 Definitions for Ch 6........................................................... 749 222 Categories of breaches .................................................... 757 Part 6.2 Duties relating to fatigue Division 1 Preliminary 223 What is fatigue ................................................................. 758 224 Matters court may consider in deciding whether person was fatigued ..................................................................... 759 225 What is impaired by fatigue .............................................. 759 226 Matters court may consider in deciding whether person was impaired by fatigue ................................................... 759 227 Who is a party in the chain of responsibility ..................... 760 Division 2 Duty to avoid and prevent fatigue 228 Duty of driver to avoid driving while fatigued .................... 761 229 Duty of party in the chain of responsibility to prevent driver driving while fatigued .............................................. 762 Division 3 Additional duties of employers, prime contractors and operators 230 Duty of employer, prime contractor or operator to ensure business practices will not cause driver to drive while fatigued etc. ..................................................................... 763 231 Duty of employer not to cause driver to drive if particular requirements not complied with........................................ 765 232 Duty of prime contractor or operator not to cause driver to drive if particular requirements not complied with ........ 765 Division 4 Additional duties of schedulers 233 Duty to ensure driver’s schedule will not cause driver to drive while fatigued etc. .................................................... 766 234 Duty not to cause driver to drive if particular requirements not complied with........................................ 766 Division 5 Additional duties of consignors and consignees 235 Duty to ensure terms of consignment will not cause driver to drive while fatigued etc. ...................................... 767 236 Duty not to cause driver to drive if particular requirements not complied with........................................ 769 237 Duty not to make a demand that may result in driver driving while fatigued etc. ................................................. 770 Annexure 2 -- 484 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 481 Authorised by the Chief Parliamentary Counsel Division 6 Additional duties of loading managers 238 Duty to ensure loading arrangements will not cause driver to drive while fatigued etc. ...................................... 770 239 Duty to ensure drivers can rest in particular circumstances .................................................................. 771 Division 7 Particular requests etc. and contracts etc. prohibited 240 Particular requests etc. prohibited .................................... 773 241 Particular contracts etc. prohibited ................................... 773 Division 8 Provisions about offences against this Part 242 Objective reasonableness test to be used in deciding causation .......................................................................... 775 Part 6.3 Requirements relating to work time and rest time Division 1 Preliminary 243 What is a driver’s work and rest hours option .................. 776 244 Counting time spent in participating jurisdictions.............. 777 245 Counting time spent outside participating jurisdictions ..... 777 246 Counting periods of less than 15 minutes ........................ 778 247 Time to be counted after rest time ends ........................... 779 248 Time to be counted by reference to time zone of driver’s base ................................................................................. 780 Division 2 Standard work and rest arrangements 249 Standard hours................................................................. 781 250 Operating under standard hours—solo drivers ................ 781 251 Operating under standard hours—two-up drivers ............ 782 252 Defence relating to short rest breaks for drivers operating under standard hours ....................................... 783 Division 3 BFM work and rest arrangements 253 BFM hours ....................................................................... 784 254 Operating under BFM hours—solo drivers ....................... 784 255 Defence for solo drivers operating under BFM hours relating to split rest breaks ............................................... 785 256 Operating under BFM hours—two-up drivers ................... 786 Division 4 AFM work and rest arrangements 257 AFM hours ....................................................................... 787 258 Operating under AFM hours ............................................. 787 Annexure 2 -- 485 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 482 Authorised by the Chief Parliamentary Counsel Division 5 Arrangements under work and rest hours exemption 259 Exemption hours .............................................................. 788 260 Operating under exemption hours .................................... 788 Division 6 Extended liability 261 Liability of employer etc. for driver’s contravention of maximum work requirement or minimum rest requirement ...................................................................... 789 Division 7 Changing work and rest hours option 262 Changing work and rest hours option............................... 791 263 Operating under new work and rest hours option after change ............................................................................. 791 264 Duty of employer, prime contractor, operator and scheduler to ensure driver compliance............................. 793 Division 8 Exemptions relating to work times and rest times Subdivision 1 Exemption for emergency services 265 Emergency services exemption ....................................... 794 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 ............................................................. 796 267 Restriction on grant of work and rest hours exemption (notice) ............................................................................. 796 268 Conditions of work and rest hours exemption (notice) ..... 798 269 Period for which work and rest hours exemption (notice) applies .............................................................................. 798 270 Requirements about Commonwealth Gazette notice ....... 799 271 Amendment or cancellation of work and rest hours exemption (notice)............................................................ 799 272 Immediate suspension ..................................................... 801 Subdivision 3 Exemptions by permit 273 Regulator’s power to exempt drivers from particular maximum work requirements and minimum rest requirements .................................................................... 803 274 Application for work and rest hours exemption (permit) ... 803 275 Restriction on grant of work and rest hours exemption (permit) ............................................................................. 805 276 Conditions of work and rest hours exemption (permit) ..... 806 Annexure 2 -- 486 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 483 Authorised by the Chief Parliamentary Counsel 277 Period for which work and rest hours exemption (permit) applies .............................................................................. 806 278 Permit for work and rest hours exemption (permit) etc..... 807 279 Refusal of application for work and rest hours exemption (permit) ............................................................................. 808 280 Amendment or cancellation of work and rest hours exemption (permit) on application by permit holder.......... 808 281 Amendment or cancellation of work and rest hours exemption (permit) on Regulator’s initiative ..................... 809 282 Immediate suspension of work and rest hours exemption (permit) ............................................................................. 811 283 Minor amendment of work and rest hours exemption (permit) ............................................................................. 812 284 Return of permit ............................................................... 812 285 Replacement of defaced etc. permit................................. 813 Subdivision 4 Offences relating to operating under work and rest hours exemption etc. 286 Contravening condition of work and rest hours exemption ........................................................................ 813 287 Keeping relevant document while operating under work and rest hours exemption (notice) .................................... 814 288 Keeping copy of permit while driving under work and rest hours exemption (permit) ................................................. 815 Part 6.4 Requirements about record keeping Division 1 Preliminary 289 What is 100km work and 100+km work............................ 817 290 What is a driver’s record location ..................................... 818 Division 2 Work diary requirements Subdivision 1 Requirement to carry work diary 291 Application of Sdiv 1......................................................... 818 292 Meaning of work diary for Sdiv 1 ...................................... 819 293 Driver of fatigue-regulated heavy vehicle must carry work diary ......................................................................... 820 Subdivision 2 Information required to be included in work diary 294 Purpose of and definition for Sdiv 2 ................................. 822 295 National regulations for information to be included in work diary ......................................................................... 822 296 Recording information under the national regulations— general ............................................................................. 823 Annexure 2 -- 487 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 484 Authorised by the Chief Parliamentary Counsel 297 Information required to be recorded immediately after starting work ..................................................................... 823 298 Failing to record information about odometer reading ...... 824 299 Two-up driver to provide details ....................................... 825 Subdivision 3 How information must be recorded in work diary 300 Purpose of Sdiv 3 ............................................................. 825 301 Recording information in written work diary ..................... 825 302 Recording information in electronic work diary ................. 826 303 Time zone of driver’s base must be used ......................... 827 Subdivision 4 Requirements about work diaries that are filled up etc. 304 Application of Sdiv 4......................................................... 827 305 Driver must make supplementary records in particular circumstances .................................................................. 828 306 Driver must notify Regulator if written work diary filled up etc. .............................................................................. 831 307 Driver must notify Regulator if electronic work diary filled up etc. .............................................................................. 831 308 What driver must do if lost or stolen written work diary found or returned.............................................................. 831 309 Driver must notify record keeper if electronic work diary filled up etc. ...................................................................... 832 310 Intelligent access reporting entity must notify record keeper if approved electronic recording system malfunctioning .................................................................. 833 311 What record keeper must do if electronic work diary filled up ............................................................................. 834 312 What record keeper must do if electronic work diary destroyed, lost or stolen ................................................... 835 313 What record keeper must do if electronic work diary not in working order or malfunctioning ................................... 836 Subdivision 5 Use of electronic work diaries 314 How electronic work diary must be used .......................... 838 Subdivision 6 Extended liability 315 Liability of employer etc. for driver’s contravention of particular requirements of this Division ............................ 840 Division 3 Records relating to drivers Subdivision 1 Preliminary 316 Application of Div 3 .......................................................... 841 317 Who is a driver’s record keeper........................................ 842 Annexure 2 -- 488 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 485 Authorised by the Chief Parliamentary Counsel Subdivision 2 Record keeping obligations relating to drivers undertaking 100km work under standard hours 318 Application of Sdiv 2......................................................... 843 319 Records record keeper must have ................................... 843 Subdivision 3 Record keeping obligations relating to drivers undertaking 100+km work under standard hours or operating under BFM hours, AFM hours or exemption hours 320 Application of Sdiv 3......................................................... 845 321 Records record keeper must have ................................... 845 322 General requirements about driver giving information to record keeper ................................................................... 848 323 Requirements about driver giving information to record keeper if driver changes record keeper ............................ 849 324 Record keeper must give printouts of information from electronic work diary ........................................................ 850 Division 4 Provisions about false representations relating to work records 325 False or misleading entries .............................................. 851 326 Keeping 2 work diaries simultaneously prohibited............ 852 327 Possession of purported work records etc. prohibited...... 853 328 False representation about work records prohibited ........ 853 Division 5 Interfering with work records Subdivision 1 Work records generally 329 Defacing or changing work records etc. prohibited .......... 853 330 Making entries in someone else’s work records prohibited ......................................................................... 854 331 Destruction of particular work records prohibited ............. 855 332 Offence to remove pages from written work diary ............ 855 Subdivision 2 Approved electronic recording systems 333 Application of Sdiv 2......................................................... 855 334 Meaning of tamper ........................................................... 855 335 Person must not tamper with approved electronic recording system .............................................................. 856 336 Person using approved electronic recording system must not permit tampering with it .............................................. 857 337 Intelligent access reporting entity must not permit tampering with approved electronic recording system ..... 858 Annexure 2 -- 489 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 486 Authorised by the Chief Parliamentary Counsel Division 6 Obtaining written work diary 338 Form of written work diary ................................................ 858 339 Application for written work diary...................................... 859 340 Issue of written work diary ................................................ 860 Division 6A Requirements about records record keeper must make or keep 341 Period for which, and way in which, records must be kept .................................................................................. 861 Division 7 Approval of electronic recording systems Subdivision 1 Approval of electronic recording systems 342 Application for approval of electronic recording system ... 863 343 Deciding application for approval ..................................... 864 344 Steps after decision to grant approval .............................. 866 345 Steps after decision to refuse application ......................... 867 346 Effect of approval ............................................................. 867 Subdivision 2 Provisions about electronic work diary labels 347 Placing electronic work diary label on device ................... 867 348 Particular label indicates device is an approved electronic recording system ............................................. 868 349 Effect of electronic work diary label on device ................. 868 350 Prohibition on using device as electronic work diary if it is not, and is not a part of, an approved electronic recording system .............................................................. 869 Subdivision 3 Amendment or cancellation of approval 351 Amendment or cancellation of approval on application .... 870 352 Amendment or cancellation of approval on Regulator’s initiative ............................................................................ 871 353 Minor amendment of approval.......................................... 873 354 Requirements if approval amended ................................. 873 355 Requirements if approval cancelled ................................. 875 Division 8 Exemptions from work diary requirements of Division 2 Subdivision 1 Exemption for emergency services 356 Emergency services exemption ....................................... 878 Subdivision 2 Exemptions by Commonwealth Gazette notice 357 Regulator’s power to exempt particular drivers from work diary requirements ........................................................... 879 358 Restriction on grant of work diary exemption (notice) ...... 880 Annexure 2 -- 490 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 487 Authorised by the Chief Parliamentary Counsel 359 Conditions of work diary exemption (notice) .................... 880 360 Period for which work diary exemption (notice) applies ... 881 361 Requirements about Commonwealth Gazette notice ....... 881 362 Amendment or cancellation of work diary exemption (notice) ............................................................................. 881 Subdivision 3 Exemptions by permit 363 Regulator’s power to exempt driver of fatigue-regulated heavy vehicle from work diary requirement ...................... 884 364 Application for work diary exemption (permit) .................. 884 365 Restriction on grant of work diary exemption (permit) ...... 885 366 Conditions of work diary exemption (permit) .................... 886 367 Period for which work diary exemption (permit) applies .............................................................................. 886 368 Permit for work diary exemption (permit) etc. ................... 886 369 Refusal of application for work diary exemption (permit) ............................................................................. 887 370 Amendment or cancellation of work diary exemption (permit) on application by permit holder ........................... 887 371 Amendment or cancellation of work diary exemption (permit) on Regulator’s initiative ....................................... 889 372 Minor amendment of work diary exemption (permit) ........ 891 373 Return of permit ............................................................... 891 374 Replacement of defaced etc. permit................................. 892 Subdivision 4 Operating under work diary exemption 375 Contravening condition of work diary exemption .............. 892 376 Keeping relevant document while operating under work diary exemption (notice) ................................................... 892 377 Keeping permit or copy while operating under work diary exemption (permit) .................................................. 894 Division 8A Exemptions from fatigue record keeping requirements of Division 3 Subdivision 1 Exemptions by Commonwealth Gazette notice 378 Regulator’s power to exempt record keepers from fatigue record keeping requirements ................................ 895 379 Conditions of fatigue record keeping exemption (notice) ............................................................................. 895 380 Period for which fatigue record keeping exemption (notice) applies ................................................................. 896 Annexure 2 -- 491 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 488 Authorised by the Chief Parliamentary Counsel 381 Requirements about Commonwealth Gazette notice ....... 896 382 Amendment or cancellation of fatigue record keeping exemption (notice)............................................................ 897 Subdivision 2 Exemptions by permit 383 Regulator’s power to exempt record keepers from fatigue record keeping requirements ................................ 899 384 Application for fatigue record keeping exemption (permit) ............................................................................. 900 385 Conditions of fatigue record keeping exemption (permit) ............................................................................. 901 386 Period for which fatigue record keeping exemption (permit) applies ................................................................ 902 387 Permit for fatigue record keeping exemption (permit) etc. ...................................................................... 902 388 Refusal of application for fatigue record keeping exemption (permit) ........................................................... 902 389 Amendment or cancellation of fatigue record keeping exemption (permit) on application by permit holder.......... 903 390 Amendment or cancellation of fatigue record keeping exemption (permit) on Regulator’s initiative ..................... 904 391 Minor amendment of fatigue record keeping exemption (permit) ............................................................................. 906 392 Return of permit ............................................................... 906 393 Replacement of defaced etc. permit................................. 907 Subdivision 3 Exemptions by national regulations 394 Exemptions from provisions of Division 3 ......................... 907 Subdivision 4 Other provisions 395 Contravening condition of fatigue record keeping exemption ........................................................................ 908 Division 9 Requirements about odometers 396 Owner must maintain odometer ....................................... 908 397 Driver must report malfunctioning odometer .................... 908 398 What owner must do if odometer malfunctioning ............. 909 399 What employer or operator must do if odometer malfunctioning .................................................................. 910 Chapter 7 Intelligent Access Program Part 7.1 Preliminary 400 Main purposes of Ch 7 ..................................................... 910 401 What the Intelligent Access Program is............................ 912 Annexure 2 -- 492 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 489 Authorised by the Chief Parliamentary Counsel 402 Application of Ch 7 ........................................................... 912 403 Definitions for Ch 7........................................................... 913 Part 7.2 Duties and obligations of operators of intelligent access vehicles 404 Offence to give false or misleading information to intelligent access service provider.................................... 917 405 Advising vehicle driver of collection of information by intelligent access service provider.................................... 919 406 Reporting system malfunctions to Regulator .................... 920 407 Advising driver of driver’s obligations about reporting system malfunctions......................................................... 921 Part 7.3 Obligations of drivers of intelligent access vehicles 408 Reporting system malfunctions to operator ...................... 922 Part 7.4 Powers, duties and obligations of intelligent access service providers 409 Powers to collect and hold intelligent access information ....................................................................... 923 410 Collecting intelligent access information .......................... 924 411 Keeping records of intelligent access information collected .......................................................................... 924 412 Protecting intelligent access information .......................... 924 413 Making individuals aware of personal information held .... 925 414 Giving individuals access to their personal information .... 926 415 Correcting errors etc. ....................................................... 926 416 General restriction on use and disclosure of intelligent access information ........................................................... 927 417 Giving intelligent access auditor access to records .......... 927 418 Powers to use and disclose intelligent access information ....................................................................... 928 419 Keeping record of use or disclosure of intelligent access information ....................................................................... 929 420 Keeping noncompliance report etc. .................................. 931 421 Destroying intelligent access information etc. .................. 931 422 Reporting relevant contraventions to Regulator ............... 932 423 Reporting tampering or suspected tampering with approved intelligent transport system............................... 932 424 Restriction on disclosing information about tampering or suspected tampering with approved intelligent transport system .............................................................................. 933 Annexure 2 -- 493 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 490 Authorised by the Chief Parliamentary Counsel Part 7.5 Functions, powers, duties and obligations of TCA 425 Functions of TCA ............................................................. 935 426 Powers to collect and hold intelligent access information ....................................................................... 935 427 Collecting intelligent access information .......................... 936 428 Protecting intelligent access information collected ........... 936 429 Making individuals aware of personal information held .... 936 430 Giving individuals access to their personal information .... 937 431 Correcting errors etc. ....................................................... 938 432 General restriction on use and disclosure of intelligent access information ........................................................... 938 433 Powers to use and disclose intelligent access information ....................................................................... 939 434 Restriction about intelligent access information that may be used or disclosed ........................................................ 940 435 Keeping record of use or disclosure of intelligent access information ....................................................................... 940 436 Keeping noncompliance reports ....................................... 941 437 Destroying intelligent access information or removing personal information from it .............................................. 941 438 Reporting tampering or suspected tampering with, or malfunction or suspected malfunction of, approved intelligent transport system to Regulator .......................... 942 439 Restriction on disclosing information about tampering or suspected tampering with approved intelligent transport system .............................................................................. 942 Part 7.6 Powers, duties and obligations of intelligent access auditors 440 Powers to collect and hold intelligent access information ....................................................................... 944 441 Collecting intelligent access information .......................... 944 442 Protecting intelligent access information collected ........... 944 443 Making individuals aware of personal information held .... 945 444 Giving individuals access to their personal information .... 945 445 Correcting errors etc. ....................................................... 946 446 General restriction on use and disclosure of intelligent access information ........................................................... 946 447 Powers to use and disclose intelligent access information ....................................................................... 947 Annexure 2 -- 494 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 491 Authorised by the Chief Parliamentary Counsel 448 Restriction about intelligent access information that may be used or disclosed ........................................................ 948 449 Keeping record of use or disclosure of intelligent access information ....................................................................... 948 450 Destroying intelligent access information or removing personal information from it .............................................. 949 451 Reporting contraventions by intelligent access service providers to TCA .............................................................. 950 452 Reporting tampering or suspected tampering with approved intelligent transport system to Regulator or TCA.............................................................................. 950 453 Restriction on disclosing information about tampering or suspected tampering with approved intelligent transport system .............................................................................. 950 Part 7.7 Other provisions 454 Offence to tamper with approved intelligent transport system .............................................................................. 951 455 Regulator may issue intelligent access identifiers ............ 952 Chapter 8 Accreditation Part 8.1 Preliminary 456 Purpose of Ch 8 ............................................................... 953 457 Definitions for Ch 8........................................................... 953 Part 8.2 Grant of heavy vehicle accreditation 458 Regulator’s power to grant heavy vehicle accreditation ... 958 459 Application for heavy vehicle accreditation ...................... 959 460 Obtaining criminal history information about applicant ..... 960 461 Restriction on grant of heavy vehicle accreditation .......... 961 462 Conditions of heavy vehicle accreditation ........................ 964 463 Period for which heavy vehicle accreditation applies ....... 964 464 Accreditation certificate for heavy vehicle accreditation etc. .............................................................. 964 465 Refusal of application for heavy vehicle accreditation ...... 966 466 Accreditation labels for maintenance management accreditation and mass management accreditation ......... 966 Part 8.3 Operating under heavy vehicle accreditation 467 Compliance with conditions of BFM accreditation or AFM accreditation ............................................................ 967 468 Driver must carry accreditation details ............................. 967 Annexure 2 -- 495 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 492 Authorised by the Chief Parliamentary Counsel 469 Driver must return particular documents if stops operating under accreditation etc. .................................... 969 470 General requirements applying to operator with heavy vehicle accreditation......................................................... 969 471 Operator must give notice of amendment, suspension or ending of heavy vehicle accreditation .......................... 972 Part 8.4 Amendment or cancellation of heavy vehicle accreditation 472 Amendment or cancellation of heavy vehicle accreditation on application .............................................. 973 473 Amendment, suspension or cancellation of heavy vehicle accreditation on Regulator’s initiative ................... 974 474 Immediate suspension of heavy vehicle accreditation ..... 977 475 Minor amendment of heavy vehicle accreditation ............ 977 Part 8.5 Other provisions about heavy vehicle accreditations 476 Return of accreditation certificate ..................................... 978 477 Replacement of defaced etc. accreditation certificate ...... 978 478 Offences relating to auditors ............................................ 979 Chapter 9 Enforcement Part 9.1 General matters about authorised officers Division 1 Functions 479 Functions of authorised officers ....................................... 980 Division 2 Appointment 480 Application of Div 2 .......................................................... 980 481 Appointment and qualifications ........................................ 980 482 Appointment conditions and limit on powers .................... 981 483 When office ends ............................................................. 981 484 Resignation ...................................................................... 982 Division 3 Identity cards 485 Application of Div 3 .......................................................... 982 486 Issue of identity card ........................................................ 982 487 Production or display of identity card ............................... 983 488 Return of identity card ...................................................... 983 Division 4 Miscellaneous provisions 489 References to exercise of powers .................................... 984 490 Reference to document includes reference to reproduction from electronic document ............................ 984 Annexure 2 -- 496 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 493 Authorised by the Chief Parliamentary Counsel 491 Use of force against persons ........................................... 984 492 Use of force against property ........................................... 985 493 Exercise of functions in relation to light vehicles .............. 986 Part 9.2 Powers in relation to places Division 1 Preliminary 494 Definitions for Pt 9.2 ......................................................... 986 Division 2 Entry of relevant places for monitoring purposes 495 Power to enter relevant place .......................................... 987 496 General powers after entering relevant place .................. 988 Division 3 Entry of places for investigation purposes 497 General power to enter places ......................................... 991 498 Power to enter a place if evidence suspected to be at the place .......................................................................... 992 499 Power to enter particular places if incident involving death, injury or damage ................................................... 993 500 General powers after entering a place ............................. 995 Division 4 Procedure for entry by consent 501 Application of Div 4 .......................................................... 999 502 Incidental entry to ask for access ..................................... 999 503 Matters authorised officer must tell occupier .................... 1000 504 Consent acknowledgement .............................................. 1000 505 Procedure for entry with consent...................................... 1002 Division 5 Entry under warrant 506 Application for warrant ..................................................... 1003 507 Issue of warrant................................................................ 1003 508 Application by electronic communication and duplicate warrant ............................................................................. 1004 509 Defect in relation to a warrant .......................................... 1006 510 Procedure for entry under warrant ................................... 1007 Part 9.3 Powers in relation to heavy vehicles Division 1 Preliminary 511 Application of Pt 9.3 ......................................................... 1008 512 Persons who are drivers for this Part ............................... 1008 Annexure 2 -- 497 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 494 Authorised by the Chief Parliamentary Counsel Division 2 Stopping, not moving or not interfering with heavy vehicle etc. 513 Direction to stop heavy vehicle to enable exercise of other powers .................................................................... 1008 514 Direction not to move or interfere with heavy vehicle etc. to enable exercise of other powers............................ 1010 Division 3 Moving heavy vehicle 515 Definition for Div 3 ............................................................ 1010 516 Direction to move heavy vehicle to enable exercise of other powers .................................................................... 1011 517 Direction to move heavy vehicle if causing harm etc........ 1012 518 Moving unattended heavy vehicle on road to exercise another power .................................................................. 1013 519 Moving unattended heavy vehicle on road if causing harm etc. .......................................................................... 1015 Division 4 Inspecting and searching heavy vehicles 520 Power to enter and inspect heavy vehicles for monitoring purposes......................................................... 1016 521 Power to enter and search heavy vehicle involved, or suspected to be involved, in an offence etc. .................... 1018 522 Power to order presentation of heavy vehicles for inspection ......................................................................... 1021 Division 5 Other powers in relation to all heavy vehicles 523 Starting or stopping heavy vehicle engine ........................ 1023 524 Direction to leave heavy vehicle ....................................... 1024 Division 6 Further powers in relation to heavy vehicles concerning heavy vehicle standards 525 Definitions for Div 6 .......................................................... 1025 526 Issue of vehicle defect notice ........................................... 1027 527 Requirements about vehicle defect notice ....................... 1029 528 Defective vehicle labels .................................................... 1030 529 Using defective heavy vehicles contrary to vehicle defect notice ..................................................................... 1031 530 Clearance of vehicle defect notices.................................. 1031 531 Amendment or withdrawal of vehicle defect notices......... 1031 Annexure 2 -- 498 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 495 Authorised by the Chief Parliamentary Counsel Division 7 Further powers in relation to heavy vehicles concerning mass, dimension or loading requirements 532 Application of Div 7 .......................................................... 1032 533 Powers for minor risk breach of mass, dimension or loading requirement ......................................................... 1033 534 Powers for substantial risk breach of mass, dimension or loading requirement ..................................................... 1035 535 Powers for severe risk breach of mass, dimension or loading requirement ......................................................... 1036 536 Operation of direction in relation to a combination ........... 1038 Division 8 Further powers in relation to fatigue-regulated heavy vehicles 537 Application of Div 8 .......................................................... 1038 538 Requiring driver to rest for contravention of maximum work requirement ............................................................. 1039 539 Requiring driver to rest for contravention of minimum rest requirement ............................................................... 1040 540 Requiring driver to stop working if impaired by fatigue ..... 1041 541 Requiring driver to stop working if work diary not produced or unreliable ..................................................... 1043 542 Compliance with requirement under this Division............. 1044 Part 9.4 Other powers Division 1 Powers relating to equipment 543 Power to use equipment to access information ................ 1044 544 Power to use equipment to examine or process a thing... 1045 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 ............................................... 1046 546 Seizing evidence at a place that may be entered only with consent or warrant .................................................... 1047 547 Seizing evidence in a heavy vehicle entered under s 521 ................................................................................ 1048 548 Additional seizure power relating to information stored electronically .................................................................... 1048 549 Seizing thing or sample taken for examination under s 500 ................................................................................ 1049 550 Seizure of property subject to security ............................. 1049 Annexure 2 -- 499 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 496 Authorised by the Chief Parliamentary Counsel 551 Seizure of number plates ................................................. 1049 552 Restriction on power to seize certain things ..................... 1051 Subdivision 2 Powers to support seizure 553 Requirement of person in control of thing to be seized .... 1051 Subdivision 3 Safeguards for seized things or samples 554 Receipt for seized thing or sample ................................... 1052 555 Access to seized thing ..................................................... 1053 556 Return of seized things or samples .................................. 1054 Subdivision 4 Embargo notices 557 Power to issue embargo notice ........................................ 1056 558 Noncompliance with embargo notice ............................... 1057 559 Power to secure embargoed thing ................................... 1058 560 Withdrawal of embargo notice .......................................... 1059 Division 3 Forfeiture and transfers 561 Power to forfeit particular things or samples .................... 1060 562 Information notice for forfeiture decision .......................... 1061 563 Forfeited or transferred thing or sample becomes property of the Regulator ................................................. 1062 564 How property may be dealt with ....................................... 1063 565 Third party protection ....................................................... 1063 566 National regulations ......................................................... 1065 Division 4 Information-gathering powers 567 Power to require name, address and date of birth ........... 1066 568 Power to require production of document etc. required to be in driver’s possession .............................................. 1068 569 Power to require production of documents etc. generally .......................................................................... 1071 570 Power to require information about heavy vehicles .......... 1074 Division 5 Improvement notices 571 Authorised officers to whom Division applies ................... 1076 572 Improvement notices ........................................................ 1076 573 Contravention of improvement notice............................... 1077 574 Amendment of improvement notice.................................. 1078 575 Revocation of an improvement notice .............................. 1079 576 Clearance certificate ........................................................ 1079 Annexure 2 -- 500 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 497 Authorised by the Chief Parliamentary Counsel Division 6 Power to require reasonable help 577 Power to require reasonable help .................................... 1080 Part 9.5 Provisions about exercise of powers Division 1 Damage in exercising powers 578 Duty to minimise inconvenience or damage ..................... 1083 579 Restoring damaged thing ................................................. 1083 580 Notice of damage ............................................................. 1084 Division 2 Compensation 581 Compensation because of exercise of powers ................. 1085 Division 3 Provision about exercise of particular powers 582 Duty to record particular information in driver’s work diary ................................................................................. 1086 Part 9.6 Miscellaneous provisions Division 1 Powers of Regulator 583 Regulator may exercise powers of authorised officers ..... 1087 Division 2 Other offences relating to authorised officers 584 Obstructing authorised officer .......................................... 1088 585 Impersonating authorised officer ...................................... 1088 Division 3 Other provisions 586 Multiple requirements ....................................................... 1088 587 Compliance with particular requirements ......................... 1089 588 Evidential immunity for individuals complying with particular requirements .................................................... 1089 589 Effect of withdrawal of consent to enter under this Chapter ............................................................................ 1090 Chapter 10 Sanctions and provisions about liability for offences Part 10.1 Formal warnings 590 Formal warning ................................................................ 1090 Part 10.2 Infringement notices 591 Infringement notices ......................................................... 1092 592 Recording information about infringement penalties ........ 1092 Annexure 2 -- 501 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 498 Authorised by the Chief Parliamentary Counsel Part 10.3 Court sanctions Division 1 General provisions 593 Penalties court may impose ............................................. 1093 594 Matters court must consider when imposing sanction for noncompliance with mass, dimension or loading requirement ...................................................................... 1094 595 Court may treat noncompliance with mass, dimension or loading requirement as a different risk category .......... 1096 Division 2 Provisions about imposing fines 596 Body corporate fines under penalty provision .................. 1096 Division 3 Commercial benefits penalty orders 597 Commercial benefits penalty order................................... 1097 Division 4 Cancelling or suspending registration 598 Power to cancel or suspend vehicle registration .............. 1098 Division 5 Supervisory intervention orders 599 Application of Div 5 .......................................................... 1099 600 Court may make supervisory intervention order ............... 1099 601 Limitation on making supervisory intervention order ........ 1101 602 Supervisory intervention order may suspend other sanctions .......................................................................... 1102 603 Amendment or revocation of supervisory intervention order ................................................................................. 1102 604 Contravention of supervisory intervention order ............... 1102 605 Effect of supervisory intervention order if prohibition order applies to same person ........................................... 1102 Division 6 Prohibition orders 606 Application of Div 6 .......................................................... 1103 607 Court may make prohibition order .................................... 1103 608 Limitation on making prohibition order ............................. 1103 609 Amendment or revocation of prohibition order ................. 1104 610 Contravention of prohibition order .................................... 1104 Division 7 Compensation orders 611 Court may make compensation order .............................. 1104 612 Assessment of compensation .......................................... 1105 613 Use of certificates in assessing compensation ................. 1106 614 Limits on amount of compensation................................... 1107 615 Costs ................................................................................ 1108 Annexure 2 -- 502 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 499 Authorised by the Chief Parliamentary Counsel 616 Enforcement of compensation order and costs ................ 1108 617 Relationship with orders or awards of other courts and tribunals ........................................................................... 1108 Part 10.4 Provisions about liability Division 1 Reasonable steps defence 618 Reasonable steps defence ............................................... 1109 Division 2 Matters relating to reasonable steps 619 Application of Div 2 .......................................................... 1110 620 Matters court may consider for deciding whether person took all reasonable steps—mass, dimension or loading offences ........................................................... 1110 621 Reliance on container weight declaration—offences about mass ...................................................................... 1112 622 Matters court may consider for deciding whether person took all reasonable steps—speeding or fatigue management offences...................................................... 1113 623 When particular persons regarded to have taken all reasonable steps—speeding or fatigue management offences ........................................................................... 1115 624 Regulation for s 623 ......................................................... 1117 625 Proof of compliance with registered industry code of practice ............................................................................ 1118 Division 3 Other defences 626 Definition for Div 3 ............................................................ 1119 627 Defence for owner or operator of vehicle if offence c ommitted while vehicle used by unauthorised person ...... 1120 628 Defence for driver of vehicle subject to a deficiency ........ 1121 629 Defence of compliance with direction ............................... 1121 630 Sudden or extraordinary emergency ................................ 1122 631 Lawful authority ................................................................ 1122 Division 4 Other provisions about liability 632 Deciding whether person ought reasonably to have known something ............................................................. 1122 633 Multiple offenders ............................................................. 1123 634 Multiple offences .............................................................. 1123 635 Responsibility for acts or omissions of representative...... 1124 636 Liability of executive officers of corporation ...................... 1125 637 Treatment of unincorporated partnerships ....................... 1127 Annexure 2 -- 503 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 500 Authorised by the Chief Parliamentary Counsel 638 Treatment of other unincorporated bodies ....................... 1128 639 Liability of registered operator .......................................... 1130 Chapter 11 Reviews and appeals Part 11.1 Preliminary 640 Definitions for Ch 11......................................................... 1133 Part 11.2 Internal review 641 Applying for internal review .............................................. 1135 642 Stay of reviewable decisions made by Regulator or authorised officer.............................................................. 1137 643 Referral of applications for review of decisions made by road managers ............................................................ 1138 644 Internal review .................................................................. 1139 645 Review decision ............................................................... 1139 646 Notice of review decision ................................................. 1140 Part 11.3 Appeals 647 Appellable decisions ........................................................ 1142 648 Stay of review decision .................................................... 1142 649 Powers of relevant appeal body on appeal ...................... 1143 650 Effect of decision of relevant appeal body on appeal ....... 1144 Chapter 12 Administration Part 12.1 Responsible Ministers 651 Policy directions ............................................................... 1144 652 Referral of matters etc. by responsible Minister ............... 1145 653 Approved guidelines for exemptions, authorisations, permits and other authorities ............................................ 1146 654 Other approvals................................................................ 1147 655 How responsible Ministers exercise functions .................. 1148 Part 12.2 National Heavy Vehicle Regulator Division 1 Establishment, functions and powers 656 Establishment of National Heavy Vehicle Regulator ........ 1149 657 Status of Regulator .......................................................... 1150 658 General powers of Regulator ........................................... 1150 659 Functions of Regulator ..................................................... 1151 660 Cooperation with participating jurisdictions and Commonwealth ................................................................ 1153 661 Delegation ........................................................................ 1154 Annexure 2 -- 504 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 501 Authorised by the Chief Parliamentary Counsel Division 2 Governing board of Regulator Subdivision 1 Establishment and functions 662 Establishment of National Heavy Vehicle Regulator Board ............................................................................... 1155 663 Membership of Board ....................................................... 1155 664 Functions of Board ........................................................... 1156 Subdivision 2 Members 665 Terms of office of members ............................................. 1157 666 Remuneration................................................................... 1157 667 Vacancy in office of member ............................................ 1157 668 Board member to give responsible Ministers notice of certain events ............................................................... 1158 669 Extension of term of office during vacancy in membership ..................................................................... 1158 670 Members to act in public interest...................................... 1159 671 Disclosure of conflict of interest........................................ 1159 Subdivision 3 Meetings 672 General procedure ........................................................... 1161 673 Quorum ............................................................................ 1161 674 Chief executive officer may attend meetings .................... 1161 675 Presiding member ............................................................ 1162 676 Voting ............................................................................... 1162 677 Minutes ............................................................................ 1162 678 First meeting .................................................................... 1162 679 Defects in appointment of members................................. 1162 Subdivision 4 Committees 680 Committees ...................................................................... 1163 Division 3 Chief executive officer 681 Chief executive officer ...................................................... 1163 682 Functions of chief executive officer .................................. 1164 683 Delegation by chief executive officer ................................ 1164 Division 4 Staff 684 Staff.................................................................................. 1164 685 Staff seconded to Regulator ............................................. 1164 686 Consultants and contractors ............................................ 1165 Annexure 2 -- 505 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 502 Authorised by the Chief Parliamentary Counsel Part 12.3 Miscellaneous Division 1 Finance 687 National Heavy Vehicle Regulator Fund .......................... 1165 688 Payments into Fund ......................................................... 1165 689 Payments out of Fund ...................................................... 1167 690 Investment by Regulator .................................................. 1167 691 Financial management duties of Regulator ...................... 1167 692 Amounts payable to other entities .................................... 1168 Division 2 Reporting and planning arrangements 693 Annual report ................................................................... 1169 694 Other reports .................................................................... 1171 695 Corporate plans................................................................ 1171 Division 3 Oversight of the Regulator and Board 696 Application of particular Queensland Acts to this Law...... 1173 Division 4 Provisions relating to persons exercising functions under Law 697 General duties of persons exercising functions under this Law ............................................................................ 1174 698 Protection from personal liability for persons exercising Regulator’s or Board’s functions under this Law .............. 1175 Chapter 13 General Part 13.1 General offences Division 1 Offence about discrimination or victimisation 699 Discrimination against or victimisation of employees ....... 1176 700 Order for damages or reinstatement ................................ 1178 Division 2 Offences about false or misleading information 701 False or misleading statements........................................ 1179 702 False or misleading documents........................................ 1180 703 False or misleading information given by responsible person to another responsible person .............................. 1181 704 Offence to falsely represent that heavy vehicle authority is held etc. ......................................................... 1183 Part 13.2 Industry codes of practice 705 Guidelines for industry codes of practice ......................... 1184 706 Registration of industry codes of practice ........................ 1184 Annexure 2 -- 506 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 503 Authorised by the Chief Parliamentary Counsel Part 13.3 Legal proceedings Division 1 Proceedings 707 Proceedings for offences ................................................. 1186 Division 2 Evidence 708 Proof of appointments unnecessary ................................. 1187 709 Proof of signatures unnecessary ...................................... 1187 710 Averments ........................................................................ 1187 711 Evidence by certificate by Regulator generally ................ 1188 712 Evidence by certificate by road authority.......................... 1190 713 Evidence by certificate by Regulator about matters stated in or worked out from records ................................ 1191 714 Evidence by certificate by authorised officer about instruments ...................................................................... 1192 715 Challenging evidence by certificate .................................. 1193 716 Evidence by record about mass ....................................... 1194 717 Manufacturer’s statements ............................................... 1194 718 Measurement of weight on tyre ........................................ 1195 719 Transport and journey documentation.............................. 1195 720 Evidence not affected by nature of vehicle ....................... 1196 721 Certificates of TCA ........................................................... 1197 722 Approved intelligent transport system .............................. 1197 723 Evidence as to intelligent access map ............................. 1199 724 Reports and statements made by approved intelligent transport system............................................................... 1199 725 Documents produced by an approved electronic recording system .............................................................. 1201 726 Statement by person involved with use or maintenance of approved electronic recording system .......................... 1201 Part 13.4 Protected information 727 Definitions for Pt 13.4 ....................................................... 1202 728 Duty of confidentiality ....................................................... 1205 729 Protected information only to be used for authorised use ................................................................................... 1206 Part 13.5 National regulations 730 National regulations ......................................................... 1206 731 National regulations for approved vehicle examiners ....... 1207 Annexure 2 -- 507 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 504 Authorised by the Chief Parliamentary Counsel 732 National regulations for publication of agreements for services to States or Territories........................................ 1209 733 Publication of national regulations.................................... 1209 734 Scrutiny of national regulations ........................................ 1210 Part 13.6 Other 735 Approved forms ................................................................ 1210 736 Penalty at end of provision ............................................... 1211 737 Increase of penalty amounts ............................................ 1211 738 Service of documents ....................................................... 1212 739 Service by post................................................................. 1213 740 Fees ................................................................................. 1214 741 Recovery of amounts payable under Law ........................ 1215 742 Contracting out prohibited ................................................ 1215 743 Other powers not affected ................................................ 1216 Chapter 14 Savings and transitional provisions Part 14.1 Interim provisions relating to Ministers and Board 744 Responsible Ministers ...................................................... 1216 745 Exercise of powers by Board between enactment and commencement................................................................ 1217 Part 14.2 General provisions 746 Application of Part 14.2 .................................................... 1218 747 Definitions for Part 14.2.................................................... 1219 748 General savings and transitional provision ....................... 1220 749 Expiry of certain permits, exemptions, notices and authorities ........................................................................ 1222 750 Amendment or cancellation of instruments carried over from former legislation...................................................... 1222 751 Expiry of industry codes of practice.................................. 1224 752 Pending matters ............................................................... 1224 753 Preservation of current PBS scheme ............................... 1225 754 Preservation of contracts for current PBS scheme........... 1225 755 National regulations for savings and transitional matters ............................................................................. 1226 Annexure 2 -- 508 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 505 Authorised by the Chief Parliamentary Counsel Schedule 1 Miscellaneous provisions relating to interpretation ... 1228 Part 1 Preliminary 1 Displacement of Schedule by contrary intention .............. 1228 Part 2 General 2 Law to be construed not to exceed legislative power of Parliament ........................................................................ 1228 3 Every section to be a substantive enactment ................... 1229 4 Material that is, and is not, part of this Law ...................... 1229 5 References to particular Acts and to enactments ............. 1229 6 References taken to be included in Law or Act citation etc. ....................................................................... 1230 7 Interpretation best achieving Law’s purpose or object ..... 1231 8 Use of extrinsic material in interpretation ......................... 1231 9 Effect of change of drafting practice ................................. 1233 10 Use of examples .............................................................. 1233 11 Compliance with forms ..................................................... 1233 Part 3 Terms and references 12 Definitions ........................................................................ 1234 13 Provisions relating to defined terms and gender and number ............................................................................. 1240 14 Meaning of ‘may’ and ‘must’ ............................................. 1241 15 Words and expressions used in statutory instruments ..... 1241 16 Effect of express references to bodies corporate and individuals ........................................................................ 1241 17 Production of records kept in computers etc. ................... 1242 18 References to this jurisdiction to be implied ..................... 1243 19 References to officers and holders of offices ................... 1243 20 Reference to certain provisions of Law ............................ 1243 21 Reference to provisions of this Law or an Act is inclusive ........................................................................... 1244 Part 4 Functions and powers 22 Exercise of statutory functions ......................................... 1245 23 Power to make instrument or decision includes power to amend or repeal ........................................................... 1245 24 Matters for which statutory instruments may make provision ........................................................................... 1246 25 Presumption of validity and power to make ...................... 1248 26 Appointments may be made by name or office ................ 1248 Annexure 2 -- 509 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 506 Authorised by the Chief Parliamentary Counsel 27 Acting appointments......................................................... 1248 28 Powers of appointment imply certain incidental powers ... 1250 29 Delegation of functions ..................................................... 1251 30 Exercise of powers between enactment and commencement................................................................ 1254 Part 5 Distance, time and age 31 Matters relating to distance, time and age ....................... 1257 Part 6 Effect of repeal, amendment or expiration 32 Time of Law ceasing to have effect .................................. 1258 33 Repealed Law provisions not revived............................... 1258 34 Saving of operation of repealed Law provisions ............... 1258 35 Continuance of repealed provisions ................................. 1259 36 Law and amending Acts to be read as one ...................... 1259 Part 7 Instruments under Law 37 Schedule applies to statutory instruments ........................ 1259 Part 8 Application to coastal waters 38 Application ....................................................................... 1260 Schedule 2 Subject matter for conditions of mass or dimension authorities .................................................... 1261 Schedule 3 Reviewable decisions .................................................... 1262 Schedule 4 Provisions specified for liability of executive officers for offences by corporations........................... 1270 Annexure 2 -- 510 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 507 Authorised by the Chief Parliamentary Counsel Heavy Vehicle National Law Chapter 1 Preliminary Part 1.1 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. Annexure 2 -- 511 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 508 Authorised by the Chief Parliamentary Counsel 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 the national registration 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— Annexure 2 -- 512 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 509 Authorised by the Chief Parliamentary Counsel (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 1.2 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. Annexure 2 -- 513 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 510 Authorised by the Chief Parliamentary Counsel ADR means a national standard under section 7 of the Motor Vehicle Standards Act 1989 of the Commonwealth. AFM accreditation means— (a) accreditation under this Law of a kind mentioned in section 458(d); or (b) accreditation of a similar kind under another law of a participating jurisdiction. AFM fatigue management system, for the purposes of Chapters 6 and 8, has the meaning given by section 457. AFM hours, for the purposes of Chapters 6 and 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— • Example text • 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 Annexure 2 -- 514 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 511 Authorised by the Chief Parliamentary Counsel 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. Annexure 2 -- 515 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 512 Authorised by the Chief Parliamentary Counsel 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 Annexure 2 -- 516 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 513 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 517 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 514 Authorised by the Chief Parliamentary Counsel 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 Part 13.4, 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 Annexure 2 -- 518 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 515 Authorised by the Chief Parliamentary Counsel (ii) the driver is required under Part 6.4, 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 Part 6.4, 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 Annexure 2 -- 519 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 516 Authorised by the Chief Parliamentary Counsel BFM accreditation means— (a) accreditation under this Law of a kind mentioned in section 458(c); 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 Chapters 6 and 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). 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. Annexure 2 -- 520 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 517 Authorised by the Chief Parliamentary Counsel 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. commercial consignor, for the purposes of Divisions 4 and 5 of Part 5.2, has the meaning given by section 210. Commonwealth Gazette means the Commonwealth of Australia Gazette. Annexure 2 -- 521 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 518 Authorised by the Chief Parliamentary Counsel 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). 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) 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. conditionally registered, for a heavy vehicle, means the vehicle is registered under this Law subject to conditions. conduct means an act, an omission to perform an act, or a state of affairs. consent includes an approval or concurrence. Annexure 2 -- 522 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 519 Authorised by the Chief Parliamentary Counsel 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) there is no person as described in paragraph (a) and— (i) 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 (ii) there is no person as described in subparagraph (i) and the person has possession of, or control over, the goods immediately before the goods are transported by road; or (iii) there is no person as described in subparagraph (i) or (ii) and the person loads a vehicle with the goods, for road transport, at a place— (A) where goods in bulk are stored, temporarily held or otherwise held waiting collection; and (B) that is usually unattended, other than by the vehicle’s driver or someone else necessary for the normal use of the vehicle, during loading; or Annexure 2 -- 523 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 520 Authorised by the Chief Parliamentary Counsel (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 (b) includes a copy of a declaration mentioned in paragraph (a). converter dolly means a pig trailer with a fifth wheel coupling designed to convert a semitrailer into a dog trailer. Typical converter dolly Annexure 2 -- 524 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 521 Authorised by the Chief Parliamentary Counsel 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 Division 5 of Part 10.3, has the meaning given by section 599(a); or (b) for the purposes of Division 6 of Part 10.3, 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). 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 Division 6 of Part 9.3, has the meaning given by section 525. defective vehicle label, for the purposes of Division 6 of Part 9.3, has the meaning given by section 525. Annexure 2 -- 525 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 522 Authorised by the Chief Parliamentary Counsel 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 Division 3 of Part 10.4, 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 Annexure 2 -- 526 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 523 Authorised by the Chief Parliamentary Counsel (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 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 Division 7 of Part 6.4. electronic work diary has the meaning given by section 221. electronic work diary label has the meaning given by section 221. Annexure 2 -- 527 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 524 Authorised by the Chief Parliamentary Counsel 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. entity includes a person 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. Annexure 2 -- 528 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 525 Authorised by the Chief Parliamentary Counsel extract, of a document, device or other thing, means a copy of any information contained in the document, device or other thing. 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. Annexure 2 -- 529 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 526 Authorised by the Chief Parliamentary Counsel 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. Annexure 2 -- 530 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 527 Authorised by the Chief Parliamentary Counsel 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 Regulator has, under section 56, specified the total maximum loaded mass of the motor vehicle and any vehicles it may lawfully tow at any given time—specified by the Regulator under that section; 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 Annexure 2 -- 531 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 528 Authorised by the Chief Parliamentary Counsel (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 Regulator has specified the vehicle’s maximum loaded mass under section 57— specified by the Regulator under that section; 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. Annexure 2 -- 532 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 529 Authorised by the Chief Parliamentary Counsel 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 Division 6 of Part 9.3, has the meaning given by section 525. identification plate means a plate authorised to be placed on a vehicle, or taken to have been placed on a vehicle, under the Motor Vehicle Standards Act 1989 of the Commonwealth. 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. information notice, for a decision, means a notice stating the following— (a) the decision; (b) the reasons for the decision; Annexure 2 -- 533 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 530 Authorised by the Chief Parliamentary Counsel (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. insurer, for the purposes of Part 2.5, has the meaning given by section 54. intelligent access agreement, for the purposes of Chapter 7, has the meaning given by section 403. intelligent access audit, for the purposes of Chapter 7, has the meaning given by section 403. intelligent access auditor means a person engaged by TCA for auditing activities conducted by intelligent access service providers. intelligent access conditions has the meaning given by section 402. intelligent access information, for the purposes of Chapter 7, has the meaning given by section 403. 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. Annexure 2 -- 534 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 531 Authorised by the Chief Parliamentary Counsel intelligent access reporting entity, for the purposes of Chapter 6, has the meaning given by section 221. intelligent access service provider has the meaning given by section 403. intelligent access 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 Annexure 2 -- 535 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 532 Authorised by the Chief Parliamentary Counsel 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 Annexure 2 -- 536 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 533 Authorised by the Chief Parliamentary Counsel (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. 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 Annexure 2 -- 537 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 534 Authorised by the Chief Parliamentary Counsel (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— 1 A person is a loading manager for goods in heavy vehicles, other than for the purposes of Chapter 4, if— (a) goods are— (i) loaded onto a heavy vehicle at regular loading or unloading premises for heavy vehicles; or (ii) unloaded from a heavy vehicle at regular loading or unloading premises for heavy vehicles; and (b) the person— (i) is the person who manages, or is responsible for the operation of, the premises; or (ii) has been assigned by a person mentioned in subparagraph (i) as responsible for supervising, managing or controlling, directly or indirectly, activities carried out by a loader or unloader of goods at the premises. 2 For the purposes of Chapter 4, a person is a loading manager for goods in a heavy vehicle if— (a) the goods are loaded onto the heavy vehicle at regular loading or unloading premises for heavy vehicles; and Annexure 2 -- 538 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 535 Authorised by the Chief Parliamentary Counsel (b) the person— (i) is the person who manages, or is responsible for the operation of, the premises; or (ii) has been assigned by a person mentioned in subparagraph (i) as responsible for supervising, managing or controlling, directly or indirectly, activities carried out by a loader of the goods. 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) accreditation under this Law of a kind mentioned in section 458(a); 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 has the meaning given by section 526(2)(a). major rest break, for the purposes of Chapter 6, has the meaning given by section 221. Annexure 2 -- 539 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 536 Authorised by the Chief Parliamentary Counsel 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. mass, dimension or loading requirement means a mass requirement, dimension requirement or loading requirement. mass management accreditation means— (a) accreditation under this Law of a kind mentioned in section 458(b); 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 Annexure 2 -- 540 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 537 Authorised by the Chief Parliamentary Counsel (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 has the meaning given by section 526(2)(b). Annexure 2 -- 541 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 538 Authorised by the Chief Parliamentary Counsel 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). mistake of fact defence—see section 14. 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. 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 10p.m. on a day and 8a.m. 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. Annexure 2 -- 542 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 539 Authorised by the Chief Parliamentary Counsel 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 means written notice. 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 Annexure 2 -- 543 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 540 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 544 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 541 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 545 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 542 Authorised by the Chief Parliamentary Counsel party in the chain of responsibility— (a) for a heavy vehicle, for the purposes of Division 5 of Part 5.2, has the meaning given by section 214; or (b) for a fatigue-regulated heavy vehicle, for the purposes of Chapter 6, has the meaning given by section 227. 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 Part 1.4. PBS vehicle approval means a current approval issued for a heavy vehicle by the Regulator under section 23. Annexure 2 -- 546 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 543 Authorised by the Chief Parliamentary Counsel 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 Part 9.2, 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. Annexure 2 -- 547 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 544 Authorised by the Chief Parliamentary Counsel 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 Annexure 2 -- 548 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 545 Authorised by the Chief Parliamentary Counsel (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 order has the meaning given by section 607(1). protected information, for the purposes of Part 13.4, 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 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. Annexure 2 -- 549 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 546 Authorised by the Chief Parliamentary Counsel 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. reasonable steps defence means the defence mentioned in section 618. reasonably believes means believes on grounds that are reasonable in the circumstances. reasonably satisfied means satisfied on grounds that are reasonable in the circumstances. reasonably suspects means suspects on grounds that are reasonable in the circumstances. Annexure 2 -- 550 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 547 Authorised by the Chief Parliamentary Counsel record keeper, for the purposes of Chapter 6, 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 the vehicle register as the person responsible for the vehicle. registration, of a heavy vehicle, means registration of the vehicle under this Law. registration exemption means an exemption under Division 4 of Part 2.2 from the requirement for a heavy vehicle to be registered. registration item means a document, number plate, label or other thing relating to— (a) the registration or purported registration of a heavy vehicle; or (b) an unregistered heavy vehicle permit for a heavy vehicle. registration number, for a heavy vehicle, means letters, numbers or characters, or a combination of one or more letters, numbers or characters, issued for the vehicle by the Regulator and recorded on the vehicle register. Annexure 2 -- 551 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 548 Authorised by the Chief Parliamentary Counsel 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. Annexure 2 -- 552 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 549 Authorised by the Chief Parliamentary Counsel Note— Consequently, Chapter 6 (including sections 227, 238, 239 and 261) 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 Part 9.2, has the meaning given by section 494. Annexure 2 -- 553 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 550 Authorised by the Chief Parliamentary Counsel 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. 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. Annexure 2 -- 554 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 551 Authorised by the Chief Parliamentary Counsel 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; Annexure 2 -- 555 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 552 Authorised by the Chief Parliamentary Counsel (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; Annexure 2 -- 556 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 553 Authorised by the Chief Parliamentary Counsel (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 Annexure 2 -- 557 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 554 Authorised by the Chief Parliamentary Counsel (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; Annexure 2 -- 558 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 555 Authorised by the Chief Parliamentary Counsel (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 Annexure 2 -- 559 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 556 Authorised by the Chief Parliamentary Counsel (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 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. route assessment, for the purposes of Part 4.7, has the meaning given by section 154. 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 Annexure 2 -- 560 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 557 Authorised by the Chief Parliamentary Counsel (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. 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 Division 2 of Part 4.2, has the meaning given by section 97; or (b) for the purposes of Division 2 of Part 4.3, has the meaning given by section 104. Annexure 2 -- 561 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 558 Authorised by the Chief Parliamentary Counsel 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. Annexure 2 -- 562 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 559 Authorised by the Chief Parliamentary Counsel Standards Australia means Standards Australia Limited CAN 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 Division 2 of Part 4.2, has the meaning given by section 97; or (b) for the purposes of Division 2 of Part 4.3, 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. Annexure 2 -- 563 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 560 Authorised by the Chief Parliamentary Counsel tamper— (a) with an emission control system, for the purposes of section 91, has the meaning given by that section; or (b) with a speed limiter, for the purposes of section 93, has the meaning given by that section; or (c) with an approved electronic recording system, for the purposes of Chapter 6, has the meaning given by section 334; or (d) 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 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 Annexure 2 -- 564 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 561 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 565 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 562 Authorised by the Chief Parliamentary Counsel 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 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 Annexure 2 -- 566 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 563 Authorised by the Chief Parliamentary Counsel • contract of carriage • delivery order • export receival advice • invoice • load manifest • sea carriage document • vendor declaration 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 Division 3 of Part 9.3, has the meaning given by section 515. Annexure 2 -- 567 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 564 Authorised by the Chief Parliamentary Counsel 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 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 issued under the national regulations 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 or a minor defect notice. vehicle register means the vehicle register kept under Part 2.3. Annexure 2 -- 568 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 565 Authorised by the Chief Parliamentary Counsel vehicle registration duty— (a) includes any duties, levies, fees or charges (however called) payable under a law of a participating jurisdiction at the time of registration of a vehicle on an application for the registration of, the renewal of registration of, or the transfer of the registration of, a vehicle; and (b) includes, by way of example, emergency service levies. vehicle registration duty legislation means legislation about payment of vehicle registration duty. vehicle standards exemption means— (a) vehicle standards exemption (notice); or (b) 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 with 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 Annexure 2 -- 569 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 566 Authorised by the Chief Parliamentary Counsel (b) otherwise, the unique vehicle identification number assigned to the heavy vehicle under the Motor Vehicle Standards Act 1989 of the Commonwealth. 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. Annexure 2 -- 570 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 567 Authorised by the Chief Parliamentary Counsel wrecked, in relation to a heavy vehicle, for the purposes of Part 2.5, has the meaning given by section 54. written-off, in relation to a heavy vehicle, for the purposes of Part 2.5, has the meaning given by section 54. 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 other than in relation to registration under 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. Annexure 2 -- 571 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 568 Authorised by the Chief Parliamentary Counsel 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— (a) a motor vehicle that— (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) (b) a motorhome. (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 Annexure 2 -- 572 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 569 Authorised by the Chief Parliamentary Counsel (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 Annexure 2 -- 573 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 570 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 574 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 571 Authorised by the Chief Parliamentary Counsel 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 Annexure 2 -- 575 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 572 Authorised by the Chief Parliamentary Counsel (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 mistake of fact defence (1) This section applies if a provision of this Law states that a person charged with an offence does not have the benefit of the mistake of fact defence for the offence. (2) The effect of the provision, for a participating jurisdiction, is the effect that is declared by a law of that jurisdiction to be the effect of the provision. 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. Annexure 2 -- 576 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 573 Authorised by the Chief Parliamentary Counsel Part 1.3 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) This Law does not limit the application of the primary WHS Law or any regulations made under that Law. (2) Evidence of a relevant contravention of this Law is admissible in any proceeding for an offence against the primary WHS Law. Annexure 2 -- 577 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 574 Authorised by the Chief Parliamentary Counsel (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. (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 1.4 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. Annexure 2 -- 578 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 575 Authorised by the Chief Parliamentary Counsel 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 can not 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. Annexure 2 -- 579 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 576 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 580 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 577 Authorised by the Chief Parliamentary Counsel (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). (6) A PBS vehicle approval can not 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). Annexure 2 -- 581 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 578 Authorised by the Chief Parliamentary Counsel (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). 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. Annexure 2 -- 582 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 579 Authorised by the Chief Parliamentary Counsel Chapter 2 Registration Note— If this Chapter is not to commence at the same time as other provisions of this Law but at a later time, transitional provisions for this jurisdiction relating to and consequential on the delayed commencement are intended to be dealt with by national regulations or by legislation of this jurisdiction. Part 2.1 Preliminary 27 Main purpose of Ch 2 The main purpose of this Chapter is to establish a scheme for the national registration of heavy vehicles that— (a) allows for the registration of heavy vehicles of a standard and in a condition that prevents or minimises safety risks; and (b) recognises that unregistered heavy vehicles may be used on roads in particular circumstances without posing significant safety risks; and (c) provides for identifying heavy vehicles and the persons responsible for them; and (d) ensures compliance with— (i) vehicle registration duty legislation; and (ii) third party insurance legislation. Annexure 2 -- 583 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 580 Authorised by the Chief Parliamentary Counsel Part 2.2 Registration scheme Division 1 Preliminary 28 Scheme for registration of heavy vehicles (1) The national regulations may prescribe procedures for the registration of heavy vehicles. (2) Without limiting subsection (1), the national regulations may prescribe— (a) the persons who are eligible to have heavy vehicles registered in their name; and (b) the heavy vehicles that are eligible to be registered; and (c) the circumstances in which heavy vehicles may be registered without conditions; and (d) the circumstances in which heavy vehicles may be registered subject to conditions; and (e) the period for which heavy vehicles may be registered; and (f) the circumstances in which unregistered heavy vehicle permits may be issued for heavy vehicles, and conditions that may be imposed on the permits; and (g) the charges payable for the registration of heavy vehicles, and refunds of part of the charges paid for a heavy vehicle’s registration if the registration is surrendered before it expires; and (h) requirements about the display of plates and labels on heavy vehicles to identify the vehicles’ registration; and (i) matters about— (i) the renewal of the registration of heavy vehicles; and Annexure 2 -- 584 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 581 Authorised by the Chief Parliamentary Counsel (ii) the transfer or surrender of the registration of heavy vehicles; and (iii) the amendment, suspension or cancellation of the registration of heavy vehicles or unregistered heavy vehicle permits for heavy vehicles; and (iv) the refusal of the registration or renewal of the registration, or the suspension or cancellation of the registration, of heavy vehicles for— (A) noncompliance with requirements of vehicle registration duty legislation or third party insurance legislation of the State or Territory in which a vehicle’s garage address is located; or (B) not providing adequate proof of compliance with any of the requirements referred to in sub- subparagraph (A); and (v) without limiting subparagraph (iv), the suspension or cancellation of the registration of heavy vehicles for— (A) noncompliance with any of the requirements referred to in that subparagraph if a vehicle’s garage address changes during the period of registration; or (B) not providing adequate proof of compliance with any of the requirements referred to in sub- subparagraph (A); and (j) matters about the provision of the Regulator’s services to States and Territories, under agreements mentioned in section 658(2)(b), relating to— Annexure 2 -- 585 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 582 Authorised by the Chief Parliamentary Counsel (i) collecting vehicle registration duty; or (ii) ensuring compliance with third party insurance legislation, including, for example, by collecting third party insurance premiums. 29 Registration not evidence of title The registration of a heavy vehicle under this Law is not evidence of title to the heavy vehicle. Division 2 Requirement for heavy vehicle to be registered 30 Registration requirement (1) A person must not use, or permit to be used, on a road— (a) an unregistered heavy vehicle; or (b) a heavy vehicle whose registration is suspended under the national regulations. Maximum penalty—$10000. (2) Subsection (1) does not apply to the use of an unregistered heavy vehicle on a road if— (a) the vehicle is being used under an unregistered heavy vehicle permit; or (b) the use of the vehicle on the road is authorised under Division 3. Division 3 Authorised use of unregistered heavy vehicle 31 Purpose of Div 3 The purpose of this Division is to state, for the purposes of section 30(2)(b), the circumstances in which an unregistered heavy vehicle is authorised to be used on a road. Annexure 2 -- 586 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 583 Authorised by the Chief Parliamentary Counsel 32 Unregistered heavy vehicle on journey for obtaining registration (1) An unregistered heavy vehicle may be used on a road when— (a) any of the following apply— (i) it is on a journey to the nearest registration place and is travelling on the most direct and convenient route to the registration place from where the journey began; (ii) it is on a journey to the nearest registration place by way of the nearest inspection place to the registration place and is travelling on the most direct and convenient route to the inspection place from where the journey began; (iii) it is on a journey to the nearest registration place by way of the nearest inspection place from where the journey began and is travelling on the most direct and convenient route to the registration place from the inspection place; and (b) it does not have any goods in it; and (c) the requirements (if any) of third party insurance legislation applying to the vehicle are complied with. (2) In this section— inspection place means a place where the heavy vehicle can be taken for the purpose of inspecting or weighing the vehicle for registration purposes. registration place means a place where the heavy vehicle is required to be taken for the purpose of obtaining registration of the vehicle (whether or not it is also an inspection place). Annexure 2 -- 587 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 584 Authorised by the Chief Parliamentary Counsel 33 Unregistered heavy vehicle temporarily in Australia (1) An unregistered heavy vehicle may be used on a road if— (a) the vehicle— (i) is temporarily in Australia; and (ii) is registered in a foreign country; and (b) the foreign number plates and labels for the vehicle are conspicuously displayed on the vehicle and in the way (if any) required by a law of the foreign country; and (c) so far as is reasonably practicable, the vehicle is used in accordance with any conditions of the registration in the foreign country; and (d) the driver of the vehicle keeps in the driver’s possession proof of an applicable temporary admission carnet; and (e) the requirements (if any) of third party insurance legislation applying to the vehicle are complied with. (2) In this section— foreign number plates and labels, for a heavy vehicle registered in a foreign country, means the number plates and labels required, under a law of the foreign country, to be displayed on the vehicle if it is used on a road in the foreign country. temporary admission carnet means a document that is or is of the same nature as a carnet de passages en douane, relating to the presence in Australia of a heavy vehicle registered in a foreign country. Annexure 2 -- 588 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 585 Authorised by the Chief Parliamentary Counsel 34 Unregistered heavy vehicle used for short term only (1) An unregistered heavy vehicle may be used on a road if— (a) a road authority has, under a law of a participating jurisdiction, authorised the use of the vehicle on the road for short-term purposes; and (b) the short-term number plates for the vehicle are conspicuously displayed on the vehicle in the way (if any) required under that law; and (c) the vehicle is used in accordance with any conditions imposed by the road authority on the authorisation; and (d) the requirements (if any) of third party insurance legislation applying to the vehicle are complied with. (2) In this section— short-term number plates, for a heavy vehicle authorised by a road authority to be used on a road as mentioned in subsection (1)(a), means the number plates (usually called ‘trade plates’) issued by the road authority and required under the law under which the authorisation is given to be displayed on the vehicle if it is used on a road under the authorisation. 35 Unregistered heavy vehicle used locally only (1) An unregistered heavy vehicle may be used on a road if— (a) the vehicle is on a journey between 2 parcels of land used solely, or mainly, for primary production and is travelling by the most direct or convenient route between the places; and Annexure 2 -- 589 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 586 Authorised by the Chief Parliamentary Counsel (b) for any one use, the total distance travelled on a road is not more than 500m; and (c) the requirements (if any) of third party insurance legislation applying to the vehicle are complied with. (2) In this section— primary production means primary production for agriculture or fishing. 36 Unregistered heavy vehicle that is an agricultural vehicle An unregistered heavy vehicle may be used on a road if— (a) it is— (i) an agricultural implement being towed by— (A) an agricultural machine that is registered; or (B) another registered heavy vehicle; or (ii) an agricultural trailer being towed by— (A) an agricultural machine that is being used to perform agricultural tasks for which it was built and is registered; or (B) a conditionally registered heavy vehicle; and (b) the requirements (if any) of third party insurance legislation applying to the vehicle are complied with. Annexure 2 -- 590 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 587 Authorised by the Chief Parliamentary Counsel 37 Unregistered heavy vehicle being towed An unregistered heavy vehicle may be used on a road if— (a) it is being lawfully towed by a tow truck; and (b) the requirements (if any) of third party insurance legislation applying to the vehicle are complied with. 38 Unregistered heavy vehicle to which exemption under Div 4 applies An unregistered heavy vehicle may be used on a road if— (a) it is of a category of heavy vehicles exempted from the requirement to be registered under Division 4; and (b) it complies with, or is being used in compliance with, any applicable conditions referred to in Division 4; and (c) the requirements (if any) of third party insurance legislation applying to the vehicle are complied with. 39 Driver to carry proof of compliance with third party insurance legislation (1) This section applies if use of an unregistered heavy vehicle in any of the circumstances referred to in sections 32 to 38 is dependent on compliance with the requirements of third party insurance legislation applying to the vehicle. (2) A person must not use, or permit to be used, the unregistered heavy vehicle on a road in any of those circumstances if the driver does not have in the driver’s possession proof that the requirements of third party insurance legislation applying to the vehicle are complied with. Maximum penalty—$3000. Annexure 2 -- 591 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 588 Authorised by the Chief Parliamentary Counsel Division 4 Exemption from requirement to be registered Subdivision 1 Exemption by Regulator 40 Regulator’s power to exempt category of heavy vehicles from requirement to be registered (1) The Regulator may, by Commonwealth Gazette notice complying with section 44, exempt a category of heavy vehicles from the requirement to be registered, for a period of not more than 1 year. (2) An exemption under subsection (1) is a registration exemption. 41 Restriction on grant of registration exemption (1) The Regulator may grant a registration exemption under this Subdivision only if the Regulator is satisfied— (a) it is not reasonable to require heavy vehicles of the category to be registered; and (b) the use of heavy vehicles of the category on a road without being registered will not pose a significant safety risk. (2) In deciding whether to grant a registration exemption, the Regulator must have regard to the approved guidelines for granting registration exemptions. 42 Conditions of registration exemption A registration exemption under this Subdivision may be subject to any conditions the Regulator considers appropriate, including, for example, 1 or more of the following conditions— Annexure 2 -- 592 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 589 Authorised by the Chief Parliamentary Counsel (a) that a heavy vehicle may be used on a road under the exemption only— (i) on stated routes; or (ii) during stated hours of stated days; (b) that the driver of a heavy vehicle who is driving the vehicle on a road under the exemption must keep in the driver’s possession— (i) a copy of the Commonwealth Gazette notice for the exemption; or (ii) an information sheet about the exemption published by the Regulator on the Regulator’s website; (c) that stated signs or other things must be displayed on a heavy vehicle being used on a road under the exemption. 43 Period for which registration exemption applies A registration exemption under this Subdivision— (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. Annexure 2 -- 593 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 590 Authorised by the Chief Parliamentary Counsel 44 Requirements about Commonwealth Gazette notice (1) A Commonwealth Gazette notice for a registration exemption under this Subdivision must state the following— (a) the category of heavy vehicles to which the exemption applies; (b) the conditions of the exemption; (c) the period for which the exemption applies. (2) The Regulator must publish a copy of the Commonwealth Gazette notice on the Regulator’s website. 45 Amendment or cancellation of registration exemption (1) Each of the following is a ground for amending or cancelling a registration exemption granted under this Subdivision— (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 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 registration exemption, the Regulator may amend or cancel the exemption by complying with subsections (3) to (5). Annexure 2 -- 594 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 591 Authorised by the Chief Parliamentary Counsel (3) The Regulator must publish a notice in the Commonwealth Gazette, in a newspaper circulating generally throughout each participating jurisdiction and on the Regulator’s website— (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. Annexure 2 -- 595 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 592 Authorised by the Chief Parliamentary Counsel (5) Notice of the amendment or cancellation must be published— (a) in— (i) the Commonwealth Gazette; and (ii) a newspaper circulating generally throughout each participating jurisdiction; and (b) on the Regulator’s website. (6) The amendment or cancellation takes effect— (a) 28 days after the Commonwealth Gazette notice is published; or (b) if a later time is stated in the Commonwealth Gazette notice, at the later time. 46 Immediate suspension (1) This section applies if the Regulator considers it is necessary to suspend a registration exemption granted under this Subdivision immediately to prevent or minimise serious harm to public safety or significant damage to road infrastructure. (2) The Regulator may, by publishing a notice as mentioned in subsection (3) (immediate suspension notice), immediately suspend the exemption until the earliest of the following— (a) the Regulator publishes a notice under section 45(5) and the amendment or cancellation takes effect under section 45(6); (b) the Regulator cancels the suspension; (c) the end of 56 days after the day the immediate suspension notice is published. (3) The immediate suspension notice, and (where relevant) notice of the cancellation of the suspension, must be published— Annexure 2 -- 596 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 593 Authorised by the Chief Parliamentary Counsel (a) in— (i) the Commonwealth Gazette; and (ii) a newspaper circulating generally throughout each relevant participating jurisdiction; and (b) on the Regulator’s website; and (c) in any other newspaper the Regulator considers appropriate. Example for the purposes of paragraph (c)— If the exemption relates to a particular part of a participating jurisdiction, the Regulator may consider it appropriate to publish the notice in a newspaper circulating generally in the part. (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 45. (6) In this section— relevant participating jurisdiction, for an exemption granted under this Subdivision, means a participating jurisdiction in which the whole or part of an area or route to which the exemption applies is situated. Subdivision 2 Exemption by national regulations 47 National regulations exempting heavy vehicles from requirement to be registered (1) The national regulations may provide for the exemption of heavy vehicles from the requirement to be registered. (2) An exemption under subsection (1) is a registration exemption. Annexure 2 -- 597 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 594 Authorised by the Chief Parliamentary Counsel (3) Without limiting subsection (1), the national regulations may prescribe matters about— (a) the registration exemptions for categories of heavy vehicles; and (b) the amendment, suspension or cancellation of registration exemptions; and (c) the imposition, amendment or cancellation of the conditions (if any) to which a registration exemption is subject, whether any such condition is stated in, or is of a kind authorised to be made under, the national regulations. Part 2.3 Vehicle register 48 Vehicle register (1) The Regulator must keep a register of heavy vehicles (the vehicle register) that enables the identification of a heavy vehicle used on a road and of the person who is responsible for it. (2) The vehicle register must— (a) be kept in the way prescribed by the national regulations; and (b) contain the particulars prescribed by the national regulations. (3) The Regulator may include in the vehicle register other information the Regulator considers reasonable and relevant to the purposes of this Law. Part 2.4 Other provisions relating to registration 49 Ownership of registration items A registration item issued by the Regulator remains the property of the Regulator. Annexure 2 -- 598 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 595 Authorised by the Chief Parliamentary Counsel 50 Obtaining registration or registration items by false statements etc. (1) A person must not attempt to have a heavy vehicle registered, or to have the registration of a heavy vehicle renewed or transferred, or to be issued with an unregistered heavy vehicle permit, under this Law— (a) by making a statement or representation the person knows is false or misleading in a material particular; or (b) in another dishonest way. Maximum penalty—$10000. (2) A person must not, without a reasonable excuse, possess a registration item obtained— (a) by making a statement or representation the person knows is false or misleading in a material particular; or (b) in another dishonest way. Maximum penalty—$10000. (3) The registration of a heavy vehicle is void if a person contravenes subsection (1) in relation to the registration or the renewal or transfer of the registration of the vehicle. (4) A registration item is void if a person contravenes subsection (2) in relation to obtaining the item. 51 Replacement and recovery of certain registration items (1) This section applies if the Regulator is reasonably satisfied a registration item (the relevant item) issued by the Regulator for the purposes of this Law is incorrect, is a duplicate, is of poor quality or is difficult to read. Annexure 2 -- 599 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 596 Authorised by the Chief Parliamentary Counsel (2) The Regulator may cancel the relevant item and, if the Regulator considers it is appropriate— (a) issue a replacement registration item to the registered operator of the heavy vehicle; or (b) by notice, require the registered operator of the heavy vehicle to return the relevant item to the Regulator. (3) A person who is given a notice under subsection (2)(b) must comply with the notice, unless the person has a reasonable excuse. Maximum penalty—$4000. 52 Verification of particular records (1) This section applies in relation to a heavy vehicle— (a) registered under this Law; or (b) the subject of an unregistered heavy vehicle permit. (2) The Regulator may, by notice, require a registered operator of the heavy vehicle or the holder of an unregistered heavy vehicle permit for the vehicle— (a) to produce documents about, or otherwise verify, a matter about the vehicle included in the vehicle register or other records kept by the Regulator for the purposes of this Law; or (b) at a stated reasonable time and place, to— (i) present the heavy vehicle for inspection by the Regulator; or (ii) personally attend on the Regulator for identification purposes. (3) Without limiting subsection (2)(a), the Regulator may require the production of documents or other verification relating to any of the following— Annexure 2 -- 600 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 597 Authorised by the Chief Parliamentary Counsel (a) the identity, description or condition of the heavy vehicle; (b) the origin or history of the heavy vehicle; (c) the identity and address of the operator of the heavy vehicle; (d) the garage address of the heavy vehicle; (e) the currency of any compulsory third party insurance required for the heavy vehicle under third party insurance legislation. (4) A person given a notice under subsection (2) must comply with the notice, unless the person has a reasonable excuse. Maximum penalty—$3000. Part 2.5 Written-off and wrecked heavy vehicles 53 Purpose of Pt 2.5 The purpose of this Part is to provide for the collection and recording of information about written-off or wrecked heavy vehicles to ensure a previously written-off or wrecked heavy vehicle is registered only if— (a) the identity of the vehicle and its operator is certain; and (b) the vehicle is safe. 54 Definitions for Pt 2.5 In this Part— insurer means a body corporate authorised under the Insurance Act 1973 of the Commonwealth to carry on insurance business. Annexure 2 -- 601 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 598 Authorised by the Chief Parliamentary Counsel wrecked, for a heavy vehicle, means the vehicle is— (a) demolished or dismantled; or (b) in a state or condition prescribed by the national regulations. written-off, for a heavy vehicle, means the vehicle can not reasonably be expected to be repaired, including because— (a) an insurer has decided the vehicle should not be repaired; or (b) the vehicle is in a state or condition prescribed by the national regulations. 55 Written-off and wrecked heavy vehicles register (1) The Regulator must keep a register of written-off and wrecked heavy vehicles (the written-off and wrecked vehicles register). (2) The written-off and wrecked vehicles register must— (a) be kept in the way prescribed by the national regulations; and (b) contain the particulars prescribed by the national regulations, to the extent the particulars apply, for each heavy vehicle that is written-off or wrecked. (3) The Regulator may include in the written-off and wrecked vehicles register other information the Regulator considers reasonable and relevant to the purpose of this Part. (4) The national regulations may provide for— (a) the written-off and wrecked vehicles register to be kept in a form allowing other entities to make entries in it, and the making of the entries; and Annexure 2 -- 602 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 599 Authorised by the Chief Parliamentary Counsel (b) access to the written-off and wrecked vehicles register by particular entities, with or without conditions; and (c) the giving of information contained in the written-off and wrecked vehicles register to particular entities, with or without conditions; and (d) creating an offence of driving written-off and wrecked heavy vehicles; and (e) notifying the Regulator about written-off and wrecked heavy vehicles. Part 2.6 Other provisions 56 Regulator may specify GCM in particular circumstances (1) This section applies if— (a) under the national regulations, a person applies for— (i) the registration or the renewal of the registration of a heavy motor vehicle; or (ii) an unregistered heavy vehicle permit for a heavy motor vehicle; and (b) the total maximum loaded mass of the heavy motor vehicle and any vehicles it may lawfully tow at any given time— (i) is not stated by the heavy motor vehicle’s manufacturer on the vehicle’s identification plate or another place on the vehicle; or (ii) is stated as mentioned in subparagraph (i) but is no longer appropriate because the vehicle has been modified since the total maximum loaded mass was stated as mentioned in subparagraph (i). Annexure 2 -- 603 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 600 Authorised by the Chief Parliamentary Counsel (2) The Regulator may specify the total maximum loaded mass for the heavy motor vehicle and any vehicles it may lawfully tow at any given time for the purposes of this Law. Note— Under the national regulations— (a) if the Regulator registers a heavy motor vehicle, the Regulator must give the registered operator a certificate of registration, and a registration label, for the vehicle stating the vehicle’s GCM, and record the vehicle’s GCM in the vehicle register; and (b) if the Regulator issues an unregistered heavy vehicle permit for a heavy motor vehicle, the permit must state the vehicle’s GCM, and the Regulator must record the vehicle’s GCM in the vehicle register. 57 Regulator may specify GVM in particular circumstances (1) This section applies if— (a) under the national regulations, a person applies for— (i) the registration or the renewal of the registration of a heavy vehicle; or (ii) an unregistered heavy vehicle permit for a heavy vehicle; and (b) either the vehicle does not have an identification plate or the vehicle’s maximum loaded mass— (i) is not stated on the vehicle’s identification plate; or (ii) is stated on the vehicle’s identification plate but is no longer appropriate because the vehicle has been modified since the maximum loaded mass was Annexure 2 -- 604 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 601 Authorised by the Chief Parliamentary Counsel stated on the vehicle’s identification plate. (2) The Regulator may specify the vehicle’s maximum loaded mass for the purposes of this Law. Note— Under the national regulations— (a) if the Regulator registers a heavy vehicle, the Regulator must give the registered operator a certificate of registration, and a registration label, for the vehicle stating the vehicle’s GVM, and record the vehicle’s GVM in the vehicle register; and (b) if the Regulator issues an unregistered heavy vehicle permit for a heavy vehicle, the permit must state the vehicle’s GVM, and the Regulator must record the vehicle’s GVM in the vehicle register. Chapter 3 Vehicle operations— standards and safety Part 3.1 Preliminary 58 Main purpose of Ch 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. Annexure 2 -- 605 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 602 Authorised by the Chief Parliamentary Counsel Part 3.2 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) $3000, except as provided in paragraph (b); or (b) $6000, for contravention of a heavy vehicle standard relating to a speed limiter. Annexure 2 -- 606 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 603 Authorised by the Chief Parliamentary Counsel (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 Annexure 2 -- 607 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 604 Authorised by the Chief Parliamentary Counsel (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 Regulator when the vehicle was registered under the national regulations. (4) For the purposes of subsection (3), the Regulator is taken to know of a heavy vehicle’s noncompliance with a heavy vehicle standard when the vehicle was registered under the national regulations if the noncompliance is mentioned in— (a) an operations plate that was installed on the vehicle when it was registered; or (b) a certificate of approved operations issued for the vehicle and in force when the vehicle was registered; or (c) a document obtained by the Regulator under the national regulations in connection with the registration of the vehicle. (5) Subsection (3) applies only if the heavy vehicle, and its use on a road, complies with the conditions of the registration. (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). Annexure 2 -- 608 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 605 Authorised by the Chief Parliamentary Counsel 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; Annexure 2 -- 609 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 606 Authorised by the Chief Parliamentary Counsel (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). Annexure 2 -- 610 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 607 Authorised by the Chief Parliamentary Counsel 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. Annexure 2 -- 611 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 608 Authorised by the Chief Parliamentary Counsel 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). Annexure 2 -- 612 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 609 Authorised by the Chief Parliamentary Counsel (3) The Regulator must publish a notice in the Commonwealth Gazette, in a newspaper circulating generally throughout each participating jurisdiction and on the Regulator’s website— (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. Annexure 2 -- 613 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 610 Authorised by the Chief Parliamentary Counsel (5) Notice of the amendment or cancellation must be published— (a) in— (i) the Commonwealth Gazette; and (ii) a newspaper circulating generally throughout each participating jurisdiction; and (b) on the Regulator’s website. (6) The amendment or cancellation takes effect— (a) 28 days after the Commonwealth Gazette notice is published; 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 publishing a notice as mentioned in subsection (3) (immediate suspension notice), immediately suspend the exemption until the earliest of the following— (a) the Regulator publishes a notice under section 66(5) and the amendment or cancellation takes effect under section 66(6); (b) the Regulator cancels the suspension; (c) the end of 56 days after the day the immediate suspension notice is published. Annexure 2 -- 614 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 611 Authorised by the Chief Parliamentary Counsel (3) The immediate suspension notice, and (where relevant) notice of the cancellation of the suspension, must be published— (a) in— (i) the Commonwealth Gazette; and (ii) a newspaper circulating generally throughout each participating jurisdiction; and (b) on the Regulator’s website. (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. Annexure 2 -- 615 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 612 Authorised by the Chief Parliamentary Counsel 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; Annexure 2 -- 616 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 613 Authorised by the Chief Parliamentary Counsel (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). Annexure 2 -- 617 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 614 Authorised by the Chief Parliamentary Counsel 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 has imposed conditions on the exemption under section 71 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 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. Annexure 2 -- 618 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 615 Authorised by the Chief Parliamentary Counsel 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. Annexure 2 -- 619 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 616 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 620 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 617 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 621 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 618 Authorised by the Chief Parliamentary Counsel (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— Annexure 2 -- 622 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 619 Authorised by the Chief Parliamentary Counsel (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—$4000. (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—$4000. (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. Annexure 2 -- 623 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 620 Authorised by the Chief Parliamentary Counsel 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—$3000. (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—$3000. (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—$3000. (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 Annexure 2 -- 624 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 621 Authorised by the Chief Parliamentary Counsel (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—$3000. Annexure 2 -- 625 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 622 Authorised by the Chief Parliamentary Counsel (3) If the driver of a heavy vehicle commits an offence against subsection (2), each relevant party for the driver is taken to have committed an offence against this subsection. Maximum penalty—$3000. (4) A person charged with an offence against subsection (3) does not have the benefit of the mistake of fact defence for the offence. (5) However, in a proceeding for an offence against subsection (3), the person charged has the benefit of the reasonable steps defence for the offence. Note— See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. (6) In a proceeding for an offence against subsection (3)— (a) it is irrelevant whether or not the driver has been or will be proceeded against, or convicted of, the offence against subsection (2); and (b) evidence a court has convicted the driver of the offence against subsection (2) is evidence that the offence happened at the time and place, and in the circumstances, stated in the charge resulting in the conviction; and (c) evidence of details stated in an infringement notice issued for the offence against subsection (2) is evidence that the offence happened at the time and place, and in the circumstances, stated in the infringement notice. Annexure 2 -- 626 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 623 Authorised by the Chief Parliamentary Counsel (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—$3000. (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—$3000. Annexure 2 -- 627 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 624 Authorised by the Chief Parliamentary Counsel (3) If the driver of a heavy vehicle commits an offence against subsection (1), each relevant party for the driver is taken to have committed an offence against this subsection. Maximum penalty—$3000. (4) A person charged with an offence against subsection (3) does not have the benefit of the mistake of fact defence for the offence. (5) However, in a proceeding for an offence against subsection (3), the person charged has the benefit of the reasonable steps defence for the offence. Note— See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. (6) In a proceeding for an offence against subsection (3)— (a) it is irrelevant whether or not the driver has been or will be proceeded against, or convicted of, the offence against subsection (1); and (b) evidence a court has convicted the driver of the offence against subsection (1) is evidence that the offence happened at the time and place, and in the circumstances, stated in the charge resulting in the conviction; and (c) evidence of details stated in an infringement notice issued for the offence against subsection (1) is evidence that the offence happened at the time and place, and in the circumstances, stated in the infringement notice. Annexure 2 -- 628 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 625 Authorised by the Chief Parliamentary Counsel (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 3.3 Modifying heavy vehicles 84 Definition for Pt 3.3 In this Part— modification, of a heavy vehicle, means an alteration to the vehicle resulting in— (a) noncompliance with an applicable heavy vehicle standard; or (b) a departure from an applicable vehicle standards exemption, unless the departure brings the vehicle into full compliance with all relevant heavy vehicle standards (even if the departure complies with a particular heavy vehicle standard). 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—$3000. Annexure 2 -- 629 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 626 Authorised by the Chief Parliamentary Counsel (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—$3000. 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—$3000. (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— Annexure 2 -- 630 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 627 Authorised by the Chief Parliamentary Counsel (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 Annexure 2 -- 631 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 628 Authorised by the Chief Parliamentary Counsel (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. 88 National regulations for heavy vehicle modification The national regulations may provide for any matter relating to the modification of heavy vehicles. Part 3.4 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—$6000. (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. Annexure 2 -- 632 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 629 Authorised by the Chief Parliamentary Counsel (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—$3000. (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—$3000. (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—$3000. (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. Annexure 2 -- 633 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 630 Authorised by the Chief Parliamentary Counsel (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—$10000. (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—$10000. (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 Annexure 2 -- 634 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 631 Authorised by the Chief Parliamentary Counsel (b) is travelling on the most direct or convenient route to that place from the place where the journey began. (5) A person charged with an offence against subsection (1) does not have the benefit of the mistake of fact defence for the offence. (6) However, in a proceeding for an offence against subsection (1), the person charged has the benefit of the reasonable steps defence for the offence. Note— See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. (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. Annexure 2 -- 635 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 632 Authorised by the Chief Parliamentary Counsel 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—$3000. (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—$10000. (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—$10000. Annexure 2 -- 636 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 633 Authorised by the Chief Parliamentary Counsel (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—$10000. (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. (7) A person charged with an offence against subsection (1) does not have the benefit of the mistake of fact defence for the offence. (8) However, in a proceeding for an offence against subsection (1), the person charged has the benefit of the reasonable steps defence for the offence. Annexure 2 -- 637 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 634 Authorised by the Chief Parliamentary Counsel Note— See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. (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 4.1 Preliminary 94 Main purposes of Ch 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 Annexure 2 -- 638 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 635 Authorised by the Chief Parliamentary Counsel (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 limits for heavy vehicles, particular components of heavy vehicles, and loads on heavy vehicles; and (b) imposing restrictions about the size of heavy vehicles and the projections of loads on heavy vehicles; 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 limits, restrictions and 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 limits, restrictions and 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. Annexure 2 -- 639 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 636 Authorised by the Chief Parliamentary Counsel Part 4.2 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. (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— Annexure 2 -- 640 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 637 Authorised by the Chief Parliamentary Counsel (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 must not drive on a road a heavy vehicle that (together with its load) does not, or whose components do not, comply with the mass requirements applying to the vehicle. Annexure 2 -- 641 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 638 Authorised by the Chief Parliamentary Counsel Maximum penalty— (a) for a minor risk breach—$4000; or (b) for a substantial risk breach—$6000; or (c) for a severe risk breach—$10000, plus an additional maximum $500 for every additional 1% over a 120% overload (but so that the additional maximum penalty does not exceed $20000). (2) A person charged with an offence against subsection (1) does not have the benefit of the mistake of fact defence for the offence. (3) However, in a proceeding for an offence against subsection (1), the person charged has the benefit of the reasonable steps defence for the offence. Note— See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. (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. Division 2 Categories of breaches of mass requirements 97 Definitions for Div 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. Annexure 2 -- 642 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 639 Authorised by the Chief Parliamentary Counsel 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. Annexure 2 -- 643 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 640 Authorised by the Chief Parliamentary Counsel Part 4.3 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 Annexure 2 -- 644 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 641 Authorised by the Chief Parliamentary Counsel (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 must not drive on a road a heavy vehicle that (together with its load) does not, or whose components do not or whose load does not, comply with the dimension requirements applying to the vehicle. Maximum penalty— (a) if the heavy vehicle does not have goods or passengers in it—$3000; or (b) if the heavy vehicle has goods or passengers in it— (i) for a minor risk breach—$3000; or (ii) for a substantial risk breach—$5000; or (iii) for a severe risk breach—$10000. (2) A person charged with an offence against subsection (1) does not have the benefit of the mistake of fact defence for the offence. (3) However, in a proceeding for an offence against subsection (1), the person charged has the benefit of the reasonable steps defence for the offence. Note— See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. Annexure 2 -- 645 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 642 Authorised by the Chief Parliamentary Counsel (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 Div 2 This Division applies to a heavy vehicle only while it is carrying goods or passengers. 104 Definitions for Div 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 Annexure 2 -- 646 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 643 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 647 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 644 Authorised by the Chief Parliamentary Counsel 105 Minor risk breach A contravention of a dimension 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. 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. Annexure 2 -- 648 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 645 Authorised by the Chief Parliamentary Counsel (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 Annexure 2 -- 649 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 646 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 650 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 647 Authorised by the Chief Parliamentary Counsel (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—$3000. Annexure 2 -- 651 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 648 Authorised by the Chief Parliamentary Counsel Part 4.4 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 must not drive on a road a heavy vehicle that does not, or whose load does not, comply with the loading requirements applying to the vehicle. Maximum penalty— (a) for a minor risk breach—$3000; or (b) for a substantial risk breach—$5000; or (c) for a severe risk breach—$10000. (2) A person charged with an offence against subsection (1) does not have the benefit of the mistake of fact defence for the offence. (3) However, in a proceeding for an offence against subsection (1), the person charged has the benefit of the reasonable steps defence for the offence. Note— See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. Annexure 2 -- 652 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 649 Authorised by the Chief Parliamentary Counsel 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 Annexure 2 -- 653 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 650 Authorised by the Chief Parliamentary Counsel (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— (a) evidence that a load on a heavy vehicle was not placed, secured or restrained in a way that met a performance standard stated in the Load Restraint Guide as in force at the time of the offence is evidence the load was not placed, secured or restrained in compliance with a loading requirement applying to the vehicle; and Annexure 2 -- 654 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 651 Authorised by the Chief Parliamentary Counsel (b) evidence that a load, or part of a load, has fallen off a heavy vehicle is evidence that the load was not properly secured; and (c) a court must presume a document purporting to be the Load Restraint Guide as in force at the time of the offence is the Load Restraint Guide as in force at the time of the offence, until the contrary is proved. (2) In this section— Load Restraint Guide means a document of that name prepared by the National Transport Commission and published in the Commonwealth Gazette, from time to time. Note— The Load Restraint Guide may be accessed on the National Transport Commission’s website at <www.ntc.gov.au>. Part 4.5 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. Annexure 2 -- 655 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 652 Authorised by the Chief Parliamentary Counsel (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) can not be divided without extreme effort, expense or risk of damage to it; and (b) can not 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. Annexure 2 -- 656 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 653 Authorised by the Chief Parliamentary Counsel 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 carrying goods; 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 Part 4.7 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 Annexure 2 -- 657 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 654 Authorised by the Chief Parliamentary Counsel (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 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 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— Annexure 2 -- 658 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 655 Authorised by the Chief Parliamentary Counsel (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) The condition about the areas or routes to which the exemption applies may be imposed by stating that the areas or routes to which the exemption applies are the areas or routes shown on a stated map prepared by the relevant road authority and published by the Regulator. (3) If the condition about the areas or routes to which the exemption applies is imposed as mentioned in subsection (2)— (a) the Regulator or the relevant road authority may amend the stated map but only by omitting, varying, extending or adding areas or routes to which the exemption applies, including, for example, by adding additional areas or routes; and (b) the Regulator must ensure a copy of the stated map 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. (4) When amending the stated map, the Regulator must comply with the consent requirements of Part 4.7. (5) Without limiting the conditions that may be prescribed under subsection (1)(b), the national regulations may— Annexure 2 -- 659 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 656 Authorised by the Chief Parliamentary Counsel (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. (6) 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. 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; Annexure 2 -- 660 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 657 Authorised by the Chief Parliamentary Counsel (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 Annexure 2 -- 661 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 658 Authorised by the Chief Parliamentary Counsel 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 Part 4.7 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 Annexure 2 -- 662 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 659 Authorised by the Chief Parliamentary Counsel (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 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. Annexure 2 -- 663 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 660 Authorised by the Chief Parliamentary Counsel 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) if the Regulator has imposed conditions on the exemption under section 125(1)(a), (c) or (d) 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. Note— See sections 164 and 165 for the requirements for an information notice relating to the imposition of a road condition or travel condition at the request of a relevant road manager. (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; Annexure 2 -- 664 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 661 Authorised by the Chief Parliamentary Counsel (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—$6000. Annexure 2 -- 665 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 662 Authorised by the Chief Parliamentary Counsel (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—$6000. (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—$6000. (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. Annexure 2 -- 666 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 663 Authorised by the Chief Parliamentary Counsel (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—$6000. (3) If the driver of the pilot vehicle or escort vehicle commits an offence against subsection (2), the operator of the heavy vehicle is taken to have committed an offence against this subsection. Maximum penalty—$6000. Annexure 2 -- 667 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 664 Authorised by the Chief Parliamentary Counsel (4) In a proceeding for an offence against subsection (3)— (a) it is irrelevant whether or not the driver has been or will be proceeded against, or convicted of, the offence against subsection (2); and (b) evidence a court has convicted the driver of the offence against subsection (2) is evidence that the offence happened at the time and place, and in the circumstances, stated in the charge resulting in the conviction; and (c) evidence of details stated in an infringement notice issued for the offence against subsection (2) is evidence that the offence happened at the time and place, and in the circumstances, stated in the infringement notice. 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—$6000. Annexure 2 -- 668 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 665 Authorised by the Chief Parliamentary Counsel (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—$3000. (3) If the driver of a class 1 heavy vehicle or class 3 heavy vehicle commits an offence against subsection (2), each relevant party for the driver is taken to have committed an offence against this subsection. Maximum penalty—$3000. (4) A person charged with an offence against subsection (3) does not have the benefit of the mistake of fact defence for the offence. Annexure 2 -- 669 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 666 Authorised by the Chief Parliamentary Counsel (5) However, in a proceeding for an offence against subsection (3), the person charged has the benefit of the reasonable steps defence for the offence. Note— See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. (6) In a proceeding for an offence against subsection (3)— (a) it is irrelevant whether or not the driver has been or will be proceeded against, or convicted of, the offence against subsection (2); and (b) evidence a court has convicted the driver of the offence against subsection (2) is evidence that the offence happened at the time and place, and in the circumstances, stated in the charge resulting in the conviction; and (c) evidence of details stated in an infringement notice issued for the offence against subsection (2) is evidence that the offence happened at the time and place, and in the circumstances, stated in the infringement notice. (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. Annexure 2 -- 670 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 667 Authorised by the Chief Parliamentary Counsel 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—$3000. (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—$4000. (3) If the driver of a class 1 heavy vehicle or class 3 heavy vehicle commits an offence against subsection (1), each relevant party for the driver is taken to have committed an offence against this subsection. Maximum penalty—$3000. Annexure 2 -- 671 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 668 Authorised by the Chief Parliamentary Counsel (4) A person charged with an offence against subsection (3) does not have the benefit of the mistake of fact defence for the offence. (5) However, in a proceeding for an offence against subsection (3), the person charged has the benefit of the reasonable steps defence for the offence. Note— See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. (6) In a proceeding for an offence against subsection (3)— (a) it is irrelevant whether or not the driver has been or will be proceeded against, or convicted of, the offence against subsection (1); and (b) evidence a court has convicted the driver of the offence against subsection (1) is evidence that the offence happened at the time and place, and in the circumstances, stated in the charge resulting in the conviction; and (c) evidence of details stated in an infringement notice issued for the offence against subsection (1) is evidence that the offence happened at the time and place, and in the circumstances, stated in the infringement notice. (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 Annexure 2 -- 672 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 669 Authorised by the Chief Parliamentary Counsel (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—$3000. (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—$3000. (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. Annexure 2 -- 673 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 670 Authorised by the Chief Parliamentary Counsel Part 4.6 Restricting access to roads by large vehicles that are not overmass or oversize vehicles Division 1 Preliminary 135 Main purpose of Pt 4.6 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 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 Annexure 2 -- 674 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 671 Authorised by the Chief Parliamentary Counsel (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. 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—$6000. 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. Annexure 2 -- 675 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 672 Authorised by the Chief Parliamentary Counsel (2) An authorisation under subsection (1) is a class 2 heavy vehicle authorisation (notice). Note— See Division 3 of Part 4.7 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 authorisation (notice) A class 2 heavy vehicle authorisation (notice) may be subject to 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— (a) the Commonwealth Gazette notice for the authorisation; or Annexure 2 -- 676 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 673 Authorised by the Chief Parliamentary Counsel (b) an information sheet about the authorisation published by the Regulator on the Regulator’s website. Note— Section 160 requires the Regulator to impose certain road conditions, and section 161 requires the Regulator to impose certain travel conditions. 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; Annexure 2 -- 677 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 674 Authorised by the Chief Parliamentary Counsel (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) The Commonwealth Gazette notice may state that the areas or routes to which the authorisation applies are the areas or routes shown on a stated map prepared by the relevant road authority and published by the Regulator. (3) The Regulator must publish a copy of the Commonwealth Gazette notice on the Regulator’s website. (4) If the Commonwealth Gazette notice states the areas or routes to which the authorisation applies as mentioned in subsection (2)— (a) the Regulator or the relevant road authority may amend the stated map but only by omitting, varying or extending the areas or routes to which the authorisation applies, including, for example, by adding additional areas or routes; and (b) the Regulator must ensure a copy of the stated map 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. (5) When amending the stated map, the Regulator must comply with the consent requirements of Part 4.7. Annexure 2 -- 678 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 675 Authorised by the Chief Parliamentary Counsel (6) 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. 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 Part 4.7 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. Annexure 2 -- 679 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 676 Authorised by the Chief Parliamentary Counsel (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 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— Annexure 2 -- 680 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 677 Authorised by the Chief Parliamentary Counsel (i) conditions about 1 or more matters mentioned in Schedule 2; and (ii) without limiting subparagraph (i), intelligent access 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) if the Regulator has imposed conditions on the authorisation under section 146 or has granted the authorisation 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 authorisation for the shorter period. Note— See sections 164 and 165 for the requirements for an information notice relating to the imposition of a road condition or travel condition at the request of a relevant road manager. Annexure 2 -- 681 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 678 Authorised by the Chief Parliamentary Counsel (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). Annexure 2 -- 682 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 679 Authorised by the Chief Parliamentary Counsel 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—$6000. (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—$3000. (3) If the driver of a class 2 heavy vehicle commits an offence against subsection (2), each relevant party for the driver is taken to have committed an offence against this subsection. Maximum penalty—$3000. (4) A person charged with an offence against subsection (3) does not have the benefit of the mistake of fact defence for the offence. Annexure 2 -- 683 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 680 Authorised by the Chief Parliamentary Counsel (5) However, in a proceeding for an offence against subsection (3), the person charged has the benefit of the reasonable steps defence for the offence. Note— See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. (6) In a proceeding for an offence against subsection (3)— (a) it is irrelevant whether or not the driver has been or will be proceeded against, or convicted of, the offence against subsection (2); and (b) evidence a court has convicted the driver of the offence against subsection (2) is evidence that the offence happened at the time and place, and in the circumstances, stated in the charge resulting in the conviction; and (c) evidence of details stated in an infringement notice issued for the offence against subsection (2) is evidence that the offence happened at the time and place, and in the circumstances, stated in the infringement notice. (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. Annexure 2 -- 684 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 681 Authorised by the Chief Parliamentary Counsel 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—$3000. (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—$4000. (3) If the driver of a class 2 heavy vehicle commits an offence against subsection (1), each relevant party for the driver is taken to have committed an offence against this subsection. Maximum penalty—$3000. (4) A person charged with an offence against subsection (3) does not have the benefit of the mistake of fact defence for the offence. Annexure 2 -- 685 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 682 Authorised by the Chief Parliamentary Counsel (5) However, in a proceeding for an offence against subsection (3), the person charged has the benefit of the reasonable steps defence for the offence. Note— See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. (6) In a proceeding for an offence against subsection (3)— (a) it is irrelevant whether or not the driver has been or will be proceeded against, or convicted of, the offence against subsection (1); and (b) evidence a court has convicted the driver of the offence against subsection (1) is evidence that the offence happened at the time and place, and in the circumstances, stated in the charge resulting in the conviction; and (c) evidence of details stated in an infringement notice issued for the offence against subsection (1) is evidence that the offence happened at the time and place, and in the circumstances, stated in the infringement notice. (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. Annexure 2 -- 686 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 683 Authorised by the Chief Parliamentary Counsel 153 Keeping copy of PBS vehicle approval while driving under class 2 heavy vehicle authorisation (1) A driver of a class 2 heavy vehicle that is a PBS vehicle who is driving under a class 2 heavy vehicle authorisation must keep a copy of the PBS vehicle approval in the driver’s possession. Maximum penalty—$3000. (2) If the driver of a class 2 heavy vehicle commits an offence against subsection (1), each relevant party for the driver is taken to have committed an offence against this subsection. Maximum penalty—$3000. (3) A person charged with an offence against subsection (2) does not have the benefit of the mistake of fact defence for the offence. (4) However, in a proceeding for an offence against subsection (2), the person charged has the benefit of the reasonable steps defence for the offence. Note— See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. (5) In a proceeding for an offence against subsection (2)— (a) it is irrelevant whether or not the driver has been or will be proceeded against, or convicted of, the offence against subsection (1); and (b) evidence a court has convicted the driver of the offence against subsection (1) is evidence that the offence happened at the time and place, and in the circumstances, stated in the charge resulting in the conviction; and Annexure 2 -- 687 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 684 Authorised by the Chief Parliamentary Counsel (c) evidence of details stated in an infringement notice issued for the offence against subsection (1) is evidence that the offence happened at the time and place, and in the circumstances, stated in the infringement notice. (6) 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 4.7 Particular provisions about mass or dimension authorities Division 1 Preliminary 154 Definitions for Pt 4.7 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 Annexure 2 -- 688 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 685 Authorised by the Chief Parliamentary Counsel (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 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 Div 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. Annexure 2 -- 689 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 686 Authorised by the Chief Parliamentary Counsel 156 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 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. Annexure 2 -- 690 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 687 Authorised by the Chief Parliamentary Counsel (3) 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. (4) 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. (5) 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— Annexure 2 -- 691 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 688 Authorised by the Chief Parliamentary Counsel (a) identifying the road manager concerned; and (b) indicating the ground on which the road manager asked for a longer period. (6) 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. (2) The Regulator must— (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). Annexure 2 -- 692 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 689 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 693 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 690 Authorised by the Chief Parliamentary Counsel 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; Annexure 2 -- 694 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 691 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 695 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 692 Authorised by the Chief Parliamentary Counsel (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 Annexure 2 -- 696 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 693 Authorised by the Chief Parliamentary Counsel (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 (b) either— (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— Annexure 2 -- 697 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 694 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 698 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 695 Authorised by the Chief Parliamentary Counsel (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. 164 Information notice for imposition of road conditions requested by road manager (1) This section applies if— (a) the Regulator grants a mass or dimension authority by giving a person a permit; and (b) the authority is subject to a road condition required by a relevant road manager for the authority when consenting to the grant of the authority. (2) The information notice for the decision to impose the condition given to the person 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 consented to the mass or dimension authority on the condition that the road condition is imposed on the authority; (b) a written statement that explains the road manager’s decision to give the consent on the condition that the road condition be imposed on the authority and complies with section 172; (c) the review and appeal information for the road manager’s decision to give the consent on the condition that the road condition be imposed on the authority. Annexure 2 -- 699 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 696 Authorised by the Chief Parliamentary Counsel 165 Information notice for imposition of travel conditions requested by road manager (1) This section applies if— (a) the Regulator grants a mass or dimension authority by giving a person a permit; and (b) the authority is subject to a travel condition required by a relevant road manager for the authority when consenting to the grant of the authority. (2) The information notice for the decision to impose the condition given to the person 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 consented to the mass or dimension authority on the condition that the travel condition is imposed on the authority; (b) a written statement that explains the road manager’s decision to give the consent on the condition that the travel condition be imposed on the authority and complies with section 172; (c) the review and appeal information for the road manager’s decision to give the consent on the condition that the travel condition be imposed on the authority. 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. Annexure 2 -- 700 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 697 Authorised by the Chief Parliamentary Counsel (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). Annexure 2 -- 701 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 698 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 702 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 699 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 703 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 700 Authorised by the Chief Parliamentary Counsel (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 156); or Annexure 2 -- 704 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 701 Authorised by the Chief Parliamentary Counsel (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— (a) 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; and (b) identifies every document or part of a document that is relevant to the road manager’s decision and is— (i) in the road manager’s possession; or (ii) under the road manager’s control; or (iii) otherwise available to the road manager. Division 3 Amendment, cancellation or suspension of mass or dimension authority granted by Commonwealth Gazette notice 173 Amendment or cancellation on Regulator’s initiative (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. Annexure 2 -- 705 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 702 Authorised by the Chief Parliamentary Counsel (2) If the Regulator considers a ground exists to amend or cancel the mass or dimension authority, the Regulator may amend or cancel the authority by complying with subsections (3) to (5). (3) The Regulator must publish a notice in the Commonwealth Gazette, in a newspaper circulating generally throughout each relevant participating jurisdiction and on the Regulator’s website— (a) stating that the Regulator believes a ground exists to amend or cancel the authority; and (b) outlining the facts and circumstances forming the basis for the belief; and (c) stating the action the Regulator is proposing to take under this section (the proposed action); and (d) inviting persons who will be affected by the proposed action to make, within a stated time of at least 14 days after the Commonwealth Gazette notice is published, written representations about why the proposed action should not be taken. (4) If, after considering all written representations made under subsection (3)(d), the Regulator still considers a ground exists to take the proposed action, the Regulator may— (a) if the proposed action was to amend the mass or dimension authority—amend the authority in a way that is not substantially different from the proposed action, including, for example, by— (i) amending the areas or routes to which the authority applies; or (ii) amending the days or hours to which the authority applies; or Annexure 2 -- 706 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 703 Authorised by the Chief Parliamentary Counsel (iii) imposing additional vehicle conditions on the authority; or (b) if the proposed action was to cancel the mass or dimension authority— (i) amend the authority, including, for example, as mentioned in paragraph (a)(i), (ii) or (iii); or (ii) cancel the authority. (5) Notice of the amendment or cancellation must be published— (a) in— (i) the Commonwealth Gazette; and (ii) a newspaper circulating generally throughout each relevant participating jurisdiction; and (b) on the Regulator’s website; and (c) in any other newspaper the Regulator considers appropriate. Example for the purposes of paragraph (c)— If the mass or dimension authority relates to a particular part of a participating jurisdiction, the Regulator may consider it appropriate to publish the notice in a newspaper circulating generally in the part. (6) The amendment or cancellation takes effect— (a) 28 days after the Commonwealth Gazette notice is published under subsection (5); or (b) if a later time is stated in the Commonwealth Gazette notice, at the later time. Annexure 2 -- 707 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 704 Authorised by the Chief Parliamentary Counsel (7) In this section— relevant participating jurisdiction, for a mass or dimension authority, means a participating jurisdiction in which the whole or part of an area or route to which the authority applies is situated. 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— (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. Annexure 2 -- 708 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 705 Authorised by the Chief Parliamentary Counsel (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) Notice of the amendment or cancellation must be published— (a) in— (i) the Commonwealth Gazette; and (ii) a newspaper circulating generally throughout each relevant participating jurisdiction; and (b) on the Regulator’s website; and (c) in any other newspaper the Regulator considers appropriate. Example for the purposes of paragraph (c)— If the mass or dimension authority relates to a particular part of a participating jurisdiction, the Regulator may consider it appropriate to publish the notice in a newspaper circulating generally in the part. Annexure 2 -- 709 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 706 Authorised by the Chief Parliamentary Counsel (6) The amendment or cancellation takes effect— (a) 28 days after the Commonwealth Gazette notice is published under subsection (5); or (b) if a later time is stated in the Commonwealth Gazette notice, at the later time. (7) In this section— relevant participating jurisdiction, for a mass or dimension authority, means a participating jurisdiction in which the whole or part of an area or route to which the authority applies is situated. 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 publishing a notice as mentioned in subsection (3) (immediate suspension notice), immediately suspend the authority until the earliest of the following— (a) 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); (b) the Regulator cancels the suspension; (c) the end of 56 days after the day the immediate suspension notice is published. (3) The immediate suspension notice, and (where relevant) notice of the cancellation of the suspension, must be published— Annexure 2 -- 710 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 707 Authorised by the Chief Parliamentary Counsel (a) in— (i) the Commonwealth Gazette; and (ii) a newspaper circulating generally throughout each relevant participating jurisdiction; and (b) on the Regulator’s website; and (c) in any other newspaper the Regulator considers appropriate. Example for the purposes of paragraph (c)— If the mass or dimension authority relates to a particular part of a participating jurisdiction, the Regulator may consider it appropriate to publish the notice in a newspaper circulating generally in the part. (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. (6) In this section— relevant participating jurisdiction, for a mass or dimension authority, means a participating jurisdiction in which the whole or part of an area or route to which the authority applies is situated. 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. Annexure 2 -- 711 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 708 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 712 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 709 Authorised by the Chief Parliamentary Counsel (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. (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. 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; Annexure 2 -- 713 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 710 Authorised by the Chief Parliamentary Counsel (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 Annexure 2 -- 714 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 711 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 715 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 712 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 716 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 713 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 717 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 714 Authorised by the Chief Parliamentary Counsel 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 provide the relevant road manager with notice of the amendment. 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—$4000. (4) If the mass or dimension authority has been amended, the Regulator must give the person a replacement permit for the authority as amended. Annexure 2 -- 718 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 715 Authorised by the Chief Parliamentary Counsel 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—$4000. (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 4.8 Extended liability 183 Liability of employer etc. for contravention of mass, dimension or loading requirement (1) This section applies to an offence against section 96, 102 or 111 (a relevant offence). (2) If a relevant offence is committed in relation to a heavy vehicle, each of the following persons is taken to have committed an offence against this subsection— (a) an employer of the driver of the vehicle if the driver is an employed driver; (b) a prime contractor of the driver of the vehicle if the driver is a self-employed driver; (c) an operator of the vehicle or, if it is a combination, an operator of a vehicle in the combination; (d) a consignor of any goods for road transport using the vehicle that are in the vehicle; Annexure 2 -- 719 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 716 Authorised by the Chief Parliamentary Counsel (e) a packer of any goods in the vehicle; (f) a loading manager for any goods in the vehicle; (g) a loader of any goods in the vehicle. Maximum penalty for an offence against this subsection—an amount equal to the maximum penalty for the relevant offence. (3) A person charged with an offence against subsection (2) does not have the benefit of the mistake of fact defence for the offence. (4) However, in a proceeding for an offence against subsection (2), the person charged has the benefit of the reasonable steps defence for the offence. Note— See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. (5) In a proceeding for an offence against subsection (2)— (a) it is irrelevant whether or not the driver has been or will be proceeded against, or convicted of, the relevant offence; and (b) evidence a court has convicted the driver of the relevant offence is evidence that the offence happened at the time and place, and in the circumstances, stated in the charge resulting in the conviction; and (c) evidence of details stated in an infringement notice issued for the relevant offence is evidence that the offence happened at the time and place, and in the circumstances, stated in the infringement notice. Annexure 2 -- 720 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 717 Authorised by the Chief Parliamentary Counsel Part 4.9 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—$3000. (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—$6000. (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—$6000. Annexure 2 -- 721 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 718 Authorised by the Chief Parliamentary Counsel (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) Each consignor of the goods commits an offence if the transport documentation for the consignment in so far as it relates to the mass, dimension or loading of any or all of the goods is false or misleading in a material particular. Maximum penalty—$10000. (3) Each packer of the goods commits an offence if— (a) the goods are packed in Australia in a freight container or other container, or in a package or on a pallet, for road transport; and (b) the transport documentation for the consignment in so far as it relates to the mass, dimension or loading of any or all of the goods is false or misleading in a material particular. Maximum penalty—$10000. (4) Each loading manager for, or loader of, the goods commits an offence if— (a) the goods are loaded onto a heavy vehicle for road transport; and Annexure 2 -- 722 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 719 Authorised by the Chief Parliamentary Counsel (b) the transport documentation for the consignment in so far as it relates to the mass, dimension or loading of any or all of the goods is false or misleading in a material particular. Maximum penalty—$10000. (5) Each receiver of the goods in Australia commits an offence if— (a) the goods are packed outside Australia in a freight container or other container, or in a package or on a pallet, for road transport; and (b) the transport documentation for the consignment in so far as it relates to the mass, dimension or loading of any or all of the goods is false or misleading in a material particular. Maximum penalty—$10000. (6) A person charged with an offence against subsection (2), (3), (4) or (5) does not have the benefit of the mistake of fact defence for the offence. (7) However, in a proceeding for an offence against subsection (2), (3), (4) or (5), the person charged has the benefit of the reasonable steps defence for the offence. Note— See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. (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. Annexure 2 -- 723 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 720 Authorised by the Chief Parliamentary Counsel (9) In this section— 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 commits an offence if— (a) the responsible entity gives the container to an operator of a heavy vehicle; and (b) the container weight declaration for the container contains information that is false or misleading in a material particular. Maximum penalty—$10000. (3) An operator of a heavy vehicle commits an offence if— (a) the operator arranges for the freight container to be transported by road using the vehicle; and (b) the container weight declaration for the container given to the vehicle’s driver contains information that is false or misleading in a material particular. Maximum penalty—$10000. Annexure 2 -- 724 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 721 Authorised by the Chief Parliamentary Counsel (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. (5) A person charged with an offence against subsection (2) or (3) does not have the benefit of the mistake of fact defence for the offence. (6) However, in a proceeding for an offence against subsection (2) or (3), the person charged has the benefit of the reasonable steps defence for the offence. Note— See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. (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 Div 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— Annexure 2 -- 725 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 722 Authorised by the Chief Parliamentary Counsel (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; and (c) 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— (i) examining documents located in the heavy vehicle on which the freight container is loaded or to be loaded; or (ii) obtaining the information by radio or mobile telephone or by other means. 190 Duty of responsible entity (1) The responsible entity for the freight container must not permit an operator or driver of a heavy vehicle to transport the freight container by road using the vehicle unless the operator or driver has been provided with a complying container weight declaration for the freight container. Maximum penalty—$6000. (2) A person charged with an offence against subsection (1) does not have the benefit of the mistake of fact defence for the offence. Annexure 2 -- 726 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 723 Authorised by the Chief Parliamentary Counsel (3) However, in a proceeding for an offence against subsection (1), the person charged has the benefit of the reasonable steps defence for the offence. Note— See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 191 Duty of operator (1) An operator of a heavy vehicle must not permit the vehicle’s driver to transport the freight container by road using the vehicle unless the driver has been provided with a complying container weight declaration for the freight container. Maximum penalty—$6000. (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 proves that the driver was provided with the declaration before the driver started transporting the freight container. (3) If the freight container is to be transported partly by a person (a carrier) by a means other than by road using a heavy vehicle, an operator of a heavy vehicle must not give the freight container to the carrier unless the carrier has been provided with— (a) a complying container weight declaration for the freight container; or (b) the prescribed particulars contained in a complying container weight declaration for the freight container. Maximum penalty—$6000. (4) A person charged with an offence against subsection (1) or (3) does not have the benefit of the mistake of fact defence for the offence. Annexure 2 -- 727 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 724 Authorised by the Chief Parliamentary Counsel (5) However, in a proceeding for an offence against subsection (1) or (3), the person charged has the benefit of the reasonable steps defence for the offence. Note— See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. (6) In this section— 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 unless the person has a complying container weight declaration for the container. Maximum penalty—$6000. (2) The driver of a heavy vehicle loaded with the freight container must, 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 enables the information in the declaration to be readily available to an authorised officer who seeks to ascertain it while in the presence of the freight container. Maximum penalty—$3000. Annexure 2 -- 728 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 725 Authorised by the Chief Parliamentary Counsel (3) A person charged with an offence against subsection (1) or (2) does not have the benefit of the mistake of fact defence for the offence. (4) However, in a proceeding for an offence against subsection (1) or (2), the person charged has the benefit of the reasonable steps defence for the offence. Note— See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 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 commits an offence if the weight of the container exceeds the maximum gross weight marked on the container or the container’s safety approval plate. Maximum penalty—$10000. (3) A person charged with an offence against subsection (2) does not have the benefit of the mistake of fact defence for the offence. (4) However, in a proceeding for an offence against subsection (2), the person charged has the benefit of the reasonable steps defence for the offence. Note— See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. Annexure 2 -- 729 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 726 Authorised by the Chief Parliamentary Counsel (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. 194 Conduct of consignee resulting or potentially resulting in contravention of mass, dimension or loading requirement (1) A person who is a consignee of goods consigned for road transport using a heavy vehicle commits an offence if— (a) the person does an act or makes an omission; and (b) the doing of the act or making of the omission results, or is likely to result, in inducing or rewarding a contravention of a mass, dimension or loading requirement; and (c) the person— (i) intends that result; or (ii) is reckless or negligent as to the matter mentioned in paragraph (b). Maximum penalty—$10000. (2) Without limiting subsection (1)(c)(i), the person is taken to have intended the result mentioned in subsection (1)(b) if the person knew or ought reasonably to have known that— (a) a container weight declaration for the container in which the goods were consigned was not given as required by this Law; or Annexure 2 -- 730 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 727 Authorised by the Chief Parliamentary Counsel (b) a container weight declaration given for the container contained information about the weight of the container and its contents that was false or misleading in a material particular. Part 4.10 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 Annexure 2 -- 731 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 728 Authorised by the Chief Parliamentary Counsel (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 Part 4.5, including, for example, a requirement to comply with a condition of an exemption under that Part; or (d) a requirement under Part 4.6, including, for example, a requirement to comply with a condition of an authorisation under that Part. Annexure 2 -- 732 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 729 Authorised by the Chief Parliamentary Counsel 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. Annexure 2 -- 733 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 730 Authorised by the Chief Parliamentary Counsel 199 Recovery of losses for provision of inaccurate container weight declaration (1) This section applies if— (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 in a material particular 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. Annexure 2 -- 734 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 731 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 735 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 732 Authorised by the Chief Parliamentary Counsel 200 Recovery by responsible entity of amount paid under s 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. Annexure 2 -- 736 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 733 Authorised by the Chief Parliamentary Counsel (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 5 Vehicle operations— speeding Part 5.1 Preliminary 202 Main purpose of Ch 5 The main purpose of this Chapter is to improve public safety and compliance with Australian road laws by imposing responsibility for speeding by heavy vehicles on persons whose business activities influence the conduct of the drivers of heavy vehicles. 203 Outline of the main features of Ch 5 This Chapter— (a) requires persons who are most directly responsible for the use of a heavy vehicle to take reasonable steps to ensure their activities do not cause the vehicle’s driver to exceed speed limits; and (b) requires anyone who schedules the activities of a heavy vehicle, or its driver, to take reasonable steps to ensure the schedule for the vehicle’s driver does not cause the driver to exceed speed limits; and (c) requires loading managers to take reasonable steps to ensure the arrangements for loading goods onto and unloading goods from a heavy vehicle do not cause the vehicle’s driver to exceed speed limits; and Annexure 2 -- 737 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 734 Authorised by the Chief Parliamentary Counsel (d) requires particular persons who consign goods for transport by a heavy vehicle, or who receive the goods, to take reasonable steps to ensure the terms of consignment of the goods do not cause the vehicle’s driver to exceed speed limits; and (e) prohibits anyone from asking the driver of a heavy vehicle to exceed speed limits and from entering into an agreement that causes the driver of a heavy vehicle to exceed speed limits; and (f) imposes liability on persons who are most directly responsible for the use of a heavy vehicle for offences committed by the vehicle’s driver exceeding speed limits. Part 5.2 Particular duties and offences Division 1 Employers, prime contractors and operators 204 Duty of employer, prime contractor or operator to ensure business practices will not cause driver to exceed speed limit (1) A relevant party for the driver of a heavy vehicle must take all reasonable steps to ensure the relevant party’s business practices will not cause the driver to exceed a speed limit applying to the driver. Examples of reasonable steps— • regular consultation with other parties in the chain of responsibility, unions and industry associations to address compliance issues • reviewing driving, work and trip records Annexure 2 -- 738 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 735 Authorised by the Chief Parliamentary Counsel • a program to report and monitor (for example, by GPS tracking) incidents of speeding and related risks and hazards • training and information about speeding for drivers of heavy vehicles, staff and parties in the chain of responsibility for heavy vehicles (within the meaning given by section 214) • regular maintenance of vehicle components that relate to complying with speed limits (for example, speedometer, engine management system and speed limiters) Maximum penalty—$10000. Notes— 1 Section 622 sets out some of the factors a court may consider in deciding whether a person has taken all reasonable steps. 2 Section 623 sets out 1 method by which an employer, prime contractor and operator can take all reasonable steps for the purposes of this section. (2) A person charged with an offence against subsection (1) does not have the benefit of the mistake of fact defence for the offence. (3) In this section— business practices, of a relevant party for the driver of a heavy vehicle, means the practices of the relevant party in running the relevant party’s business, and includes each of the following— (a) the operating policies and procedures of the business; (b) the human resource and contract management arrangements of the business; (c) arrangements for managing safety. Annexure 2 -- 739 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 736 Authorised by the Chief Parliamentary Counsel relevant party, for the driver of a heavy vehicle, means any of the following— (a) an employer of the driver if the driver is an employed driver; (b) a prime contractor of the driver if the driver is a self-employed driver; (c) an operator of the vehicle if the driver is making or is to make a journey for the operator. 205 Duty of employer not to cause driver to drive if particular requirements not complied with (1) An employer of an employed driver of a heavy vehicle must not cause the driver to drive the heavy vehicle unless— (a) the employer has complied with section 204; and (b) the employer is reasonably satisfied each scheduler for the vehicle has complied with sections 207 and 208. Maximum penalty—$4000. (2) A person charged with an offence against subsection (1) does not have the benefit of the mistake of fact defence for the offence. 206 Duty of prime contractor or operator not to cause driver to drive if particular requirements not complied with (1) This section applies to— (a) a prime contractor of a self-employed driver of a heavy vehicle (the driver); and (b) an operator of a heavy vehicle that is to be driven by someone else (also the driver). Annexure 2 -- 740 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 737 Authorised by the Chief Parliamentary Counsel (2) The prime contractor, or operator, must not cause the driver to drive the heavy vehicle unless— (a) the prime contractor, or operator, has complied with section 204; and (b) the prime contractor, or operator, is reasonably satisfied each scheduler for the vehicle has complied with sections 207 and 208. Maximum penalty—$4000. (3) A person charged with an offence against subsection (2) does not have the benefit of the mistake of fact defence for the offence. Division 2 Schedulers 207 Duty to ensure driver’s schedule will not cause driver to exceed speed limit (1) A scheduler for a heavy vehicle must take all reasonable steps to ensure the schedule for the vehicle’s driver will not cause the driver to exceed a speed limit applying to the driver. Examples of reasonable steps— • consulting drivers about their schedules and work requirements • taking account of the average speed that can be travelled lawfully on scheduled routes • allowing for traffic conditions or other delays in schedules • contingency planning concerning schedules Maximum penalty—$10000. Notes— 1 Section 622 sets out some of the factors a court may consider in deciding whether a person has taken all reasonable steps. Annexure 2 -- 741 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 738 Authorised by the Chief Parliamentary Counsel 2 Section 623 sets out 1 method by which a scheduler for a heavy vehicle can take all reasonable steps for the purposes of this section. (2) A person charged with an offence against subsection (1) does not have the benefit of the mistake of fact defence for the offence. 208 Duty not to cause driver to drive if particular requirements not complied with (1) A scheduler for a heavy vehicle must not cause the vehicle’s driver to drive the vehicle unless— (a) the scheduler has complied with section 207; and (b) the driver’s schedule for driving the vehicle allows— (i) for compliance with all speed limits; and (ii) for the driver to take all required rest in compliance with all laws regulating the driver’s work times and rest times; and (iii) for traffic conditions and other delays that could reasonably be expected. Examples for the purposes of subparagraph (iii)— • the actual average speed able to be travelled lawfully and safely by the driver on the route to be travelled by the heavy vehicle • known traffic conditions, for example, road works or traffic congestion on the route • delays caused by loading, unloading or queuing Maximum penalty—$4000. (2) A person charged with an offence against subsection (1) does not have the benefit of the mistake of fact defence for the offence. Annexure 2 -- 742 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 739 Authorised by the Chief Parliamentary Counsel Division 3 Loading managers 209 Duty to ensure loading arrangements will not cause driver to exceed speed limit (1) A loading manager for goods in heavy vehicles must take all reasonable steps to ensure the arrangements for loading goods onto and unloading goods from heavy vehicles will not cause the driver of a heavy vehicle to exceed a speed limit applying to the driver. Examples of reasonable steps— • reviewing loading and unloading times and delays at loading and unloading places • identifying potential loading and unloading congestion in consultation with drivers and other parties in the chain of responsibility • having a system of setting and allocating loading and unloading times the driver can reasonably rely on allowing loading and unloading to happen at an agreed time Maximum penalty—$10000. Notes— 1 Section 622 sets out some of the factors a court may consider in deciding whether a person has taken all reasonable steps. 2 Section 623 sets out 1 method by which a loading manager can take all reasonable steps for the purposes of this section. (2) A person charged with an offence against subsection (1) does not have the benefit of the mistake of fact defence for the offence. Annexure 2 -- 743 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 740 Authorised by the Chief Parliamentary Counsel Division 4 Particular consignors and consignees 210 Consignors to whom Div 4 applies This Division applies to a person (a commercial consignor) who engages a particular operator of a heavy vehicle, either directly or through an agent or other intermediary, to transport goods for the person by road for commercial purposes. 211 Consignees to whom Div 4 applies This Division applies only to a consignee of goods— (a) who has consented to being, and is named or otherwise identified as, the intended consignee of goods in the transport documentation relating to the transport of the goods by road by a particular operator of a heavy vehicle; and (b) who knows, or who ought reasonably to know, that the goods are to be transported by road. Note— See section 632 for the matters a court may consider when deciding whether a person ought reasonably to have known something. 212 Duty to ensure terms of consignment will not cause driver to exceed speed limit etc. (1) A commercial consignor or a consignee of goods must take all reasonable steps to ensure the terms of consignment will not cause the relevant driver to exceed a speed limit applying to the driver. Maximum penalty—$10000. (2) A commercial consignor or a consignee of goods must take all reasonable steps to ensure the terms of consignment will not cause a relevant party for the Annexure 2 -- 744 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 741 Authorised by the Chief Parliamentary Counsel relevant driver to cause the driver to exceed a speed limit applying to the driver. Examples of reasonable steps for the purposes of subsections (1) and (2)— • ensuring contractual arrangements and documentation for the consignment and delivery of goods enable speed limit compliance • contingency planning concerning consignments and delivery times • regular consultation with other parties in the chain of responsibility, unions and industry associations to address compliance issues Maximum penalty—$10000. Notes for the purposes of subsections (1) and (2)— 1 Section 622 sets out some of the factors a court may consider in deciding whether a person has taken all reasonable steps. 2 Section 623 sets out 1 method by which a consignor or consignee can take all reasonable steps for the purposes of subsection (1) or (2). (3) A person charged with an offence against subsection (1) or (2) does not have the benefit of the mistake of fact defence for the offence. (4) In this section— relevant driver, for consigned goods, means the driver of the heavy vehicle by which the goods are to be or are being transported. relevant party, for the relevant driver for consigned goods, 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 Annexure 2 -- 745 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 742 Authorised by the Chief Parliamentary Counsel (c) an operator of the heavy vehicle by which the goods are transported if the driver is to make, or is making, a journey for the operator. 213 Duty not to make a demand that may result in driver exceeding the speed limit A commercial consignor or a consignee of goods must not make a demand that affects, or may affect, a time in a schedule for the transport of the consigned goods unless— (a) the consignor or consignee has complied with section 212; and (b) the consignor or consignee is reasonably satisfied the making of the demand will not cause a person to contravene section 207 or 208. Maximum penalty—$6000. Division 5 Particular requests etc. and contracts etc. prohibited 214 Who is a party in the chain of responsibility (1) For the purposes of this Division, each of the following persons is a party in the chain of responsibility for a heavy vehicle— (a) an employer of the vehicle’s driver if the driver is an employed driver; (b) a prime contractor for the vehicle’s driver if the driver is a self-employed driver; (c) an operator of the vehicle; (d) a scheduler for the vehicle; (e) a loading manager for any goods in the vehicle; Annexure 2 -- 746 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 743 Authorised by the Chief Parliamentary Counsel (f) a commercial consignor of any goods for transport by the vehicle that are in the vehicle; (g) a consignee of any goods in the vehicle, if Division 4 applies to the consignee. Note— The exercise of any of these functions, whether exclusively or occasionally, decides whether a person falls within any of these definitions, rather than the person’s job title or contractual description. (2) A person may be a party in the chain of responsibility for a heavy vehicle in more than 1 capacity. Example— A person may be simultaneously the driver’s employer, an operator and a consignor of goods in relation to a heavy vehicle and be subject to duties in each of the capacities. 215 Particular requests etc. prohibited 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 for a heavy vehicle, to do something the person knows, or ought reasonably to know, would have the effect of causing the driver to exceed a speed limit applying to the driver. Example of a requirement that contravenes this section— a requirement that the driver complete a journey in a time the person knows or ought reasonably to know can not be complied with unless the driver exceeds the speed limit or does not have all the rest time the driver is required to have under a minimum rest requirement Maximum penalty—$10000. Note— See section 632 for the matters a court may consider when deciding whether a person ought reasonably to have known something. Annexure 2 -- 747 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 744 Authorised by the Chief Parliamentary Counsel 216 Particular contracts etc. prohibited (1) A person must not enter into a contract or other agreement with the driver of a heavy vehicle, or with a party in the chain of responsibility for a heavy vehicle, that the person knows, or ought reasonably to know, would have the effect of causing the vehicle’s driver to exceed a speed limit applying to the driver. Maximum penalty—$10000. (2) A person must not enter into a contract or other agreement with the driver of a heavy vehicle, or with a party in the chain of responsibility for a heavy vehicle, that the person knows, or ought reasonably to know, would encourage or provide an incentive for the vehicle’s driver, or a party in the chain of responsibility for the vehicle to cause the vehicle’s driver, to exceed a speed limit applying to the driver. Maximum penalty—$10000. Notes for the purposes of subsections (1) and (2)— 1 See section 632 for the matters a court may consider when deciding whether a person ought reasonably to have known something. 2 See also section 742, which provides that particular contracts or other agreements are void. Division 6 Provisions about offences against this Part 217 Objective reasonableness test to be used in deciding causation (1) This section applies in relation to a proceeding for an offence against this Part that may be committed by a person failing to take all reasonable steps to ensure someone else does not drive a heavy vehicle Annexure 2 -- 748 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 745 Authorised by the Chief Parliamentary Counsel in excess of a speed limit applying to the vehicle’s driver (prohibited act). (2) For the purposes of subsection (1), a person failing to take all reasonable steps to ensure someone else does not do a prohibited act includes— (a) the person failing to take reasonable steps to ensure the other person does not do the prohibited act; and (b) the person failing to take reasonable steps to ensure the person’s activities, or anything arising out of the person’s activities, do not— (i) cause the other person to do the prohibited act; or (ii) result in the other person doing the prohibited act; or (iii) provide an incentive for the other person to do the prohibited act. (3) Subsection (4) applies if— (a) a person does an act or makes an omission; and (b) as a result of the act or omission someone else does a prohibited act. (4) A court may find the person caused the other person to do the prohibited act if the court is satisfied a reasonable person would have foreseen that the person’s act or omission would be reasonably likely to cause the other person to do the prohibited act. 218 Commission of speeding offence is irrelevant to Pt 5.2 prosecution In a prosecution for an offence against this Part, it is not necessary to prove the driver of the heavy vehicle exceeded a speed limit applying to the driver. Annexure 2 -- 749 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 746 Authorised by the Chief Parliamentary Counsel Part 5.3 Extended liability 219 Liability of employer etc. for speeding offence (1) If a speeding offence is committed in relation to a heavy vehicle, each of the following persons is taken to have committed an offence against this subsection— (a) an employer of the driver if the driver is an employed driver; (b) a prime contractor of the driver if the driver is a self-employed driver; (c) an operator of the vehicle if the driver is making a journey for the operator. Maximum penalty— (a) if the speeding offence involves the driver of a heavy vehicle exceeding a speed limit of 50km/h or 60km/h—$3000; or (b) if the speeding offence involves the driver of a heavy vehicle exceeding a speed limit of 70km/h or 80km/h— (i) by less than 15km/h—$3000; or (ii) by 15km/h or more—$5000; or (c) if the speeding offence involves the driver of a heavy vehicle other than a road train exceeding a speed limit of 90km/h— (i) by less than 15km/h—$3000; or (ii) by 15km/h or more—$5000; or (d) if the speeding offence involves the driver of a road train exceeding a speed limit of 90km/h— (i) by less than 15km/h—$5000; or (ii) by 15km/h or more—$10000; or Annexure 2 -- 750 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 747 Authorised by the Chief Parliamentary Counsel (e) if the speeding offence involves the driver of a heavy vehicle exceeding a speed limit of 100km/h or more— (i) by less than 15km/h—$5000; or (ii) by 15km/h or more—$10000. (2) A person charged with an offence against subsection (1) does not have the benefit of the mistake of fact defence for the offence. (3) However, in a proceeding for an offence against subsection (1), the person charged has the benefit of the reasonable steps defence for the offence. Note— See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. (4) In a proceeding for an offence against subsection (1)— (a) it is irrelevant whether or not the driver has been or will be proceeded against, or convicted of, the speeding offence; and (b) evidence a court has convicted the driver of the speeding offence is evidence that the offence happened at the time and place, and in the circumstances, stated in the charge resulting in the conviction; and (c) evidence of details stated in an infringement notice issued for the speeding offence is evidence that the offence happened at the time and place, and in the circumstances, stated in the infringement notice. (5) In this section— speeding offence means an offence committed by the driver of a heavy vehicle because the driver exceeded a speed limit applying to the driver. Annexure 2 -- 751 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 748 Authorised by the Chief Parliamentary Counsel Chapter 6 Vehicle operations— driver fatigue Part 6.1 Preliminary 220 Main purpose of Ch 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. Annexure 2 -- 752 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 749 Authorised by the Chief Parliamentary Counsel 221 Definitions for Ch 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. Annexure 2 -- 753 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 750 Authorised by the Chief Parliamentary Counsel 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. Annexure 2 -- 754 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 751 Authorised by the Chief Parliamentary Counsel 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 means a device that— (a) is, or is part of, an approved electronic recording system; and (b) is fitted to or used in a fatigue-regulated heavy vehicle; and (c) has attached to it an electronic work diary label relating to the approval. electronic work diary label means a label that— (a) indicates that the device to which it is attached is, or is part of, an approved electronic recording system; and (b) states the number of the certificate of approval issued by the Regulator for the approved electronic recording system; and (c) is in a form approved by the Regulator. entry, in a work record, means anything written 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. Annexure 2 -- 755 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 752 Authorised by the Chief Parliamentary Counsel intelligent access 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 (including sections 227, 238, 239 and 261). 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 Annexure 2 -- 756 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 753 Authorised by the Chief Parliamentary Counsel 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 6a.m. 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. party in the chain of responsibility, for a fatigue- regulated heavy vehicle, has the meaning given by section 227. 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. Annexure 2 -- 757 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 754 Authorised by the Chief Parliamentary Counsel 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. Annexure 2 -- 758 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 755 Authorised by the Chief Parliamentary Counsel 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 Annexure 2 -- 759 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 756 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 760 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 757 Authorised by the Chief Parliamentary Counsel 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 Part 6.4, 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, 3, 8 or 8A of Part 6.4; 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. Annexure 2 -- 761 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 758 Authorised by the Chief Parliamentary Counsel (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 6.2 Duties relating to fatigue Division 1 Preliminary 223 What is fatigue (1) Fatigue includes (but is not limited to)— (a) feeling sleepy; and (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. Annexure 2 -- 762 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 759 Authorised by the Chief Parliamentary Counsel 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; Annexure 2 -- 763 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 760 Authorised by the Chief Parliamentary Counsel (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. 227 Who is a party in the chain of responsibility (1) Each of the following persons is a party in the chain of responsibility for a fatigue-regulated heavy vehicle— (a) an employer of the vehicle’s driver; (b) a prime contractor for the vehicle’s driver; (c) an operator of the vehicle; (d) a scheduler for the vehicle; (e) a consignor of any goods for transport by the vehicle that are in the vehicle; Annexure 2 -- 764 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 761 Authorised by the Chief Parliamentary Counsel (f) a consignee of any goods in the vehicle; (g) a loading manager for any goods in the vehicle; (h) a loader of any goods in the vehicle; (i) an unloader of any goods in the vehicle. (2) A person may be a party in the chain of responsibility for a fatigue-regulated heavy vehicle in more than 1 capacity. Example— A person may be simultaneously a driver’s employer, an operator and a consignor of goods in relation to a fatigue- regulated heavy vehicle, and be subject to duties in each of the capacities. Division 2 Duty to avoid and prevent 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—$6000. (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. Annexure 2 -- 765 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 762 Authorised by the Chief Parliamentary Counsel (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. 229 Duty of party in the chain of responsibility to prevent driver driving while fatigued (1) A party in the chain of responsibility (a party) for a fatigue-regulated heavy vehicle must take all reasonable steps to ensure a person (the other person) does not drive the vehicle on a road while the other person is impaired by fatigue. Maximum penalty—$10000. (2) In relation to proof of whether a party took all reasonable steps to ensure the other person did not drive the vehicle on a road while impaired by fatigue, in a proceeding for an offence against subsection (1)— (a) evidence that, at the relevant time, the party complied with a prescribed fatigue duty under another law is evidence the party took the reasonable steps; and Annexure 2 -- 766 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 763 Authorised by the Chief Parliamentary Counsel (b) if the party is an operator of the fatigue- regulated heavy vehicle—evidence that, at the relevant time, the party, in that capacity, complied with the conditions of the operator’s BFM accreditation or AFM accreditation is evidence the party, in that capacity, took the reasonable steps. (3) In a proceeding for an offence against subsection (1), it is not necessary for the prosecution to prove that the other person drove, or would or may have driven, the vehicle on a road while impaired by fatigue. (4) A person charged with an offence against subsection (1) does not have the benefit of the mistake of fact defence for the offence. (5) In this section— prescribed fatigue duty under another law means a duty under another law of a participating jurisdiction prescribed by the national regulations. Division 3 Additional duties of employers, prime contractors and operators 230 Duty of employer, prime contractor or operator to ensure business practices will not cause driver to drive while fatigued etc. (1) A relevant party for the driver of a fatigue- regulated heavy vehicle must take all reasonable steps to ensure the relevant party’s business practices will not cause the driver to— (a) drive while impaired by fatigue; or (b) drive while in breach of the driver’s work and rest hours option; or Annexure 2 -- 767 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 764 Authorised by the Chief Parliamentary Counsel (c) drive in breach of another law to avoid driving while impaired by fatigue or while in breach of the driver’s work and rest hours option. Maximum penalty—$6000. (2) A person charged with an offence against subsection (1) does not have the benefit of the mistake of fact defence for the offence. (3) In this section— business practices, of a relevant party for the driver of a fatigue-regulated heavy vehicle, means the practices of the relevant party in running the relevant party’s business, and includes— (a) the operating policies and procedures of the business; and (b) the human resource and contract management arrangements of the business; and (c) arrangements for managing safety. 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, or is to make, a journey for the operator. Annexure 2 -- 768 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 765 Authorised by the Chief Parliamentary Counsel 231 Duty of employer not to cause driver to drive if particular requirements not complied with (1) An employer of an employed driver of a fatigue- regulated heavy vehicle must not cause the driver to drive the vehicle unless— (a) the employer has complied with section 230; and (b) the employer, after making reasonable inquiries, is satisfied each scheduler for the vehicle has complied with Division 4. Maximum penalty—$4000. (2) A person charged with an offence against subsection (1) does not have the benefit of the mistake of fact defence for the offence. 232 Duty of prime contractor or operator not to cause driver to drive if particular requirements not complied with (1) This section applies to— (a) a prime contractor of a self-employed driver (the driver) of a fatigue-regulated heavy vehicle; and (b) an operator of a fatigue-regulated heavy vehicle being driven by someone else (also the driver). (2) The prime contractor or operator must not cause the driver to drive the fatigue-regulated heavy vehicle, or enter into a contract or other agreement with the driver to that effect, unless— (a) the prime contractor or operator has complied with section 230; and Annexure 2 -- 769 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 766 Authorised by the Chief Parliamentary Counsel (b) the prime contractor or operator, after making reasonable inquiries, is satisfied each scheduler for the vehicle has complied with Division 4. Maximum penalty—$4000. (3) A person charged with an offence against subsection (2) does not have the benefit of the mistake of fact defence for the offence. Division 4 Additional duties of schedulers 233 Duty to ensure driver’s schedule will not cause driver to drive while fatigued etc. (1) A scheduler for a fatigue-regulated heavy vehicle must take all reasonable steps to ensure the schedule for the vehicle’s driver will not cause the driver to— (a) drive while impaired by fatigue; or (b) drive while in breach of the driver’s work and rest hours option; or (c) drive in breach of another law to avoid driving while impaired by fatigue or while in breach of the driver’s work and rest hours option. Maximum penalty—$6000. (2) A person charged with an offence against subsection (1) does not have the benefit of the mistake of fact defence for the offence. 234 Duty not to cause driver to drive if particular requirements not complied with (1) A scheduler for a fatigue-regulated heavy vehicle must not cause the vehicle’s driver to drive the vehicle unless— Annexure 2 -- 770 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 767 Authorised by the Chief Parliamentary Counsel (a) the scheduler has complied with section 233; and (b) the schedule for the vehicle’s driver allows for— (i) the driver to have the rest time required under the driver’s work and rest hours option; and (ii) traffic conditions and other delays that could reasonably be expected. Examples of traffic conditions and other delays that could reasonably be expected— • the actual average speed able to be travelled lawfully and safely by the driver on the route to be travelled by the vehicle • known traffic conditions, for example, road works or traffic congestion on the route • delays caused by loading, unloading or queuing Maximum penalty—$6000. (2) A person charged with an offence against subsection (1) does not have the benefit of the mistake of fact defence for the offence. Division 5 Additional duties of consignors and consignees 235 Duty to ensure terms of consignment will not cause driver to drive while fatigued etc. (1) A consignor or consignee of goods for transport by a fatigue-regulated heavy vehicle must take all reasonable steps to ensure the terms of consignment will not result in, encourage or provide an incentive to the vehicle’s driver to— (a) drive while impaired by fatigue; or Annexure 2 -- 771 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 768 Authorised by the Chief Parliamentary Counsel (b) drive while in breach of the driver’s work and rest hours option; or (c) drive in breach of another law to avoid driving while impaired by fatigue or while in breach of the driver’s work and rest hours option. Maximum penalty—$10000. (2) A consignor or consignee of goods for transport by a fatigue-regulated heavy vehicle must take all reasonable steps to ensure the terms of consignment will not result in, encourage or provide an incentive to a relevant party for the vehicle’s driver to cause the driver to— (a) drive while impaired by fatigue; or (b) drive while in breach of the driver’s work and rest hours option; or (c) drive 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. Example of terms of consignment— delivery times Maximum penalty—$10000. (3) A person charged with an offence against subsection (1) or (2) does not have the benefit of the mistake of fact defence for the offence. (4) 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 Annexure 2 -- 772 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 769 Authorised by the Chief Parliamentary Counsel (c) an operator of the vehicle if the driver is making, or is to make, a journey for the operator. 236 Duty not to cause driver to drive if particular requirements not complied with (1) A consignor or consignee of goods for transport by a fatigue-regulated heavy vehicle must not cause the vehicle’s driver to drive the vehicle, or enter into a contract or other agreement to that effect, unless— (a) the consignor or consignee has complied with section 235; and (b) the consignor or consignee, after making reasonable inquiries, is satisfied— (i) each relevant party for the driver has complied with Division 3; and (ii) each scheduler for the vehicle has complied with Division 4. Maximum penalty—$4000. (2) A person charged with an offence against subsection (1) does not have the benefit of the mistake of fact defence for the offence. (3) 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, or is to make, a journey for the operator. Annexure 2 -- 773 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 770 Authorised by the Chief Parliamentary Counsel 237 Duty not to make a demand that may result in driver driving while fatigued etc. (1) A consignor or consignee of goods for transport by a fatigue-regulated heavy vehicle must not make a demand that affects, or may affect, a time in a schedule for the transport of the consigned goods and that may cause the vehicle’s driver to— (a) drive while impaired by fatigue; or (b) drive while in breach of the driver’s work and rest hours option; or (c) drive in breach of another law to avoid driving while impaired by fatigue or while in breach of the driver’s work and rest hours option. Maximum penalty—$10000. (2) Subsection (1) does not apply if the consignor or consignee, before making the demand— (a) has complied with section 235; and (b) is satisfied, after making reasonable inquiries, that the making of the demand will not cause a scheduler for the fatigue-regulated heavy vehicle to contravene Division 4. (3) A person charged with an offence against subsection (1) does not have the benefit of the mistake of fact defence for the offence. Division 6 Additional duties of loading managers 238 Duty to ensure loading arrangements will not cause driver to drive while fatigued etc. (1) A loading manager for goods in heavy vehicles must take all reasonable steps to ensure the arrangements for loading goods onto and unloading goods from fatigue-regulated heavy vehicles at or Annexure 2 -- 774 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 771 Authorised by the Chief Parliamentary Counsel from the premises in relation to which the person is a loading manager will not cause the driver of a fatigue-regulated heavy vehicle to— (a) drive while impaired by fatigue; or (b) drive while in breach of the driver’s work and rest hours option; or (c) drive 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. Examples of reasonable steps to comply with this section— • providing for necessary rest time to be had with adequate facilities • providing for the reporting of travel delays and providing a mechanism for managing late arrivals • allowing loading and unloading to happen at an agreed time • having a system of setting and allocating loading and unloading times the driver of a fatigue-regulated heavy vehicle can reasonably rely on to comply with the maximum work requirements and minimum rest requirements applying to the driver Maximum penalty—$10000. (2) A person charged with an offence against subsection (1) does not have the benefit of the mistake of fact defence for the offence. 239 Duty to ensure drivers can rest in particular circumstances (1) This section applies if a loading manager for goods in a fatigue-regulated heavy vehicle, or a person acting under the loading manager’s supervision or control— (a) has advised the vehicle’s driver, either directly or indirectly, of when the loading of goods onto or unloading of goods from the Annexure 2 -- 775 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 772 Authorised by the Chief Parliamentary Counsel vehicle is to start, and the loading manager or person becomes aware the loading or unloading will, or is likely to, start more than 30 minutes late; or (b) has advised the vehicle’s driver, either directly or indirectly, of when the loading of goods onto or unloading of goods from the vehicle is to finish, and the loading manager or person becomes aware the loading or unloading will, or is likely to, finish more than 30 minutes late; or (c) is unable to advise the vehicle’s driver of when the loading of goods onto or unloading of goods from the vehicle is to start; or (d) is unable to advise the vehicle’s driver of when the loading of goods onto or unloading of goods from the vehicle is to finish. (2) The loading manager must take all reasonable steps to ensure the driver is able to rest while waiting for the goods to be loaded onto or unloaded from the fatigue-regulated heavy vehicle. Example of reasonable steps that may be taken to ensure the driver of a fatigue-regulated heavy vehicle is able to rest— providing a system of notifying the driver when goods can be loaded onto or unloaded from the driver’s vehicle that does not require the driver to be awake or unreasonably alert Maximum penalty—$6000. (3) A person charged with an offence against subsection (2) does not have the benefit of the mistake of fact defence for the offence. Annexure 2 -- 776 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 773 Authorised by the Chief Parliamentary Counsel Division 7 Particular requests etc. and contracts etc. prohibited 240 Particular requests etc. prohibited A person must not ask, direct or require, directly or indirectly, the driver of a fatigue-regulated heavy vehicle, or a party in the chain of responsibility for a fatigue-regulated heavy vehicle, to do or not do something the person knows, or ought reasonably to know, would have the effect of causing the vehicle’s driver to— (a) drive while impaired by fatigue; or (b) drive while in breach of the driver’s work and rest hours option; or (c) drive 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. Example of a requirement that contravenes this section— a requirement that the driver complete a journey in a time the person knows or ought reasonably to know can not be complied with unless the driver commits a speeding offence or does not have all the rest time the driver is required to have under this Law Maximum penalty—$10000. Note— See section 632 for the matters a court may consider when deciding whether a person ought reasonably to have known something. 241 Particular contracts etc. prohibited (1) A person must not enter into a contract or other agreement with the driver of a fatigue-regulated heavy vehicle, or with a party in the chain of responsibility for a fatigue-regulated heavy vehicle, that the person knows, or ought reasonably to Annexure 2 -- 777 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 774 Authorised by the Chief Parliamentary Counsel know, would have the effect of causing the vehicle’s driver to— (a) drive while impaired by fatigue; or (b) drive while in breach of the driver’s work and rest hours option; or (c) drive in breach of another law to avoid driving while impaired by fatigue or while in breach of the driver’s work and rest hours option. Maximum penalty—$10000. (2) A person must not enter into a contract or other agreement with the driver of a fatigue-regulated heavy vehicle, or with a party in the chain of responsibility for a fatigue-regulated heavy vehicle that the person knows, or ought reasonably to know, would encourage or provide an incentive for the vehicle’s driver, or a party in the chain of responsibility for the vehicle to cause the vehicle’s driver, to— (a) drive while impaired by fatigue; or (b) drive while in breach of the driver’s work and rest hours option; or (c) drive in breach of another law to avoid driving while impaired by fatigue or while in breach of the driver’s work and rest hours option. Maximum penalty—$10000. Notes for the purposes of subsections (1) and (2)— 1 See section 632 for the matters a court may consider when deciding whether a person ought reasonably to have known something. 2 See section 742, which provides that particular contracts or other agreements are void. Annexure 2 -- 778 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 775 Authorised by the Chief Parliamentary Counsel Division 8 Provisions about offences against this Part 242 Objective reasonableness test to be used in deciding causation (1) This section applies in relation to a proceeding for an offence against this Part that may be committed by a person failing to take all reasonable steps to ensure someone else does not drive a fatigue- regulated heavy vehicle while impaired by fatigue (prohibited act). (2) For the purposes of subsection (1), a person failing to take all reasonable steps to ensure someone else does not do a prohibited act includes— (a) the person failing to take reasonable steps to ensure the other person does not do the prohibited act; and (b) the person failing to take reasonable steps to ensure the person’s activities, or anything arising out of the person’s activities, do not— (i) cause the other person to do the prohibited act; or (ii) result in the other person doing the prohibited act; or (iii) provide an incentive for the other person to do the prohibited act. (3) Subsection (4) applies if— (a) a person does an act or makes an omission; and (b) as a result of the act or omission someone else does a prohibited act. Annexure 2 -- 779 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 776 Authorised by the Chief Parliamentary Counsel (4) A court may find the person caused the other person to do the prohibited act if the court is satisfied a reasonable person would have foreseen the person’s act or omission would be reasonably likely to cause the other person to do the prohibited act. Part 6.3 Requirements relating to work time and rest time Division 1 Preliminary 243 What is a driver’s work and rest hours option (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 Annexure 2 -- 780 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 777 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 781 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 778 Authorised by the Chief Parliamentary Counsel (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 (1) Work time must be counted in 15 minute periods. (2) A period of work time of less than 15 minutes counts as 15 minutes work time. Examples for the purposes of subsection (2)— 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. (3) Rest time must be counted in blocks of time of no less than 15 minutes. (4) A period of rest time of less than 15 minutes must be disregarded. Examples for the purposes of subsection (4)— 1 A period of not working for only 14 minutes does not count as rest time, because 14 minutes is less than 15 minutes. Annexure 2 -- 782 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 779 Authorised by the Chief Parliamentary Counsel 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). 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 6.30a.m. on that day, started work at that time, worked until 11a.m. that day, had 45 minutes of rest time, worked until 5.00p.m. that day, then had stationary rest time until 4.30a.m. on the following day, Tuesday, and then worked until 6.30a.m. 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 6.30a.m. on the Monday until 6.30a.m. on the Tuesday. Adding up the driver’s work periods - 6.30a.m. to 11a.m., 11.45a.m. to 5.00p.m. and 4.30a.m. to 6.30a.m. - 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. Annexure 2 -- 783 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 780 Authorised by the Chief Parliamentary Counsel 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 6.30a.m. or 11.45a.m. on the Monday, or from 4.30a.m. on the Tuesday. If the officer commenced counting at the end of the rest time that finished at 11.45a.m., 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 6.30a.m. on the Monday and 6.30a.m. on the Tuesday. The officer sees that between 5.00p.m. on the Monday and 4.30a.m. 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 6a.m. in the Queensland time zone (being the time zone in which the driver’s base is situated), even though the hours equate to 10p.m. and 4a.m. in Western Australia. Annexure 2 -- 784 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 781 Authorised by the Chief Parliamentary Counsel 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. 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—$4000; or (b) for a substantial risk breach—$6000; or Annexure 2 -- 785 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 782 Authorised by the Chief Parliamentary Counsel (c) for a severe risk breach—$10000; or (d) for a critical risk breach—$15000. (2) A person charged with an offence against subsection (1) does not have the benefit of the mistake of fact defence for the offence. (3) However, in a proceeding for an offence against subsection (1), the person charged has the benefit of the reasonable steps defence for the offence. Note— See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 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—$4000; or (b) for a substantial risk breach—$6000; or (c) for a severe risk breach—$10000; or (d) for a critical risk breach—$15000. (2) A person charged with an offence against subsection (1) does not have the benefit of the mistake of fact defence for the offence. Annexure 2 -- 786 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 783 Authorised by the Chief Parliamentary Counsel (3) However, in a proceeding for an offence against subsection (1), the person charged has the benefit of the reasonable steps defence for the offence. Note— See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 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 51/4 hours; or (b) the driver has worked for 71/2 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 Annexure 2 -- 787 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 784 Authorised by the Chief Parliamentary Counsel (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 51/4 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 51/2 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 different BFM hours for solo drivers and drivers who are a party to a two-up driving arrangement. 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 Annexure 2 -- 788 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 785 Authorised by the Chief Parliamentary Counsel (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—$4000; or (b) for a substantial risk breach—$6000; or (c) for a severe risk breach—$10000; or (d) for a critical risk breach—$15000. (2) A person charged with an offence against subsection (1) does not have the benefit of the mistake of fact defence for the offence. (3) However, in a proceeding for an offence against subsection (1), the person charged has the benefit of the reasonable steps defence for the offence. Note— See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 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 Annexure 2 -- 789 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 786 Authorised by the Chief Parliamentary Counsel (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 can not sleep, 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—$4000; or (b) for a substantial risk breach—$6000; or (c) for a severe risk breach—$10000; or (d) for a critical risk breach—$15000. (2) A person charged with an offence against subsection (1) does not have the benefit of the mistake of fact defence for the offence. Annexure 2 -- 790 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 787 Authorised by the Chief Parliamentary Counsel (3) However, in a proceeding for an offence against subsection (1), the person charged has the benefit of the reasonable steps defence for the offence. Note— See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 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—$4000; or (b) for a substantial risk breach—$6000; or (c) for a severe risk breach—$10000; or (d) for a critical risk breach—$15000. (2) A person charged with an offence against subsection (1) does not have the benefit of the mistake of fact defence for the offence. Annexure 2 -- 791 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 788 Authorised by the Chief Parliamentary Counsel (3) However, in a proceeding for an offence against subsection (1), the person charged has the benefit of the reasonable steps defence for the offence. Note— See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 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 Annexure 2 -- 792 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 789 Authorised by the Chief Parliamentary Counsel (b) rests for less than the minimum rest time stated in the exemption hours. Maximum penalty— (a) for a minor risk breach—$4000; or (b) for a substantial risk breach—$6000; or (c) for a severe risk breach—$10000; or (d) for a critical risk breach—$15000. (2) A person charged with an offence against subsection (1) does not have the benefit of the mistake of fact defence for the offence. (3) However, in a proceeding for an offence against subsection (1), the person charged has the benefit of the reasonable steps defence for the offence. Note— See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. Division 6 Extended liability 261 Liability of employer etc. for driver’s contravention of maximum work requirement or minimum rest requirement (1) This section applies to an offence committed because the driver of a fatigue-regulated heavy vehicle contravenes a maximum work requirement or minimum rest requirement applying to the driver under Division 2, 3, 4 or 5 (a relevant offence). (2) If a relevant offence is committed involving the driver of a fatigue-regulated heavy vehicle, each of the following persons is taken to have committed an offence against this subsection— (a) an employer of the driver if the driver is an employed driver; Annexure 2 -- 793 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 790 Authorised by the Chief Parliamentary Counsel (b) a prime contractor of the driver if the driver is a self-employed driver; (c) an operator of the vehicle; (d) a scheduler for the vehicle; (e) a consignor of any goods for transport by the vehicle that are in the vehicle; (f) a consignee of any goods in the vehicle; (g) a loading manager for any goods in the vehicle; (h) a loader of any goods in the vehicle; (i) an unloader of goods in the vehicle. Maximum penalty— (a) for a minor risk breach—$4000; or (b) for a substantial risk breach—$6000; or (c) for a severe risk breach—$10000; or (d) for a critical risk breach—$15000. (3) A person charged with an offence against subsection (2) does not have the benefit of the mistake of fact defence for the offence. (4) However, in a proceeding for an offence against subsection (2), the person charged has the benefit of the reasonable steps defence for the offence. Note— See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. (5) In a proceeding for an offence against subsection (2)— (a) it is irrelevant whether or not the driver has been or will be proceeded against, or convicted of, the relevant offence; and Annexure 2 -- 794 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 791 Authorised by the Chief Parliamentary Counsel (b) evidence a court has convicted the driver of the relevant offence is evidence that the offence happened at the time and place, and in the circumstances, stated in the charge resulting in the conviction; and (c) evidence of details stated in an infringement notice issued for the relevant offence is evidence that the offence happened at the time and place, and in the circumstances, stated in the infringement notice. 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 Annexure 2 -- 795 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 792 Authorised by the Chief Parliamentary Counsel 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—$4000. (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. Annexure 2 -- 796 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 793 Authorised by the Chief Parliamentary Counsel (3) A person charged with an offence against subsection (1) does not have the benefit of the mistake of fact defence for the offence. (4) However, in a proceeding for an offence against subsection (1), the person charged has the benefit of the reasonable steps defence for the offence. Note— See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. (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— (a) ensure the driver does not drive a fatigue- regulated heavy vehicle after making the change unless the driver has complied with section 263; and (b) take whatever action is necessary to ensure the driver can comply with his or her obligations in relation to the change. Maximum penalty—$6000. (3) A person charged with an offence against subsection (2) does not have the benefit of the mistake of fact defence for the offence. Annexure 2 -- 797 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 794 Authorised by the Chief Parliamentary Counsel (4) However, in a proceeding for an offence against subsection (2), the person charged has the benefit of the reasonable steps defence for the offence. Note— See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. (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 Annexure 2 -- 798 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 795 Authorised by the Chief Parliamentary Counsel 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; Annexure 2 -- 799 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 796 Authorised by the Chief Parliamentary Counsel (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 Annexure 2 -- 800 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 797 Authorised by the Chief Parliamentary Counsel 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. Annexure 2 -- 801 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 798 Authorised by the Chief Parliamentary Counsel 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. Annexure 2 -- 802 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 799 Authorised by the Chief Parliamentary Counsel 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. Annexure 2 -- 803 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 800 Authorised by the Chief Parliamentary Counsel (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 notice in the Commonwealth Gazette, in a newspaper circulating generally throughout each participating jurisdiction and on the Regulator’s website— (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 Annexure 2 -- 804 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 801 Authorised by the Chief Parliamentary Counsel (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) Notice of the amendment or cancellation must be published— (a) in— (i) the Commonwealth Gazette; and (ii) a newspaper circulating generally throughout each participating jurisdiction; and (b) on the Regulator’s website. (6) The amendment or cancellation takes effect— (a) 28 days after the Commonwealth Gazette notice is published; 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 publishing a notice as mentioned in subsection (3) (immediate suspension notice), immediately suspend the work and rest hours exemption (notice) until the earliest of the following— Annexure 2 -- 805 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 802 Authorised by the Chief Parliamentary Counsel (a) the Regulator publishes a notice under section 271(5) and the amendment or cancellation takes effect under section 271(6); (b) the Regulator cancels the suspension; (c) the end of 56 days after the day the immediate suspension notice is published. (3) The immediate suspension notice, and (where relevant) notice of the cancellation of the suspension, must be published— (a) in— (i) the Commonwealth Gazette; and (ii) a newspaper circulating generally throughout each relevant participating jurisdiction; and (b) on the Regulator’s website; and (c) in any other newspaper the Regulator considers appropriate. Example for the purposes of paragraph (c)— If the work and rest hours exemption (notice) relates to a particular part of a participating jurisdiction, the Regulator may consider it appropriate to publish the notice in a newspaper circulating generally in the part. (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. (6) In this section— relevant participating jurisdiction, for a work and rest hours exemption (notice), means a participating jurisdiction in which the whole or part of an area or route to which the exemption applies is situated. Annexure 2 -- 806 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 803 Authorised by the Chief Parliamentary Counsel 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; Annexure 2 -- 807 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 804 Authorised by the Chief Parliamentary Counsel (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 Annexure 2 -- 808 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 805 Authorised by the Chief Parliamentary Counsel (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 Annexure 2 -- 809 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 806 Authorised by the Chief Parliamentary Counsel (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). Annexure 2 -- 810 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 807 Authorised by the Chief Parliamentary Counsel 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 Annexure 2 -- 811 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 808 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 812 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 809 Authorised by the Chief Parliamentary Counsel (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; Annexure 2 -- 813 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 810 Authorised by the Chief Parliamentary Counsel (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— Annexure 2 -- 814 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 811 Authorised by the Chief Parliamentary Counsel (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— Annexure 2 -- 815 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 812 Authorised by the Chief Parliamentary Counsel (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—$6000. (3) If the exemption has been amended, the Regulator must give the person a replacement permit for the exemption as amended. Annexure 2 -- 816 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 813 Authorised by the Chief Parliamentary Counsel 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—$4000. (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—$6000. (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. Annexure 2 -- 817 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 814 Authorised by the Chief Parliamentary Counsel 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—$3000. (3) If an offence is committed against subsection (2) involving the driver of a fatigue-regulated heavy vehicle, each relevant party for the driver is taken to have committed an offence against this subsection. Maximum penalty—$3000. (4) A person charged with an offence against subsection (3) does not have the benefit of the mistake of fact defence for the offence. (5) However, in a proceeding for an offence against subsection (3), the person charged has the benefit of the reasonable steps defence for the offence. Note— See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. (6) In a proceeding for an offence against subsection (3)— (a) it is irrelevant whether or not the driver has been or will be proceeded against, or convicted of, the offence against subsection (2); and Annexure 2 -- 818 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 815 Authorised by the Chief Parliamentary Counsel (b) evidence a court has convicted the driver of the offence against subsection (2) is evidence that the offence happened at the time and place, and in the circumstances, stated in the charge resulting in the conviction; and (c) evidence of details stated in an infringement notice issued for the offence against subsection (2) is evidence that the offence happened at the time and place, and in the circumstances, stated in the infringement notice. (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—$3000. Annexure 2 -- 819 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 816 Authorised by the Chief Parliamentary Counsel (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—$4000. (3) If an offence is committed against subsection (1) involving the driver of a fatigue-regulated heavy vehicle, each relevant party for the driver is taken to have committed an offence against this subsection. Maximum penalty—$3000. (4) A person charged with an offence against subsection (3) does not have the benefit of the mistake of fact defence for the offence. (5) However, in a proceeding for an offence against subsection (3), the person charged has the benefit of the reasonable steps defence for the offence. Note— See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. (6) In a proceeding for an offence against subsection (3)— (a) it is irrelevant whether or not the driver has been or will be proceeded against, or convicted of, the offence against subsection (1); and Annexure 2 -- 820 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 817 Authorised by the Chief Parliamentary Counsel (b) evidence a court has convicted the driver of the offence against subsection (1) is evidence that the offence happened at the time and place, and in the circumstances, stated in the charge resulting in the conviction; and (c) evidence of details stated in an infringement notice issued for the offence against subsection (1) is evidence that the offence happened at the time and place, and in the circumstances, stated in the infringement notice. (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 6.4 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. Annexure 2 -- 821 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 818 Authorised by the Chief Parliamentary Counsel (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 undertaking 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 Sdiv 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 Annexure 2 -- 822 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 819 Authorised by the Chief Parliamentary Counsel (d) was working under BFM hours, AFM hours or exemption hours in the last 28 days. 292 Meaning of work diary for Sdiv 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— (i) the electronic work diary the driver is currently using; and (ii) printouts of the information no longer stored in the electronic work diary the driver is currently using and relating to any period during the last 28 days; and (iii) printouts of the information in any other electronic work diary the driver has used in the last 28 days, relating to any period during the last 28 days and not stored in the electronic work diary the driver is currently using; (c) if the driver has used a combination of written work diaries and electronic work diaries in the last 28 days— (i) the written work diary, or electronic work diary, the driver is currently using; and (ii) each written work diary the driver has used during the last 28 days; and Annexure 2 -- 823 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 820 Authorised by the Chief Parliamentary Counsel (iii) if the driver is currently using an electronic work diary, printouts of the information no longer stored in the diary and relating to any period during the last 28 days; and (iv) printouts of the information in any electronic work diary the driver has used in the last 28 days, relating to any period during the last 28 days and not recorded in the written work diary or electronic work diary the driver is currently using. (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 Annexure 2 -- 824 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 821 Authorised by the Chief Parliamentary Counsel (ii) the driver’s work diary is in the driver’s possession while the driver is driving the vehicle. Maximum penalty—$6000. 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. Annexure 2 -- 825 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 822 Authorised by the Chief Parliamentary Counsel Subdivision 2 Information required to be included in work diary 294 Purpose of and definition for Sdiv 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 Annexure 2 -- 826 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 823 Authorised by the Chief Parliamentary Counsel (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—$1500. (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. Annexure 2 -- 827 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 824 Authorised by the Chief Parliamentary Counsel (2) The driver must record the required information to which this section applies immediately after starting work on a day. Maximum penalty—$3000. (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+kmwork 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—$1500. (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. Annexure 2 -- 828 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 825 Authorised by the Chief Parliamentary Counsel 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—$3000. Subdivision 3 How information must be recorded in work diary 300 Purpose of Sdiv 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; Annexure 2 -- 829 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 826 Authorised by the Chief Parliamentary Counsel (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—$1500. 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 Annexure 2 -- 830 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 827 Authorised by the Chief Parliamentary Counsel (b) the manufacturer’s instructions for recording information in the electronic work diary, to the extent the instructions are consistent with the conditions mentioned in paragraph (a). Maximum penalty—$1500. 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—$1500. 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 Sdiv 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 Annexure 2 -- 831 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 828 Authorised by the Chief Parliamentary Counsel (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—$6000. 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 sections 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; Annexure 2 -- 832 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 829 Authorised by the Chief Parliamentary Counsel (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—$3000. (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—$1500. (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 Annexure 2 -- 833 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 830 Authorised by the Chief Parliamentary Counsel (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— (A) the day on which the driver starts recording information under this section; or (B) if the driver is directed to use a written work diary under section 313 and the driver did not have a written work diary when the direction was given—the day the direction is given to the driver under that 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. Annexure 2 -- 834 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 831 Authorised by the Chief Parliamentary Counsel 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—$3000. 307 Driver must notify Regulator if electronic work diary filled up etc. (1) This section applies if the driver of a fatigue- regulated heavy vehicle— (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—$3000. 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; Annexure 2 -- 835 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 832 Authorised by the Chief Parliamentary Counsel (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—$3000. (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 Driver must notify record keeper if electronic work diary filled up etc. (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 Annexure 2 -- 836 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 833 Authorised by the Chief Parliamentary Counsel (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—$6000. 310 Intelligent access 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 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 reporting entity must inform the driver’s record keeper of the matter within 2 business days. Maximum penalty—$6000. Annexure 2 -- 837 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 834 Authorised by the Chief Parliamentary Counsel 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 is informed, under section 309, that the electronic work diary has been filled up. (2) The record keeper must, as soon as reasonably practicable after being informed of 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 a printout of the removed information. Maximum penalty—$6000. (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 Annexure 2 -- 838 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 835 Authorised by the Chief Parliamentary Counsel (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. (4) A person charged with an offence against subsection (2) does not have the benefit of the mistake of fact defence for the offence. (5) However, in a proceeding for an offence against subsection (2), the person charged has the benefit of the reasonable steps defence for the offence. Note— See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 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 is informed, under section 309, that the electronic work diary has been destroyed, lost or stolen. (2) The record keeper must, as soon as reasonably practicable after being informed of the matter— (a) give the driver a new electronic work diary that is in working order; and (b) give the driver a printout of any information that was in the destroyed, lost or stolen electronic work diary that— Annexure 2 -- 839 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 836 Authorised by the Chief Parliamentary Counsel (i) has been given 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—$6000. (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. (4) A person charged with an offence against subsection (2) does not have the benefit of the mistake of fact defence for the offence. (5) However, in a proceeding for an offence against subsection (2), the person charged has the benefit of the reasonable steps defence for the offence. Note— See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 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 Annexure 2 -- 840 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 837 Authorised by the Chief Parliamentary Counsel (c) the record keeper— (i) is informed, under section 309, that the electronic work diary is not in working order as mentioned in section 304(b)(ii); or (ii) is informed, under section 309 or 310, of malfunctioning or suspected malfunctioning of the electronic work diary. (2) The record keeper must, as soon as reasonably practicable after being informed of the matter— (a) do one of the following— (i) ensure the electronic work diary is examined and brought into working order; (ii) give the driver a new electronic work diary; (iii) direct the driver, in writing, to use a written work diary for recording information the driver is required to record in the driver’s work diary under this Part; and (b) give the driver a printout of any information that was in the electronic work diary that— (i) has been given to the record keeper; and (ii) relates to any period during the last 28 days; and (iii) is not stored in the work diary that has been brought into working order under paragraph (a)(i), or a new electronic work diary given to the driver under paragraph (a)(ii). Maximum penalty—$6000. Annexure 2 -- 841 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 838 Authorised by the Chief Parliamentary Counsel (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. (4) Subsection (3) 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 (4)— 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. (5) A person charged with an offence against subsection (2) does not have the benefit of the mistake of fact defence for the offence. (6) However, in a proceeding for an offence against subsection (2), the person charged has the benefit of the reasonable steps defence for the offence. Note— See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 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. Annexure 2 -- 842 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 839 Authorised by the Chief Parliamentary Counsel (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—$3000. 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—$6000. (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. Annexure 2 -- 843 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 840 Authorised by the Chief Parliamentary Counsel Subdivision 6 Extended liability 315 Liability of employer etc. for driver’s contravention of particular requirements of this Division (1) This section applies to an offence committed because the driver of a fatigue-regulated heavy vehicle contravenes a provision of Subdivision 1, 2, 3 or 4 (a relevant offence). (2) If a relevant offence is committed involving the driver of a fatigue-regulated heavy vehicle, each of the following persons is taken to have committed an offence against this subsection— (a) an employer of the driver if the driver is an employed driver; (b) a prime contractor of the driver if the driver is a self-employed driver; (c) an operator of the vehicle if the driver is making a journey for the operator; (d) a scheduler for the vehicle. Maximum penalty—$6000. (3) A person charged with an offence against subsection (2) does not have the benefit of the mistake of fact defence for the offence. (4) However, in a proceeding for an offence against subsection (2), the person charged has the benefit of the reasonable steps defence for the offence. Note— See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. Annexure 2 -- 844 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 841 Authorised by the Chief Parliamentary Counsel (5) In a proceeding for an offence against subsection (2)— (a) it is irrelevant whether or not the driver has been or will be proceeded against, or convicted of, the relevant offence; and (b) evidence a court has convicted the driver of the relevant offence is evidence that the offence happened at the time and place, and in the circumstances, stated in the charge resulting in the conviction; and (c) evidence of details stated in an infringement notice issued for the relevant offence is evidence that the offence happened at the time and place, and in the circumstances, stated in the infringement notice. Division 3 Records relating to drivers Subdivision 1 Preliminary 316 Application of Div 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 Annexure 2 -- 845 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 842 Authorised by the Chief Parliamentary Counsel 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. Annexure 2 -- 846 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 843 Authorised by the Chief Parliamentary Counsel Subdivision 2 Record keeping obligations relating to drivers undertaking 100km work under standard hours 318 Application of Sdiv 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— (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; Annexure 2 -- 847 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 844 Authorised by the Chief Parliamentary Counsel (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; 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—$6000. (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. (3) A person charged with an offence against subsection (1) does not have the benefit of the mistake of fact defence for the offence. (4) However, in a proceeding for an offence against subsection (1), the person charged has the benefit of the reasonable steps defence for the offence. Note— See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. (5) In this section— prescribed period, for recording information mentioned in subsection (1) relating to the driver of a fatigue-regulated heavy vehicle, means— Annexure 2 -- 848 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 845 Authorised by the Chief Parliamentary Counsel (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. Subdivision 3 Record keeping obligations relating to drivers undertaking 100+km work under standard hours or operating under BFM hours, AFM hours or exemption hours 320 Application of Sdiv 3 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— (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 Annexure 2 -- 849 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 846 Authorised by the Chief Parliamentary Counsel (b) keep a copy of all duplicate pages 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—$6000. (2) If the driver is operating under BFM hours or AFM hours, the record keeper must 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—$6000. 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. (3) If the record keeper has engaged another person under a contract for services to comply with subsection (1) or (2) for the record keeper— (a) the record keeper remains liable for an offence against the subsection; and Annexure 2 -- 850 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 847 Authorised by the Chief Parliamentary Counsel (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. (4) A person charged with an offence against subsection (1) or (2) does not have the benefit of the mistake of fact defence for the offence. (5) However, in a proceeding for an offence against subsection (1) or (2), the person charged has the benefit of the reasonable steps defence for the offence. Note— See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. (6) 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. (7) 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— Annexure 2 -- 851 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 848 Authorised by the Chief Parliamentary Counsel (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. Maximum penalty—$3000. (3) For the purposes of subsection (2), if the work diary entry is made in an electronic work diary, the driver may give a copy of the entry to the record keeper by electronically transmitting it to the record keeper. (4) The record keeper must ensure the driver complies with subsection (2). Maximum penalty—$3000. (5) If the record keeper has engaged another person under a contract for services to comply with subsection (4) for the record keeper— Annexure 2 -- 852 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 849 Authorised by the Chief Parliamentary Counsel (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. (6) A person charged with an offence against subsection (2) or (4) does not have the benefit of the mistake of fact defence for the offence. (7) However, in a proceeding for an offence against subsection (2) or (4), the person charged has the benefit of the reasonable steps defence for the offence. Note— See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 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. Maximum penalty—$3000. Annexure 2 -- 853 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 850 Authorised by the Chief Parliamentary Counsel (3) The new record keeper must ensure the driver complies with subsection (2). Maximum penalty—$3000. (4) 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. (5) A person charged with an offence against subsection (2) or (3) does not have the benefit of the mistake of fact defence for the offence. (6) However, in a proceeding for an offence against subsection (2) or (3), the person charged has the benefit of the reasonable steps defence for the offence. Note— See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 324 Record keeper must give printouts of 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. Annexure 2 -- 854 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 851 Authorised by the Chief Parliamentary Counsel (2) If the driver stops using the electronic work diary, the driver’s record keeper must immediately give the driver a printout of the information recorded in the work diary for each day on which the driver was using the electronic work diary. Maximum penalty—$3000. (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. (4) A person charged with an offence against subsection (2) does not have the benefit of the mistake of fact defence for the offence. (5) However, in a proceeding for an offence against subsection (2), the person charged has the benefit of the reasonable steps defence for the offence. Note— See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 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 in a material particular. Maximum penalty—$10000. Annexure 2 -- 855 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 852 Authorised by the Chief Parliamentary Counsel 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 Keeping 2 work diaries simultaneously 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—$10000. (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 1p.m. to 5p.m. for A and from 6p.m. to 11p.m. for B. The driver must record the information about the period between 1p.m. and 5p.m. in the written work diary kept for A, and the information for the period between 6p.m. and 11p.m. in the electronic work diary kept for B. The driver must not record information about the period between 1p.m. and 5p.m., or the period between 6p.m. to 11p.m., in both the written work diary and electronic work diary. Maximum penalty—$10000. Annexure 2 -- 856 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 853 Authorised by the Chief Parliamentary Counsel 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—$10000. 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—$10000. 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—$10000. Note— 1 Giving a false or misleading document to an official is prohibited by section 702. Annexure 2 -- 857 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 854 Authorised by the Chief Parliamentary Counsel 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—$10000. (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. Annexure 2 -- 858 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 855 Authorised by the Chief Parliamentary Counsel 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—$10000. 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—$10000. Subdivision 2 Approved electronic recording systems 333 Application of Sdiv 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— (a) engage in conduct that— (i) results in the system, or a part of the system, malfunctioning; or Annexure 2 -- 859 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 856 Authorised by the Chief Parliamentary Counsel (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—$10000. (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. Annexure 2 -- 860 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 857 Authorised by the Chief Parliamentary Counsel (3) A person charged with an offence against subsection (1) does not have the benefit of the mistake of fact defence for the offence. (4) However, in a proceeding for an offence against subsection (1), the person charged has the benefit of the reasonable steps defence for the offence. Note— See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. (5) Also, 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—$10000. Examples of a person who uses an approved electronic recording system— • a driver of a heavy vehicle • a driver’s record keeper (2) A person charged with an offence against subsection (1) does not have the benefit of the mistake of fact defence for the offence. Annexure 2 -- 861 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 858 Authorised by the Chief Parliamentary Counsel (3) However, in a proceeding for an offence against subsection (1), the person charged has the benefit of the reasonable steps defence for the offence. Note— See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 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 reporting entity for the approved intelligent transport system must not permit another person to tamper with the approved electronic recording system. Maximum penalty—$10000. (3) A person charged with an offence against subsection (2) does not have the benefit of the mistake of fact defence for the offence. (4) However, in a proceeding for an offence against subsection (2), the person charged has the benefit of the reasonable steps defence for the offence. Note— See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 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. Annexure 2 -- 862 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 859 Authorised by the Chief Parliamentary Counsel (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 Annexure 2 -- 863 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 860 Authorised by the Chief Parliamentary Counsel 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. Annexure 2 -- 864 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 861 Authorised by the Chief Parliamentary Counsel Division 6A Requirements about records record keeper must make or keep 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 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—$6000. (2) The record keeper of the driver of a fatigue- regulated heavy vehicle must keep a record required to be made or kept under (or by a condition under) Division 8 or 8A, 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—$6000. (3) Except where the driver is his or her own record keeper, the record keeper must 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—$3000. Annexure 2 -- 865 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 862 Authorised by the Chief Parliamentary Counsel (4) If the driver is his or her own record keeper, the driver as record keeper must 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—$3000. (5) The record keeper must 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—$6000. (6) If the record keeper has engaged another person under a contract for services to comply with subsection (1), (2), (3) or (5) 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) A person charged with an offence against subsection (1), (2), (3) or (5) does not have the benefit of the mistake of fact defence for the offence. Annexure 2 -- 866 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 863 Authorised by the Chief Parliamentary Counsel (8) However, in a proceeding for an offence against subsection (1), (2), (3) or (5), the person charged has the benefit of the reasonable steps defence for the offence. Note— See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. Division 7 Approval of electronic recording systems 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. Annexure 2 -- 867 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 864 Authorised by the Chief Parliamentary Counsel 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 (c) is capable of— (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— Annexure 2 -- 868 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 865 Authorised by the Chief Parliamentary Counsel (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 can not 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, can not 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) if the system is designed to enable 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—has a mechanism that readily indicates to the driver that the information has, or has not, been sent to the record keeper; and (g) 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 Annexure 2 -- 869 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 866 Authorised by the Chief Parliamentary Counsel or a part of it is used, the information that the system contains; and (h) 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) a numbered certificate of approval; and (b) an electronic work diary label the holder can use to create a copy for attaching to a device that is or is part of the electronic recording system the subject of the 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. Annexure 2 -- 870 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 867 Authorised by the Chief Parliamentary Counsel 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 Provisions about electronic work diary labels 347 Placing electronic work diary label on device (1) A person may place on any device that is, or is part of, an approved electronic recording system an electronic work diary label relating to the approval. Note— Under the definition electronic work diary in section 221, placing an electronic work diary label on a device that is, or is part of, an approved electronic recording system and is fitted to or used in a fatigue-regulated heavy vehicle makes the device an electronic work diary for the purposes of this Law. See also section 349. (2) A person must not place an electronic work diary label on a device unless the device is, or is part of, an approved electronic recording system to which the label relates. Maximum penalty—$10000. Annexure 2 -- 871 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 868 Authorised by the Chief Parliamentary Counsel (3) A person must not place any other label on a device indicating the device is, or is part of, an approved electronic recording system, unless the device is, or is part of, an approved electronic recording system. Maximum penalty—$10000. 348 Particular label indicates device is an approved electronic recording system (1) This section applies if a device has attached to it an electronic work diary label. (2) The existence of the electronic work diary label on the device is evidence the device is, or is part of, an approved electronic recording system. 349 Effect of electronic work diary label on device (1) This section applies if a device has attached to it a label that is, or appears to be, an electronic work diary label. (2) For the purposes of this Law, a person is entitled to rely on the label as indicating the device is, or is part of, an approved electronic recording system unless the person knows, or ought reasonably to know, the device is neither an approved electronic recording system nor a part of an approved electronic recording system. Example for the purposes of subsection (2)— The record keeper for the driver of a fatigue-regulated heavy vehicle gives the driver a device to which an electronic work diary label is attached for recording information required to be included in the driver’s work diary under this Law. The driver may rely on the label as indicating the device is, or is part of, an approved electronic recording system meaning the driver may record the required information in the device on the basis it is an electronic work diary. However, the driver may not rely on the label if the driver knows, or ought reasonably to know the device is not, or is not part of, an approved electronic recording system. Annexure 2 -- 872 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 869 Authorised by the Chief Parliamentary Counsel Note— See section 632 for the matters a court may consider when deciding whether a person ought reasonably to have known something. 350 Prohibition on using device as electronic work diary if it is not, and is not a part of, an approved electronic recording system (1) A person must not use as an electronic work diary for the purposes of this Law a device that has attached to it an electronic work diary label if the person knows, or ought reasonably to know, the device is neither an approved electronic recording system, nor a part of an approved electronic recording system, to which the label relates. Maximum penalty—$10000. (2) A person must not use as an electronic work diary for the purposes of this Law a device that has attached to it any other label indicating the device is, or is part of, an approved electronic recording system, if the person knows, or ought reasonably to know, the device is neither an approved electronic recording system, nor a part of an approved electronic recording system. Maximum penalty—$10000. Note— See section 632 for the matters a court may consider when deciding whether a person ought reasonably to have known something. Annexure 2 -- 873 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 870 Authorised by the Chief Parliamentary Counsel 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 Annexure 2 -- 874 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 871 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 875 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 872 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 876 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 873 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 877 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 874 Authorised by the Chief Parliamentary Counsel (3) If the Regulator gives the holder of the approval a direction under subsection (2), the holder must comply with the direction. Maximum penalty—$6000. (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—$6000. Annexure 2 -- 878 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 875 Authorised by the Chief Parliamentary Counsel (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) The holder of the approval must remove from any device that is, or is part of, an electronic recording system in the holder’s possession any electronic work diary label relating to the approval. Maximum penalty—$6000. (3) The Regulator may, by notice, direct the holder of the approval to give each person to whom the holder has supplied a device that is, or is part of, an electronic recording system the subject of the approval a notice stating that— (a) the approval has been cancelled; and (b) any electronic work diary label relating to the approval on any device that is, or is part of, the electronic recording system still in the other person’s possession must be removed. Annexure 2 -- 879 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 876 Authorised by the Chief Parliamentary Counsel (4) If the Regulator gives the holder of the approval a direction under subsection (3), the holder must comply with the direction. Maximum penalty—$6000. (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, or a device forming part of the system, stating that— (a) the approval has been cancelled; and (b) any electronic work diary label relating to the approval on any device that is, or is part of, an electronic recording system still in the other person’s possession must be removed. Example for the purposes of subsection (6)— The holder of an approval is a manufacturer and the manufacturer has supplied a device that is, or is part of, an electronic recording system the subject of the approval to an operator of a fatigue-regulated heavy vehicle who has supplied the device to the vehicle’s driver. If, under subsection (4), the manufacturer gives the operator a notice stating the approval has been cancelled and any electronic work diary label relating to the approval on any device that is, or is Annexure 2 -- 880 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 877 Authorised by the Chief Parliamentary Counsel part of, an electronic recording system still in the operator’s possession must be removed, the operator must give the driver a notice stating the approval has been cancelled and any electronic work diary label relating to the approval on any device that is, or is part of, an electronic recording system still in the driver’s possession must be removed. Maximum penalty—$6000. (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) A person who is aware that an electronic recording system approval has been cancelled must remove from any device that is, or is part of, an electronic recording system in the person’s possession any electronic work diary label relating to the approval. Maximum penalty—$6000. (9) 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. Annexure 2 -- 881 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 878 Authorised by the Chief Parliamentary Counsel Division 8 Exemptions from work diary requirements of Division 2 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 Annexure 2 -- 882 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 879 Authorised by the Chief Parliamentary Counsel (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 Subdivisions 1 to 5 of Division 2 for the work. (2) An exemption under subsection (1) is a work diary exemption (notice). Annexure 2 -- 883 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 880 Authorised by the Chief Parliamentary Counsel 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 Subdivisions 1 to 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. Annexure 2 -- 884 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 881 Authorised by the Chief Parliamentary Counsel 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 Subdivisions 1 to 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 Annexure 2 -- 885 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 882 Authorised by the Chief Parliamentary Counsel 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 notice in the Commonwealth Gazette, in a newspaper circulating generally throughout each relevant participating jurisdiction and on the Regulator’s website— (a) stating that the Regulator believes a ground exists to amend or cancel the 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— Annexure 2 -- 886 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 883 Authorised by the Chief Parliamentary Counsel (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) Notice of the amendment or cancellation must be published— (a) in— (i) the Commonwealth Gazette; and (ii) a newspaper circulating generally throughout each relevant participating jurisdiction; and (b) on the Regulator’s website; and (c) in any other newspaper the Regulator considers appropriate. Example for the purposes of paragraph (c)— If the work diary exemption (notice) relates to a particular part of a participating jurisdiction, the Regulator may consider it appropriate to publish the notice in a newspaper circulating generally in the part. (6) The amendment or cancellation takes effect— (a) 28 days after the Commonwealth Gazette notice is published under subsection (5); or (b) if a later time is stated in the Commonwealth Gazette notice, at the later time. Annexure 2 -- 887 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 884 Authorised by the Chief Parliamentary Counsel (7) In this section— relevant participating jurisdiction, for a work diary exemption (notice), means a participating jurisdiction in which the whole or part of an area or route to which the exemption applies is situated. 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 Subdivisions 1 to 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 Annexure 2 -- 888 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 885 Authorised by the Chief Parliamentary Counsel (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 can not 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 Subdivisions 1 to 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. Annexure 2 -- 889 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 886 Authorised by the Chief Parliamentary Counsel 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. Annexure 2 -- 890 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 887 Authorised by the Chief Parliamentary Counsel (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 Annexure 2 -- 891 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 888 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 892 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 889 Authorised by the Chief Parliamentary Counsel 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 Annexure 2 -- 893 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 890 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 894 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 891 Authorised by the Chief Parliamentary Counsel (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—$6000. (3) If the exemption has been amended, the Regulator must give the person a replacement permit for the exemption as amended. Annexure 2 -- 895 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 892 Authorised by the Chief Parliamentary Counsel 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—$4000. (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—$6000. 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—$3000. Annexure 2 -- 896 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 893 Authorised by the Chief Parliamentary Counsel (3) If an offence is committed against subsection (2) involving the driver of a fatigue-regulated heavy vehicle, each relevant party for the driver is taken to have committed an offence against this subsection. Maximum penalty—$3000. (4) A person charged with an offence against subsection (3) does not have the benefit of the mistake of fact defence for the offence. (5) However, in a proceeding for an offence against subsection (3), the person charged has the benefit of the reasonable steps defence for the offence. Note— See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. (6) In a proceeding for an offence against subsection (3)— (a) it is irrelevant whether or not the driver has been or will be proceeded against, or convicted of, the offence against subsection (2); and (b) evidence a court has convicted the driver of the offence against subsection (2) is evidence that the offence happened at the time and place, and in the circumstances, stated in the charge resulting in the conviction; and (c) evidence of details stated in an infringement notice issued for the offence against subsection (2) is evidence that the offence happened at the time and place, and in the circumstances, stated in the infringement notice. Annexure 2 -- 897 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 894 Authorised by the Chief Parliamentary Counsel (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—$3000. Annexure 2 -- 898 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 895 Authorised by the Chief Parliamentary Counsel Division 8A Exemptions from fatigue record keeping requirements of Division 3 Subdivision 1 Exemptions by Commonwealth Gazette notice 378 Regulator’s power to exempt record keepers from fatigue record keeping requirements (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 Annexure 2 -- 899 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 896 Authorised by the Chief Parliamentary Counsel (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; Annexure 2 -- 900 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 897 Authorised by the Chief Parliamentary Counsel (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 notice in the Commonwealth Gazette, in a newspaper circulating generally throughout each relevant participating jurisdiction and on the Regulator’s website— (a) stating that the Regulator believes a ground exists to amend or cancel the 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 Annexure 2 -- 901 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 898 Authorised by the Chief Parliamentary Counsel (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 (ii) cancel the exemption. (5) Notice of the amendment or cancellation must be published— (a) in— (i) the Commonwealth Gazette; and (ii) a newspaper circulating generally throughout each relevant participating jurisdiction; and Annexure 2 -- 902 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 899 Authorised by the Chief Parliamentary Counsel (b) on the Regulator’s website; and (c) in any other newspaper the Regulator considers appropriate. Example for the purposes of paragraph (c)— If the fatigue record keeping exemption (notice) relates to a particular part of a participating jurisdiction, the Regulator may consider it appropriate to publish the notice in a newspaper circulating generally in the part. (6) The amendment or cancellation takes effect— (a) 28 days after the Commonwealth Gazette notice is published under subsection (5); or (b) if a later time is stated in the Commonwealth Gazette notice, at the later time. (7) In this section— relevant participating jurisdiction, for a fatigue record keeping exemption (notice), means a participating jurisdiction in which the whole or part of an area or route to which the exemption applies is situated. 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). Annexure 2 -- 903 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 900 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 904 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 901 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 905 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 902 Authorised by the Chief Parliamentary Counsel 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. Annexure 2 -- 906 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 903 Authorised by the Chief Parliamentary Counsel 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. Annexure 2 -- 907 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 904 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 908 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 905 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 909 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 906 Authorised by the Chief Parliamentary Counsel (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—$6000. (3) If the exemption has been amended, the Regulator must give the person a replacement permit for the exemption as amended. Annexure 2 -- 910 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 907 Authorised by the Chief Parliamentary Counsel 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—$4000. (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. Annexure 2 -- 911 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 908 Authorised by the Chief Parliamentary Counsel 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—$6000. Division 9 Requirements about odometers 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. Maximum penalty—$6000. (3) A person charged with an offence against subsection (2) does not have the benefit of the mistake of fact defence for the offence. (4) However, in a proceeding for an offence against subsection (2), the person charged has the benefit of the reasonable steps defence for the offence. Note— See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 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. Annexure 2 -- 912 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 909 Authorised by the Chief Parliamentary Counsel (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—$3000. (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—$6000. (3) A person charged with an offence against subsection (2) does not have the benefit of the mistake of fact defence for the offence. (4) However, in a proceeding for an offence against subsection (2), the person charged has the benefit of the reasonable steps defence for the offence. Note— See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. Annexure 2 -- 913 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 910 Authorised by the Chief Parliamentary Counsel 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 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—$6000. (3) A person charged with an offence against subsection (2) does not have the benefit of the mistake of fact defence for the offence. (4) However, in a proceeding for an offence against subsection (2), the person charged has the benefit of the reasonable steps defence for the offence. Note— See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. Chapter 7 Intelligent Access Program Part 7.1 Preliminary 400 Main purposes of Ch 7 (1) The main purposes of this Chapter are— (a) to ensure the integrity of systems used for compliance with intelligent access conditions; and Annexure 2 -- 914 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 911 Authorised by the Chief Parliamentary Counsel (b) to provide for appropriate collection, keeping and handling of intelligent access information. (2) The purpose mentioned in subsection (1)(a) is achieved by— (a) requiring particular entities to report relevant contraventions for intelligent access 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 service providers. (3) The purpose mentioned in subsection (1)(b) is achieved by— (a) allowing entities to collect, hold, use and disclose intelligent access information for only limited purposes and subject to restrictions; and (b) requiring entities with monitoring or auditing functions to ensure intelligent access information collected is accurate, complete and up to date; and (c) requiring entities who collect intelligent access 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. Annexure 2 -- 915 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 912 Authorised by the Chief Parliamentary Counsel 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 Ch 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 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 service provider; and Annexure 2 -- 916 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 913 Authorised by the Chief Parliamentary Counsel (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 conditions) that— (a) either or both of the following is monitored by an approved intelligent transport system used by an intelligent access 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 Ch 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 service provider to monitor the relevant monitoring matters for an intelligent access vehicle. Annexure 2 -- 917 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 914 Authorised by the Chief Parliamentary Counsel 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 agreement means an agreement between the operator of a heavy vehicle and an intelligent access 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 audit means the process of doing 1 or more of the following— (a) reviewing intelligent access information held by an intelligent access service provider to assess whether the information is accurate, complete and up to date; (b) reviewing the processes by which intelligent access information held by an intelligent access service provider is generated, recorded, stored, displayed, analysed, transmitted and reported; (c) examining how intelligent access information held by an intelligent access service provider is used and disclosed by the service provider; (d) examining an approved intelligent transport system. intelligent access conditions has the meaning given by section 402. intelligent access 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. Annexure 2 -- 918 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 915 Authorised by the Chief Parliamentary Counsel Intelligent Access Program has the meaning given in section 401. intelligent access 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 vehicle. intelligent access vehicle means a heavy vehicle— (a) for which a mass or dimension exemption is in force with intelligent access conditions (as referred to in section 402(1)); or (b) for which an HML authority is in force with intelligent access 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— Annexure 2 -- 919 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 916 Authorised by the Chief Parliamentary Counsel (a) a relevant contravention for an intelligent access 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 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 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. Annexure 2 -- 920 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 917 Authorised by the Chief Parliamentary Counsel 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 7.2 Duties and obligations of operators of intelligent access vehicles 404 Offence to give false or misleading information to intelligent access service provider (1) The operator of an intelligent access vehicle commits an offence if— (a) the operator gives information to an intelligent access service provider with whom the operator has entered into an intelligent access 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 in a material particular. Maximum penalty—$10000. Note— See section 632 for the matters a court may consider when deciding whether a person ought reasonably to have known something. Annexure 2 -- 921 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 918 Authorised by the Chief Parliamentary Counsel (2) Subsection (1) does not apply if the operator gives the information in writing and, when giving the information— (a) tells the intelligent access 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 conditions applying to an intelligent access 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 service provider; and (b) the operator intends that the intelligent access service provider will enter into an intelligent access 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 in a material particular. Maximum penalty—$10000. 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— Annexure 2 -- 922 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 919 Authorised by the Chief Parliamentary Counsel (a) tells the intelligent access 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 vehicle must take all reasonable steps to give the vehicle’s driver the following information, before the vehicle begins a journey— (a) that the vehicle will be monitored by an intelligent access service provider; (b) that this Chapter provides for the collection of information by the intelligent access service provider; (c) the information that will be collected by the intelligent access 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; Annexure 2 -- 923 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 920 Authorised by the Chief Parliamentary Counsel (g) how the rights mentioned in paragraph (f) can be exercised; (h) the name and address of the intelligent access service provider. Maximum penalty—$6000. (2) The operator of an intelligent access vehicle is taken to comply with subsection (1) if the operator— (a) gives the intelligent access 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 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. 406 Reporting system malfunctions to Regulator (1) If an operator of an intelligent access 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—$6000. Annexure 2 -- 924 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 921 Authorised by the Chief Parliamentary Counsel (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—$6000. 407 Advising driver of driver’s obligations about reporting system malfunctions (1) The operator of an intelligent access vehicle must take all reasonable steps to tell the vehicle’s driver before the vehicle begins a journey— (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—$6000. Annexure 2 -- 925 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 922 Authorised by the Chief Parliamentary Counsel (2) The operator of an intelligent access 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 7.3 Obligations of drivers of intelligent access vehicles 408 Reporting system malfunctions to operator (1) If the driver of an intelligent access 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—$6000. (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— Annexure 2 -- 926 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 923 Authorised by the Chief Parliamentary Counsel (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—$6000. (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 7.4 Powers, duties and obligations of intelligent access service providers 409 Powers to collect and hold intelligent access information An intelligent access service provider may collect and hold intelligent access information for monitoring the relevant monitoring matters for an intelligent access vehicle. Annexure 2 -- 927 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 924 Authorised by the Chief Parliamentary Counsel 410 Collecting intelligent access information (1) An intelligent access service provider must take all reasonable steps to ensure the intelligent access 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—$6000. (2) An intelligent access service provider must take all reasonable steps to ensure the collection of intelligent access 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—$6000. 411 Keeping records of intelligent access information collected (1) An intelligent access service provider must keep, in a way complying with subsection (2), records of the intelligent access information collected by the service provider. Maximum penalty—$6000. (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 auditor. 412 Protecting intelligent access information An intelligent access service provider must take all reasonable steps to protect intelligent access information collected by the service provider against unauthorised access, unauthorised use, Annexure 2 -- 928 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 925 Authorised by the Chief Parliamentary Counsel misuse, loss, modification or unauthorised disclosure. Maximum penalty—$6000. 413 Making individuals aware of personal information held (1) An intelligent access 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—$6000. (2) If asked by an individual about whom an intelligent access 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; Annexure 2 -- 929 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 926 Authorised by the Chief Parliamentary Counsel (f) how the rights mentioned in paragraph (e) can be exercised. Maximum penalty—$6000. (3) Subsection (2) does not require an intelligent access 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 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—$6000. (2) Subsection (1) does not require an intelligent access 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 service provider holds personal information asks the service provider to make a particular change to the personal information. (2) The intelligent access 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—$6000. (3) If the intelligent access service provider is not satisfied as mentioned in subsection (2), the service provider may refuse to comply with the request. Annexure 2 -- 930 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 927 Authorised by the Chief Parliamentary Counsel (4) If, under subsection (3), an intelligent access 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—$6000. 416 General restriction on use and disclosure of intelligent access information An intelligent access service provider must not use or disclose intelligent access information other than as required or authorised under this Law or another law. Maximum penalty—$6000. 417 Giving intelligent access auditor access to records An intelligent access service provider must give an intelligent access auditor access to a record kept by the service provider for the purposes of this Chapter. Maximum penalty—$6000. Annexure 2 -- 931 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 928 Authorised by the Chief Parliamentary Counsel 418 Powers to use and disclose intelligent access information (1) An intelligent access service provider may use intelligent access information for monitoring the relevant monitoring matters for an intelligent access vehicle. (2) An intelligent access service provider may disclose intelligent access information to the Regulator for compliance purposes. (3) An intelligent access service provider may disclose intelligent access 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 service provider discloses intelligent access 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 service provider may disclose intelligent access information about an operator of an intelligent access vehicle to the operator. Annexure 2 -- 932 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 929 Authorised by the Chief Parliamentary Counsel (6) Subsection (5) does not apply to the following— (a) a noncompliance report about an intelligent access vehicle operated by the operator; (b) information that a noncompliance report has been made about an intelligent access vehicle operated by the operator; (c) information disclosed under the authority of a warrant as referred to in subsection (3). (7) An intelligent access service provider may, with the written consent of an operator of an intelligent access vehicle, disclose intelligent access 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 service provider may use or disclose intelligent access 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 information (1) If an intelligent access service provider uses or discloses intelligent access 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 Annexure 2 -- 933 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 930 Authorised by the Chief Parliamentary Counsel (b) is in a form that ensures the record is readily accessible by an intelligent access auditor at the place where it is kept. Maximum penalty—$6000. (2) The record must contain the following information— (a) the intelligent access service provider’s name or, if someone else used or disclosed the intelligent access information on behalf of the service provider, the name of the person who used or disclosed the intelligent access information; (b) the date of the use or disclosure; (c) for a use of intelligent access information by or on behalf of the intelligent access service provider, a brief description of how the information was used; (d) for a disclosure of intelligent access information by or on behalf of the intelligent access service provider, the entity to whom the information was disclosed; (e) the provision of this Law or another law the intelligent access 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 service provider must keep a record made under this section for at least 2 years. Maximum penalty—$6000. Annexure 2 -- 934 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 931 Authorised by the Chief Parliamentary Counsel 420 Keeping noncompliance report etc. (1) This section applies if a noncompliance report is made by an approved intelligent transport system operated by an intelligent access service provider. (2) The intelligent access 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—$6000. 421 Destroying intelligent access information etc. (1) An intelligent access service provider must take all reasonable steps— (a) to destroy intelligent access information collected by the provider 1 year after the information is collected by the service provider; and (b) to destroy a record the service provider is required to keep under section 419 within 1 year after the service provider is no longer required to keep the record under that section. Maximum penalty—$6000. (2) This section does not apply to a noncompliance report or information the intelligent access service provider is required to keep under section 420. Annexure 2 -- 935 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 932 Authorised by the Chief Parliamentary Counsel 422 Reporting relevant contraventions to Regulator (1) This section applies if an intelligent access service provider knows of a relevant contravention for an intelligent access vehicle. (2) The intelligent access service provider must, within 7 days, give the Regulator a report about the relevant contravention in the approved form. Maximum penalty—$6000. (3) For the purposes of subsection (1), an intelligent access service provider is taken to know of a relevant contravention for an intelligent access 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 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—$6000. (2) If an intelligent access 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—$6000. Annexure 2 -- 936 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 933 Authorised by the Chief Parliamentary Counsel (3) For the purposes of subsections (1) and (2), an intelligent access 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 vehicle. 424 Restriction on disclosing information about tampering or suspected tampering with approved intelligent transport system (1) If an intelligent access 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—$6000. (2) For the purposes of subsection (1), an intelligent access service provider does not know, or have reasonable grounds to suspect, an approved Annexure 2 -- 937 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 934 Authorised by the Chief Parliamentary Counsel 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 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—$6000. (4) If an intelligent access 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—$6000. (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. Annexure 2 -- 938 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 935 Authorised by the Chief Parliamentary Counsel Part 7.5 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 service providers to monitor the relevant monitoring matters for an intelligent access vehicle; (b) managing the certification and audit regime for the Intelligent Access Program; (c) certifying and auditing, and cancelling the certification of, intelligent access 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 information TCA may collect and hold intelligent access information— (a) for the exercise of its functions mentioned in section 425; or (b) for law enforcement purposes. Annexure 2 -- 939 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 936 Authorised by the Chief Parliamentary Counsel 427 Collecting intelligent access information (1) TCA must take all reasonable steps to ensure the intelligent access 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—$6000. (2) TCA must take all reasonable steps to ensure the collection of intelligent access information by it does not intrude to an unreasonable extent on the personal privacy of any individual to whom the information relates. Maximum penalty—$6000. 428 Protecting intelligent access information collected TCA must take all reasonable steps to protect intelligent access information collected by it against unauthorised access, unauthorised use, misuse, loss, modification or unauthorised disclosure. Maximum penalty—$6000. 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—$6000. Annexure 2 -- 940 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 937 Authorised by the Chief Parliamentary Counsel (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—$6000. (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—$6000. (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. Annexure 2 -- 941 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 938 Authorised by the Chief Parliamentary Counsel 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—$6000. (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—$6000. 432 General restriction on use and disclosure of intelligent access information TCA must not use or disclose intelligent access information other than as required or authorised under this Law or another law. Maximum penalty—$6000. Annexure 2 -- 942 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 939 Authorised by the Chief Parliamentary Counsel 433 Powers to use and disclose intelligent access information (1) TCA may use or disclose intelligent access information— (a) for the exercise of its functions mentioned in section 425; or (b) for law enforcement purposes. (2) TCA may disclose intelligent access 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 information to an intelligent access auditor if it is satisfied the information is relevant to an intelligent access audit the auditor is conducting. (4) TCA may disclose intelligent access information relating to a particular operator of an intelligent access vehicle to the operator. (5) TCA may, with the written consent of an operator of an intelligent access vehicle, disclose intelligent access 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 information for research purposes if the information contains no personal information. Annexure 2 -- 943 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 940 Authorised by the Chief Parliamentary Counsel (7) TCA may use or disclose intelligent access 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 information that may be used or disclosed TCA must not use or disclose intelligent access 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—$6000. 435 Keeping record of use or disclosure of intelligent access information (1) If TCA uses or discloses intelligent access 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—$6000. (2) The record must contain the following information— (a) the name of the person who used or disclosed the intelligent access information on behalf of TCA; (b) the date of the use or disclosure; Annexure 2 -- 944 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 941 Authorised by the Chief Parliamentary Counsel (c) for a use of intelligent access information by or on behalf of TCA, a brief description of how the information was used; (d) for a disclosure of intelligent access 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—$6000. 436 Keeping noncompliance reports TCA must keep any noncompliance report received by it for at least 4 years after its receipt. Maximum penalty—$6000. 437 Destroying intelligent access information or removing personal information from it (1) TCA must take all reasonable steps to destroy intelligent access information collected by it— (a) generally—1 year after the information is collected; or (b) if, at the end of the period mentioned in paragraph (a), the information is required for law enforcement purposes—as soon as practicable after the information ceases to be required for law enforcement purposes. Maximum penalty—$6000. Annexure 2 -- 945 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 942 Authorised by the Chief Parliamentary Counsel (2) TCA is taken to have complied with subsection (1) for intelligent access 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—$6000. (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— Annexure 2 -- 946 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 943 Authorised by the Chief Parliamentary Counsel (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—$6000. (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—$6000. (4) Subsection (1) or (3) does not apply if the disclosure of the information to which the subsection applies is authorised under another law. Annexure 2 -- 947 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 944 Authorised by the Chief Parliamentary Counsel Part 7.6 Powers, duties and obligations of intelligent access auditors 440 Powers to collect and hold intelligent access information An intelligent access auditor may collect and hold intelligent access information for conducting an intelligent access audit. 441 Collecting intelligent access information (1) An intelligent access auditor must take all reasonable steps to ensure intelligent access 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—$6000. (2) An intelligent access auditor must take all reasonable steps to ensure the collection of intelligent access 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—$6000. 442 Protecting intelligent access information collected An intelligent access auditor must take all reasonable steps to protect intelligent access information collected by the auditor against unauthorised access, unauthorised use, misuse, loss, modification or unauthorised disclosure. Maximum penalty—$6000. Annexure 2 -- 948 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 945 Authorised by the Chief Parliamentary Counsel 443 Making individuals aware of personal information held (1) If asked by an individual about whom an intelligent access 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—$6000. (2) Subsection (1) does not require an intelligent access 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 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—$6000. (2) Subsection (1) does not require an intelligent access auditor to give an individual access to a report made under section 422, 423, 438, 451 or 452. Annexure 2 -- 949 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 946 Authorised by the Chief Parliamentary Counsel 445 Correcting errors etc. (1) This section applies if an individual about whom an intelligent access auditor holds personal information asks the auditor to make a particular change to the personal information. (2) The intelligent access 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—$6000. (3) If the intelligent access 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 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—$6000. 446 General restriction on use and disclosure of intelligent access information An intelligent access auditor must not use or disclose intelligent access information other than as required or authorised under this Law or another law. Maximum penalty—$6000. Annexure 2 -- 950 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 947 Authorised by the Chief Parliamentary Counsel 447 Powers to use and disclose intelligent access information (1) An intelligent access auditor may use and disclose intelligent access information for— (a) conducting an intelligent access audit; or (b) reporting, to TCA, any of the following— (i) a relevant contravention for an intelligent access vehicle; (ii) tampering or suspected tampering with an approved intelligent transport system by an operator of an intelligent access vehicle; (iii) tampering or suspected tampering with an approved intelligent transport system by an intelligent access service provider; (iv) a failure by an intelligent access service provider to comply with the service provider’s obligations under this Chapter. (2) An intelligent access auditor may disclose intelligent access 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 auditor may disclose intelligent access information to TCA if the auditor is reasonably satisfied the information is relevant to TCA’s functions under this Chapter. (4) An intelligent access auditor may disclose intelligent access information relating to a particular operator of an intelligent access vehicle to the operator. Annexure 2 -- 951 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 948 Authorised by the Chief Parliamentary Counsel (5) An intelligent access auditor may use and disclose intelligent access 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 information that may be used or disclosed An intelligent access auditor must not use or disclose intelligent access 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—$6000. 449 Keeping record of use or disclosure of intelligent access information (1) If an intelligent access auditor uses or discloses intelligent access 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—$6000. (2) The record must contain the following information— (a) the intelligent access auditor’s name or, if someone else used or disclosed the intelligent access information on behalf of the auditor, the name of the person who used or disclosed the intelligent access information; Annexure 2 -- 952 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 949 Authorised by the Chief Parliamentary Counsel (b) the date of the use or disclosure; (c) for a use of intelligent access information by or on behalf of the auditor, a brief description of how the information was used; (d) for a disclosure of intelligent access 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—$6000. (3) An intelligent access auditor must keep a record made under this section for at least 2 years. Maximum penalty—$6000. 450 Destroying intelligent access information or removing personal information from it (1) An intelligent access auditor must take all reasonable steps to destroy intelligent access information held by the auditor that is no longer needed for an intelligent access audit conducted by the auditor. Maximum penalty—$6000. (2) An intelligent access auditor is taken to have complied with subsection (1) for intelligent access information if the auditor permanently removes anything by which an individual can be identified from the information. Annexure 2 -- 953 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 950 Authorised by the Chief Parliamentary Counsel 451 Reporting contraventions by intelligent access service providers to TCA If an intelligent access auditor knows, or has reasonable grounds to suspect, an intelligent access service provider has contravened an obligation under this Chapter, the auditor must, as soon as practicable, report the matter to TCA. Maximum penalty—$6000. 452 Reporting tampering or suspected tampering with approved intelligent transport system to Regulator or TCA If an intelligent access 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 vehicle—to the Regulator; or (b) for tampering or suspected tampering by an intelligent access service provider—to TCA. Maximum penalty—$6000. 453 Restriction on disclosing information about tampering or suspected tampering with approved intelligent transport system (1) If an intelligent access 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; Annexure 2 -- 954 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 951 Authorised by the Chief Parliamentary Counsel (b) information from which it could reasonably be inferred that the auditor has that knowledge or suspicion. Maximum penalty—$6000. (2) If an intelligent access 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—$6000. (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 7.7 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 information; or (ii) fail to generate, record, store, display, analyse, transmit or report intelligent access information correctly. Maximum penalty—$10000. Annexure 2 -- 955 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 952 Authorised by the Chief Parliamentary Counsel (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 information; or (ii) fail to generate, record, store, display, analyse, transmit or report intelligent access information correctly. Maximum penalty—$8000. (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 identifiers (1) The Regulator may issue a distinguishing number for an intelligent access vehicle that indicates the vehicle is an intelligent access vehicle (an intelligent access identifier). (2) The intelligent access identifier may consist of numbers or letters or a combination of numbers and letters. Annexure 2 -- 956 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 953 Authorised by the Chief Parliamentary Counsel (3) If an intelligent access 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. Chapter 8 Accreditation Part 8.1 Preliminary 456 Purpose of Ch 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 Ch 8 In this Chapter— AFM fatigue management system, for an operator of a fatigue-regulated 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 Annexure 2 -- 957 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 954 Authorised by the Chief Parliamentary Counsel (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-regulated heavy vehicle, means the operator’s management system for ensuring compliance with the BFM standards and business rules, including by— Annexure 2 -- 958 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 955 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 959 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 956 Authorised by the Chief Parliamentary Counsel 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— Annexure 2 -- 960 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 957 Authorised by the Chief Parliamentary Counsel (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 the vehicle and its load before it starts a journey, or starts a part of a journey after the vehicle’s load is changed; (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 Annexure 2 -- 961 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 958 Authorised by the Chief Parliamentary Counsel (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 8.2 Grant of heavy vehicle accreditation 458 Regulator’s power to grant heavy vehicle accreditation The Regulator may grant an operator of a heavy vehicle— (a) an accreditation exempting, for a period of not more than 3 years, the vehicle from the requirement to be inspected before renewal of registration of the vehicle under this Law (maintenance management accreditation); or (b) an accreditation allowing, for a period of not more than 3 years, the vehicle to operate at concessional mass limits or higher mass limits applying under the mass requirements (mass management accreditation); or (c) an accreditation allowing, for a period of not more than 3 years, drivers of the vehicle to operate under BFM hours (BFM accreditation); or (d) an accreditation allowing, for a period of not more than 3 years, drivers of the vehicle to operate under AFM hours (AFM accreditation). Annexure 2 -- 962 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 959 Authorised by the Chief Parliamentary Counsel 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 taken all reasonable steps 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; Annexure 2 -- 963 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 960 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 964 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 961 Authorised by the Chief Parliamentary Counsel (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 Annexure 2 -- 965 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 962 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 966 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 963 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 967 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 964 Authorised by the Chief Parliamentary Counsel 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 can not operate under the operator’s accreditation for a stated period; and (b) a condition that a named employee or associate of the operator can not 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. 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— Annexure 2 -- 968 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 965 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 969 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 966 Authorised by the Chief Parliamentary Counsel 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. (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. Annexure 2 -- 970 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 967 Authorised by the Chief Parliamentary Counsel Part 8.3 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—$6000. 468 Driver must carry accreditation details (1) The driver of a heavy vehicle who is operating under a heavy vehicle 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—$3000. Annexure 2 -- 971 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 968 Authorised by the Chief Parliamentary Counsel (2) Subsection (1) applies even if the driver and operator are the same person. (3) If an offence is committed against subsection (1) involving the driver of a heavy vehicle, the operator of the vehicle is taken to have committed an offence against this subsection. Maximum penalty—$3000. (4) A person charged with an offence against subsection (3) does not have the benefit of the mistake of fact defence for the offence. (5) However, in a proceeding for an offence against subsection (3), the person charged has the benefit of the reasonable steps defence for the offence. Note— See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. (6) In a proceeding for an offence against subsection (3)— (a) it is irrelevant whether or not the driver has been or will be proceeded against, or convicted of, the offence against subsection (1); and (b) evidence a court has convicted the driver of the offence against subsection (1) is evidence the offence happened at the time and place, and in the circumstances, stated in the charge resulting in the conviction; and (c) evidence of details stated in an infringement notice issued for the offence against subsection (1) is evidence the offence happened at the time and place, and in the circumstances, stated in the infringement notice. Annexure 2 -- 972 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 969 Authorised by the Chief Parliamentary Counsel 469 Driver must return particular documents if stops operating under accreditation etc. (1) This section applies if— (a) the driver of a heavy vehicle is operating under a heavy vehicle 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 heavy vehicle accreditation; or (ii) no longer meets the requirements relating to drivers operating under the operator’s heavy vehicle accreditation (if any). (2) The driver must return the document to the operator as soon as reasonably practicable. Maximum penalty—$4000. 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) 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—$6000. Annexure 2 -- 973 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 970 Authorised by the Chief Parliamentary Counsel (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—$6000. (4) The operator must keep— (a) the accreditation certificate for the operator’s heavy vehicle accreditation; and (b) if the operator’s heavy vehicle accreditation is AFM accreditation or BFM accreditation— a current list of drivers operating under the operator’s accreditation; 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; and (d) records demonstrating the operator has complied with— (i) if the operator’s heavy vehicle accreditation is AFM accreditation— subsections (2) and (3); or (ii) otherwise—subsection (2). Maximum penalty—$6000. (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 made under subsection (4)(b) or (c)—at least 3 years after the list is made; Annexure 2 -- 974 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 971 Authorised by the Chief Parliamentary Counsel (c) for each record made under subsection (4)(d)—at least 3 years after the record is made. Maximum penalty—$6000. (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—$3000. (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) 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—$3000. (9) Subsections (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 Annexure 2 -- 975 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 972 Authorised by the Chief Parliamentary Counsel (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—$6000. (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—$4000. Annexure 2 -- 976 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 973 Authorised by the Chief Parliamentary Counsel Part 8.4 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 Annexure 2 -- 977 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 974 Authorised by the Chief Parliamentary Counsel (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; Annexure 2 -- 978 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 975 Authorised by the Chief Parliamentary Counsel (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 Annexure 2 -- 979 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 976 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 980 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 977 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 981 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 978 Authorised by the Chief Parliamentary Counsel Part 8.5 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—$6000. (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—$4000. Annexure 2 -- 982 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 979 Authorised by the Chief Parliamentary Counsel 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—$10000. (2) An approved auditor must not falsely represent that the person is an auditor of a particular approved class. Maximum penalty—$10000. (3) An approved auditor must not falsely represent that the person has audited an operator’s relevant management system. Maximum penalty—$10000. (4) A person must not falsely represent the opinion of an approved auditor in relation to an operator’s relevant management system. Maximum penalty—$10000. (5) In this section— approved class means a class of auditors approved by the responsible Ministers under section 654. Annexure 2 -- 983 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 980 Authorised by the Chief Parliamentary Counsel Chapter 9 Enforcement Part 9.1 General matters about authorised officers Division 1 Functions 479 Functions of authorised officers 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. Division 2 Appointment 480 Application of Div 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 Annexure 2 -- 984 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 981 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 985 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 982 Authorised by the Chief Parliamentary Counsel (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 Div 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. Annexure 2 -- 986 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 983 Authorised by the Chief Parliamentary Counsel 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—$3000. Annexure 2 -- 987 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 984 Authorised by the Chief Parliamentary Counsel 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. 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. Annexure 2 -- 988 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 985 Authorised by the Chief Parliamentary Counsel (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. (2) Subsection (1)— (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 Annexure 2 -- 989 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 986 Authorised by the Chief Parliamentary Counsel 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 9.2 Powers in relation to places Division 1 Preliminary 494 Definitions for Pt 9.2 (1) In this Part— 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. Annexure 2 -- 990 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 987 Authorised by the Chief Parliamentary Counsel relevant place— (a) means— (i) a place of business of a responsible person for a heavy vehicle; or (ii) the relevant garage address of a heavy vehicle; or (iii) the base of the driver or drivers of a heavy vehicle; or (iv) 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; but (b) does not include a place or part of a place mentioned in paragraph (a) 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 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— (i) open for carrying on a business; or (ii) otherwise open for entry; or Annexure 2 -- 991 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 988 Authorised by the Chief Parliamentary Counsel (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; Annexure 2 -- 992 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 989 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 993 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 990 Authorised by the Chief Parliamentary Counsel (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. (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. Annexure 2 -- 994 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 991 Authorised by the Chief Parliamentary Counsel 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 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 Annexure 2 -- 995 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 992 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 996 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 993 Authorised by the Chief Parliamentary Counsel (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 Annexure 2 -- 997 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 994 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 998 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 995 Authorised by the Chief Parliamentary Counsel (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; Annexure 2 -- 999 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 996 Authorised by the Chief Parliamentary Counsel (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 Part 9.3; Annexure 2 -- 1000 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 997 Authorised by the Chief Parliamentary Counsel (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 Annexure 2 -- 1001 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 998 Authorised by the Chief Parliamentary Counsel (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 can not be returned to its owner or the owner can not 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. Annexure 2 -- 1002 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 999 Authorised by the Chief Parliamentary Counsel (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. Division 4 Procedure for entry by consent 501 Application of Div 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 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. Annexure 2 -- 1003 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1000 Authorised by the Chief Parliamentary Counsel (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 have 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; Annexure 2 -- 1004 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1001 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 1005 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1002 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 1006 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1003 Authorised by the Chief Parliamentary Counsel 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; Annexure 2 -- 1007 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1004 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 1008 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1005 Authorised by the Chief Parliamentary Counsel (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 (b) otherwise— (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 Annexure 2 -- 1009 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1006 Authorised by the Chief Parliamentary Counsel (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). Annexure 2 -- 1010 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1007 Authorised by the Chief Parliamentary Counsel 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). Annexure 2 -- 1011 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1008 Authorised by the Chief Parliamentary Counsel Part 9.3 Powers in relation to heavy vehicles Division 1 Preliminary 511 Application of Pt 9.3 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 Part 9.2. 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. Annexure 2 -- 1012 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1009 Authorised by the Chief Parliamentary Counsel (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—$6000. (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. Annexure 2 -- 1013 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1010 Authorised by the Chief Parliamentary Counsel 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—$6000. Division 3 Moving heavy vehicle 515 Definition for Div 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. Annexure 2 -- 1014 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1011 Authorised by the Chief Parliamentary Counsel 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—$6000. (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— Annexure 2 -- 1015 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1012 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 1016 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1013 Authorised by the Chief Parliamentary Counsel (4) A person given a direction under subsection (2) must comply with the direction, unless the person has a reasonable excuse. Maximum penalty—$6000. (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 Annexure 2 -- 1017 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1014 Authorised by the Chief Parliamentary Counsel (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 ensure that, so far as is reasonably practicable, 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. Annexure 2 -- 1018 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1015 Authorised by the Chief Parliamentary Counsel 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. Annexure 2 -- 1019 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1016 Authorised by the Chief Parliamentary Counsel (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 number plate, label or other thing required to be displayed on the heavy vehicle under this Law; and (c) inspect a relevant document in the heavy vehicle; and Annexure 2 -- 1020 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1017 Authorised by the Chief Parliamentary Counsel (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, Annexure 2 -- 1021 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1018 Authorised by the Chief Parliamentary Counsel 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. Annexure 2 -- 1022 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1019 Authorised by the Chief Parliamentary Counsel (2) The authorised officer may form the necessary belief— (a) during or after an inspection of the heavy vehicle under Part 9.2 or section 520; or (b) independently of an inspection of the heavy vehicle under Part 9.2 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 number plate, label or other thing required to be displayed on the heavy vehicle under this 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 Example of device or other thing— an intelligent transport system Annexure 2 -- 1023 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1020 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 1024 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1021 Authorised by the Chief Parliamentary Counsel (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. (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 30 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. (2) A notice must be served on— (a) the person in charge of the heavy vehicle; or (b) the registered operator or, if the heavy vehicle is not registered, an owner. Annexure 2 -- 1025 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1022 Authorised by the Chief Parliamentary Counsel (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—$6000. Annexure 2 -- 1026 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1023 Authorised by the Chief Parliamentary Counsel (6) Failure to produce or allow a heavy vehicle to be inspected as required under this section is a ground for suspending the registration of the vehicle. 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 Annexure 2 -- 1027 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1024 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 1028 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1025 Authorised by the Chief Parliamentary Counsel (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—$6000. Division 6 Further powers in relation to heavy vehicles concerning heavy vehicle standards 525 Definitions for Div 6 In this Division— defective heavy vehicle means a heavy vehicle that— (a) contravenes the heavy vehicle standards; or Annexure 2 -- 1029 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1026 Authorised by the Chief Parliamentary Counsel (b) has a part that— (i) does not perform its intended function; or (ii) has deteriorated to an extent that it can not 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 vehicle defect notice applies; and (b) stating— (i) the vehicle’s registration number or, if the vehicle is not registered, a temporary identification number marked on the vehicle by the authorised officer issuing the notice; 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. Annexure 2 -- 1030 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1027 Authorised by the Chief Parliamentary Counsel 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; and (b) the use of the vehicle on a road poses a safety risk. (2) The authorised officer may issue the following notice in relation to the heavy vehicle, in the way mentioned in subsection (3)— (a) if the officer reasonably believes the safety risk is an imminent and serious safety risk— a notice (a major defect notice) stating the vehicle must not be used on a road after the notice is issued other than to move it to a stated location in a stated way; or (b) if the officer reasonably believes the safety risk is not an imminent and serious safety risk—a notice (a minor defect notice) stating the vehicle must not be used on a road after a stated time unless stated action required to stop the vehicle from being a defective heavy vehicle is taken. (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, as soon as practicable, give the notice to the operator. Maximum penalty—$3000. Annexure 2 -- 1031 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1028 Authorised by the Chief Parliamentary Counsel (5) An authorised officer may, on request made by the operator of a heavy vehicle that is the subject of a vehicle defect notice, give permission for the vehicle to be used on a road during a period stated in the permission, but only if the authorised officer is satisfied that— (a) the relevant repairs have been undertaken; and (b) the vehicle will be taken within that stated period to be inspected for the purpose of enabling the vehicle defect notice to be cleared under section 530; and (c) the request is necessary and reasonable; and (d) the permitted use will not pose a safety risk. (6) An authorised officer may, on request made by the operator of a heavy vehicle that is the subject of a permission under subsection (5), vary the permission by extending the stated time that the vehicle may be used on a road, but only if the authorised officer is satisfied— (a) the relevant repairs have been undertaken; and (b) the vehicle will be taken within that extended period to be inspected for the purpose of enabling the vehicle defect notice to be cleared under section 530; and (c) the request is necessary and reasonable; and (d) the permitted use during the extended period will not pose a safety risk. (7) A permission under subsection (5) or an extension of time under subsection (6) must be in writing and may be given unconditionally or subject to any reasonable conditions imposed by the authorised officer. Annexure 2 -- 1032 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1029 Authorised by the Chief Parliamentary Counsel (8) Subsections (5) and (6) have effect in relation to a heavy vehicle that is the subject of a major defect notice despite anything in subsection (2) or in the major defect notice. 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 vehicle is a defective heavy vehicle and details of how the vehicle is a defective heavy vehicle; (b) for a notice given in circumstances mentioned in section 526(2)(a)—that the vehicle must not be used on a road after the notice is issued other than to move it to a location stated in the notice in the way stated in the notice; (c) for a notice given in circumstances mentioned in section 526(2)(b)—that the vehicle must not be used on a road after a time stated in the notice unless action required to stop the vehicle from being a defective heavy vehicle stated in the notice is 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 temporary identification number marked on the vehicle by the authorised officer issuing the notice; and Annexure 2 -- 1033 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1030 Authorised by the Chief Parliamentary Counsel (ii) the vehicle’s make and category; and (iii) the vehicle’s VIN or, if there is no VIN, the vehicle’s chassis number or engine number, but only if it is practicable and safe to do so; (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) that, if the notice is not cleared by the Regulator under section 530, the vehicle’s registration may be suspended and subsequently cancelled under this Law; (j) any conditions imposed under subsection (2). (2) The authorised officer issuing a vehicle 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. 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. Annexure 2 -- 1034 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1031 Authorised by the Chief Parliamentary Counsel (3) A person must not remove or deface a defective vehicle label attached to a heavy vehicle under subsection (1) or (2). Maximum penalty—$3000. (4) Subsection (3) does not apply to a person removing a defective vehicle label under section 530(2) or 531(4). 529 Using defective 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—$3000. 530 Clearance of vehicle defect notices (1) A vehicle 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 vehicle 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— Annexure 2 -- 1035 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1032 Authorised by the Chief Parliamentary Counsel (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 the Regulator and the person to whom the vehicle defect notice was issued. (4) 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 Div 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. Annexure 2 -- 1036 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1033 Authorised by the Chief Parliamentary Counsel 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 Annexure 2 -- 1037 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1034 Authorised by the Chief Parliamentary Counsel (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—$10000. (8) In this section— stated means stated by the authorised officer. Annexure 2 -- 1038 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1035 Authorised by the Chief Parliamentary Counsel 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. Annexure 2 -- 1039 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1036 Authorised by the Chief Parliamentary Counsel (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—$10000. (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. Annexure 2 -- 1040 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1037 Authorised by the Chief Parliamentary Counsel (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—$10000. (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. Annexure 2 -- 1041 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1038 Authorised by the Chief Parliamentary Counsel 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 Div 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. Annexure 2 -- 1042 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1039 Authorised by the Chief Parliamentary Counsel 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. Annexure 2 -- 1043 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1040 Authorised by the Chief Parliamentary Counsel 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— Annexure 2 -- 1044 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1041 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 1045 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1042 Authorised by the Chief Parliamentary Counsel (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 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. (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. Annexure 2 -- 1046 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1043 Authorised by the Chief Parliamentary Counsel 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 can not 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. Annexure 2 -- 1047 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1044 Authorised by the Chief Parliamentary Counsel 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—$10000. (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 9.4 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 Annexure 2 -- 1048 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1045 Authorised by the Chief Parliamentary Counsel (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— Annexure 2 -- 1049 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1046 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 1050 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1047 Authorised by the Chief Parliamentary Counsel 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. Annexure 2 -- 1051 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1048 Authorised by the Chief Parliamentary Counsel 547 Seizing evidence in a heavy vehicle entered under s 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 Annexure 2 -- 1052 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1049 Authorised by the Chief Parliamentary Counsel (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 s 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— Annexure 2 -- 1053 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1050 Authorised by the Chief Parliamentary Counsel (a) that the number plate is being used other than in accordance with this Law or any other applicable law; or (b) that the number plate was not issued in accordance with this Law or any other applicable 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 this Law or any other applicable law; or (b) a number plate seized under subsection (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 Annexure 2 -- 1054 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1051 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 1055 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1052 Authorised by the Chief Parliamentary Counsel (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—$10000. 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. Annexure 2 -- 1056 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1053 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 1057 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1054 Authorised by the Chief Parliamentary Counsel 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 take reasonable steps 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 Annexure 2 -- 1058 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1055 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 1059 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1056 Authorised by the Chief Parliamentary Counsel 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 can not, or can not 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 can not be located after all reasonable steps have been taken 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. Annexure 2 -- 1060 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1057 Authorised by the Chief Parliamentary Counsel 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—$10000. (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 take all reasonable steps to stop any other person from doing anything prohibited by the notice. Maximum penalty—$10000. Annexure 2 -- 1061 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1058 Authorised by the Chief Parliamentary Counsel (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 can not 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—$10000. (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— Annexure 2 -- 1062 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1059 Authorised by the Chief Parliamentary Counsel (a) an authorised officer’s approval; or (b) a reasonable excuse. Maximum penalty—$10000. (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—$10000. (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 Annexure 2 -- 1063 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1060 Authorised by the Chief Parliamentary Counsel (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, can not find its owner; or Annexure 2 -- 1064 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1061 Authorised by the Chief Parliamentary Counsel (b) after making reasonable efforts, can not 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 can not 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 Annexure 2 -- 1065 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1062 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 1066 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1063 Authorised by the Chief Parliamentary Counsel 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. Annexure 2 -- 1067 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1064 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 1068 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1065 Authorised by the Chief Parliamentary Counsel (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 Annexure 2 -- 1069 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1066 Authorised by the Chief Parliamentary Counsel 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. Annexure 2 -- 1070 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1067 Authorised by the Chief Parliamentary Counsel (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—$3000. (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. Annexure 2 -- 1071 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1068 Authorised by the Chief Parliamentary Counsel (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 Part 9.2; 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 document, device or other thing the driver is required under this Law to keep in the driver’s possession while driving the vehicle. Annexure 2 -- 1072 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1069 Authorised by the Chief Parliamentary Counsel Examples— • a copy of a Commonwealth Gazette notice or permit • a work diary (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—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 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. (5) The authorised officer may— (a) take a copy of, or an extract from, a 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 Annexure 2 -- 1073 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1070 Authorised by the Chief Parliamentary Counsel (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 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—$3000. (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. Annexure 2 -- 1074 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1071 Authorised by the Chief Parliamentary Counsel 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 in the vehicle register is or is not the vehicle’s actual garage address. Annexure 2 -- 1075 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1072 Authorised by the Chief Parliamentary Counsel (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—$6000. (3) Compliance with a requirement made under subsection (1) for an electronic document requires the making available or production of a clear written reproduction of the electronic document. (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. (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. Annexure 2 -- 1076 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1073 Authorised by the Chief Parliamentary Counsel (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—$3000. (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. (10) A requirement under subsection (1) in relation to a document referred to in subsection (1)(e) may be made only in relation to an alleged or possible offence against section 204 or 230. Annexure 2 -- 1077 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1074 Authorised by the Chief Parliamentary Counsel 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. (2) Without limiting subsection (1), a responsible person who is associated with a particular vehicle may be required to provide information about the 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. (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—$6000. (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. Annexure 2 -- 1078 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1075 Authorised by the Chief Parliamentary Counsel (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. (6) In this section— information includes electronically stored information. 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. Annexure 2 -- 1079 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1076 Authorised by the Chief Parliamentary Counsel 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— Annexure 2 -- 1080 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1077 Authorised by the Chief Parliamentary Counsel (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—$10000. (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, Annexure 2 -- 1081 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1078 Authorised by the Chief Parliamentary Counsel 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 can not 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; Annexure 2 -- 1082 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1079 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 1083 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1080 Authorised by the Chief Parliamentary Counsel (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. (3) In this section— 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 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— Annexure 2 -- 1084 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1081 Authorised by the Chief Parliamentary Counsel (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. (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 Annexure 2 -- 1085 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1082 Authorised by the Chief Parliamentary Counsel (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—$10000. (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. (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 Annexure 2 -- 1086 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1083 Authorised by the Chief Parliamentary Counsel extent the provision would require the occupier or person to be qualified to start or stop the engine. Part 9.5 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 take all reasonable steps 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. Annexure 2 -- 1087 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1084 Authorised by the Chief Parliamentary Counsel (2) The authorised officer must take all reasonable steps 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— Annexure 2 -- 1088 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1085 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 1089 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1086 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 1090 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1087 Authorised by the Chief Parliamentary Counsel (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 9.6 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. Annexure 2 -- 1091 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1088 Authorised by the Chief Parliamentary Counsel 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—$10000. (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—$10000. Division 3 Other provisions 586 Multiple requirements An authorised officer may— (a) on the same occasion— (i) give more than 1 direction to, or make more than 1 requirement of, a person under a provision of this Chapter; or (ii) give a direction to, or make a requirement of, a person under a provision of this Chapter and give a direction to, or make a requirement of, the person under 1 or more other provisions of this Chapter; or Annexure 2 -- 1092 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1089 Authorised by the Chief Parliamentary Counsel (b) give a direction to, or make a requirement of, a person under a provision and give a further direction to, or make a further requirement of, the person under the same provision; or (c) make a combination of directions or requirements under paragraph (a)(i) or (ii) or (b). 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 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 provided by an individual in compliance with the requirement; (b) information directly or indirectly derived from information mentioned in paragraph (a). (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. Annexure 2 -- 1093 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1090 Authorised by the Chief Parliamentary Counsel (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 10.1 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 taken reasonable steps 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. Annexure 2 -- 1094 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1091 Authorised by the Chief Parliamentary Counsel (2) The authorised officer may give the person a written warning. (3) However, a warning must not be given for a contravention of a mass, dimension or loading requirement constituting a substantial risk breach or severe 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 can not 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. Annexure 2 -- 1095 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1092 Authorised by the Chief Parliamentary Counsel proceeding includes action by way of an infringement notice. Part 10.2 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 Annexure 2 -- 1096 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1093 Authorised by the Chief Parliamentary Counsel (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 (c) in a proceeding for an offence (the extended liability offence) where— (i) the extended liability offence arises in connection with another offence (the relevant offence) for which the infringement notice was issued; and (ii) a provision of this Law (for example, section 315(5)) provides that evidence of details stated in the infringement notice is evidence in the proceeding that the relevant offence happened at the time and place, and in the circumstances, stated in the infringement notice; 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 10.3 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. Annexure 2 -- 1097 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1094 Authorised by the Chief Parliamentary Counsel (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; Annexure 2 -- 1098 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1095 Authorised by the Chief Parliamentary Counsel (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). Annexure 2 -- 1099 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1096 Authorised by the Chief Parliamentary Counsel 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. Annexure 2 -- 1100 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1097 Authorised by the Chief Parliamentary Counsel 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. Annexure 2 -- 1101 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1098 Authorised by the Chief Parliamentary Counsel (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 Annexure 2 -- 1102 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1099 Authorised by the Chief Parliamentary Counsel issue a summons to that person to show cause why the order should not be made. (5) The court is to ensure that the Regulator 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 Div 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 Annexure 2 -- 1103 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1100 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 1104 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1101 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 1105 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1102 Authorised by the Chief Parliamentary Counsel 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—$10000. 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. Annexure 2 -- 1106 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1103 Authorised by the Chief Parliamentary Counsel Division 6 Prohibition orders 606 Application of Div 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 can not 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 Annexure 2 -- 1107 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1104 Authorised by the Chief Parliamentary Counsel (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—$10000. 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. Annexure 2 -- 1108 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1105 Authorised by the Chief Parliamentary Counsel (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 707 for the period within which a proceeding for an offence against this Law 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 Annexure 2 -- 1109 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1106 Authorised by the Chief Parliamentary Counsel (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 can not be used in a proceeding for the making of a compensation order unless the public authority has complied with subsection (1). Annexure 2 -- 1110 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1107 Authorised by the Chief Parliamentary Counsel (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. (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 proceeding. (5) A defendant can not 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 Annexure 2 -- 1111 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1108 Authorised by the Chief Parliamentary Counsel 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 can not 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 Annexure 2 -- 1112 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1109 Authorised by the Chief Parliamentary Counsel 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 10.4 Provisions about liability Division 1 Reasonable steps defence 618 Reasonable steps defence If, in relation to a provision of this Law, a person has the benefit of the reasonable steps defence, it is a defence to a charge for an offence against the provision for the person charged to prove that— (a) the person did not know, and could not reasonably be expected to have known, of the contravention concerned; and Annexure 2 -- 1113 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1110 Authorised by the Chief Parliamentary Counsel (b) either— (i) the person took all reasonable steps to prevent the contravention; or (ii) there were no steps the person could reasonably be expected to have taken to prevent the contravention. Note— Generally speaking, under various provisions of this Law, a person charged with an offence does not have the benefit of the mistake of fact defence if the person has the benefit of the reasonable steps defence for the offence. The reasonable steps defence is not provided in the case of certain offences that include the taking of reasonable steps as an ingredient of the offence. Division 2 Matters relating to reasonable steps 619 Application of Div 2 This Division applies in relation to the following— (a) a proceeding for an offence against a provision of this Law that may be committed by a person failing to take all reasonable steps; (b) a proceeding for an offence against a provision of this Law in relation to which a person charged has the benefit of the reasonable steps defence. 620 Matters court may consider for deciding whether person took all reasonable steps— mass, dimension or loading offences (1) In deciding whether things done or omitted to be done by a person charged with a mass, dimension or loading offence constitute reasonable steps, the court may have regard to the following— Annexure 2 -- 1114 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1111 Authorised by the Chief Parliamentary Counsel (a) the circumstances of the alleged offence, including any risk category for the contravention constituting the offence; (b) without limiting paragraph (a), the measures available and measures taken for any or all of the following— (i) to accurately and safely weigh or measure the heavy vehicle or its load, or to safely restrain the load in the heavy vehicle; (ii) to provide and obtain sufficient and reliable evidence from which the weight or measurement of the heavy vehicle or its load might be calculated; (iii) to manage, reduce or eliminate a potential contravention arising from the location of the heavy vehicle, or from the location of the load in the heavy vehicle, or from the location of goods in the load; (iv) to manage, reduce or eliminate a potential contravention arising from weather and climatic conditions, or from potential weather and climatic conditions, affecting or potentially affecting the weight or measurement of the load; (v) to exercise supervision or control over others involved in activities leading to the contravention; (c) the measures available and measures taken for any or all of the following— (i) to include compliance assurance conditions in relevant commercial arrangements with other responsible persons for heavy vehicles; Annexure 2 -- 1115 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1112 Authorised by the Chief Parliamentary Counsel (ii) to provide information, instruction, training and supervision to employees to enable compliance with this Law; (iii) to maintain equipment and work systems to enable compliance with this Law; (iv) to address and remedy similar compliance problems that may have happened in the past; (d) whether the person charged had, either personally or through an employee or agent, custody or control of the heavy vehicle, its load, or any goods included or to be included in the load; (e) the personal expertise and experience that the person charged had or ought reasonably to have had or that an employee or agent of the person charged had or ought reasonably to have had. (2) This section does not limit the matters the court must or may consider when deciding whether things done or omitted to be done by a person charged with a mass, dimension or loading offence constitute reasonable steps. (3) In this section— mass, dimension or loading offence means an offence against Chapter 4. 621 Reliance on container weight declaration— offences about mass (1) This section applies if the operator or driver of a heavy vehicle is charged with an offence involving a contravention of a mass requirement for the vehicle and is seeking to prove the reasonable steps defence in relation to the offence. Annexure 2 -- 1116 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1113 Authorised by the Chief Parliamentary Counsel (2) To the extent the weight of a freight container together with its contents is relevant to the offence, the person charged can not rely on the weight stated in the relevant container weight declaration if the person knew or ought reasonably to have known that— (a) the weight stated in the relevant container weight declaration was less than the actual weight; or (b) the distributed weight of the container and its contents, together with either of the following would cause a contravention of a mass requirement applying to the heavy vehicle— (i) the mass or location of any other load; (ii) the mass of the vehicle or a component of it. 622 Matters court may consider for deciding whether person took all reasonable steps— speeding or fatigue management offences (1) In deciding whether things done or omitted to be done by a person charged with a speeding offence or fatigue management offence constitute reasonable steps, the court may have regard to the following— (a) the nature of the activity to which the contravention constituting the offence relates; (b) the risks to public safety associated with the activity mentioned in paragraph (a); (c) the likelihood of the risks mentioned in paragraph (b) arising; (d) the degree of harm likely to result from the risks mentioned in paragraph (b) arising; Annexure 2 -- 1117 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1114 Authorised by the Chief Parliamentary Counsel (e) the circumstances of the alleged offence, including, for a fatigue management offence, any risk category for the contravention constituting the offence; (f) the measures available and measures taken— (i) to prevent, eliminate or minimise the likelihood of a potential contravention happening; or (ii) to eliminate or minimise the likelihood of risks to public safety arising from a potential contravention; or (iii) to manage, minimise or eliminate risks to public safety arising from a potential contravention; (g) the personal expertise and experience that the person charged had or ought reasonably to have had or that an employee or agent of that person had or ought reasonably to have had; (h) the degree of ability the person charged, or an employee or agent of that person, had to take a measure mentioned in paragraph (f); (i) the costs of measures mentioned in paragraph (f); (j) the measures available and measures taken for any or all of the following— (i) to include compliance assurance conditions in relevant commercial arrangements with other responsible persons for heavy vehicles; (ii) to provide information, instruction, training and supervision to employees to enable compliance with this Law; Annexure 2 -- 1118 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1115 Authorised by the Chief Parliamentary Counsel (iii) to maintain equipment and work systems to enable compliance with this Law; (iv) to address and remedy similar compliance problems that may have happened in the past. (2) In addition, in deciding whether things done or omitted to be done by a person charged with a fatigue management offence constitute reasonable steps, the court may have regard to any relevant body of fatigue knowledge. (3) This section does not limit the matters the court must or may consider when deciding whether things done or omitted to be done by a person charged with a speeding offence or fatigue management offence constitute reasonable steps. (4) In this section— fatigue management offence means an offence against Chapter 6. speeding offence means an offence against Part 5.2 or section 219. 623 When particular persons regarded to have taken all reasonable steps—speeding or fatigue management offences (1) A party in the chain of responsibility for a heavy vehicle charged with a speeding offence or fatigue management offence is to be regarded as having taken all reasonable steps if the party did all of the following to prevent the act or omission that led to the contravention to which the offence relates— (a) identified and assessed the aspects of the activities of the party, and relevant drivers for the party, that may lead to a relevant contravention by a relevant driver for the party; Annexure 2 -- 1119 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1116 Authorised by the Chief Parliamentary Counsel (b) for each aspect identified and assessed under paragraph (a), identified and assessed— (i) the risk of the aspect leading to a relevant contravention; and (ii) if there is a substantial risk of the aspect leading to a relevant contravention—the measures the party may take to eliminate the risk or, if it is not reasonably possible to eliminate the risk, to minimise the risk; (c) carried out the identification and assessment mentioned in paragraphs (a) and (b)— (i) at least annually; and (ii) after each event that indicated the way the activities the subject of the identification and assessment are being carried out have led, or may lead, to a relevant contravention; (d) took the measures identified and assessed under paragraph (b)(ii); (e) for each action mentioned in any of paragraphs (a) to (d) taken by the party— (i) kept a record of the action for at least 3 years after taking it; or (ii) if 3 years have not passed since taking the action, kept a record of the action since taking it. (2) This section does not limit the circumstances in which things done or omitted to be done by a person charged with a speeding offence or fatigue management offence constitute reasonable steps. Annexure 2 -- 1120 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1117 Authorised by the Chief Parliamentary Counsel (3) In this section— fatigue management offence means an offence against Chapter 6. party in the chain of responsibility— (a) for a heavy vehicle the subject of a speeding offence—has the meaning given by section 214; or (b) for a fatigue-regulated heavy vehicle the subject of a fatigue management offence— has the meaning given by section 227. relevant contravention, for a party in the chain of responsibility for a heavy vehicle charged with a speeding offence or fatigue management offence, means a contravention of the type to which the offence relates. relevant driver, for a party in the chain of responsibility for a heavy vehicle charged with a speeding offence or fatigue management offence, means each driver of the heavy vehicle. speeding offence means an offence against Part 5.2 or section 219. 624 Regulation for s 623 (1) For the purposes of section 623, the national regulations may provide for— (a) the ways, or examples of ways, a person may identify and assess the aspects of the activities of the person, and relevant drivers for the person, that may lead to a relevant contravention by a relevant driver for the person; and (b) the measures, or examples of measures, a person may take to eliminate or minimise the risks of aspects of activities of the person, or relevant drivers for the person, leading to a Annexure 2 -- 1121 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1118 Authorised by the Chief Parliamentary Counsel relevant contravention by the person or a relevant driver for the person. (2) In this section— fatigue management offence means an offence against Chapter 6. relevant contravention means a contravention constituting a fatigue management offence. 625 Proof of compliance with registered industry code of practice (1) This section applies for deciding in— (a) a proceeding for an offence against a provision of this Law that may be committed by a person failing to take all reasonable steps—whether the person took all reasonable steps; or (b) a proceeding for an offence against a provision of this Law in relation to which a person charged has the benefit of the reasonable steps defence—whether the person took all reasonable steps to prevent the contravention. (2) Proof, as established by the person, that the person complied with all relevant standards and procedures under a registered industry code of practice, in relation to matters to which the offence relates is evidence that the person took all reasonable steps. (3) Subsection (2) does not apply unless the person has given the complainant notice of the intention to prove the matters mentioned in the subsection. (4) The notice must be— (a) signed by the person; and (b) given at least 28 days before the day fixed for the hearing of the charge. Annexure 2 -- 1122 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1119 Authorised by the Chief Parliamentary Counsel (5) In the case of an offence referred to in section 620 or 622, this section does not prevent the court from considering any of the matters referred to in the section concerned in deciding whether compliance with relevant standards and procedures under a registered industry code of practice, was reasonable in the circumstances in which the offence was alleged to have been committed. Division 3 Other defences 626 Definition for Div 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. Annexure 2 -- 1123 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1120 Authorised by the Chief Parliamentary Counsel 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. Annexure 2 -- 1124 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1121 Authorised by the Chief Parliamentary Counsel 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. Annexure 2 -- 1125 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1122 Authorised by the Chief Parliamentary Counsel 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; Annexure 2 -- 1126 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1123 Authorised by the Chief Parliamentary Counsel (b) the circumstances of the offence; (c) any other relevant matter prescribed by the national regulations for the purposes of this section. 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. Annexure 2 -- 1127 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1124 Authorised by the Chief Parliamentary Counsel (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 can not 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. 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. Annexure 2 -- 1128 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1125 Authorised by the Chief Parliamentary Counsel (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. (2) If a corporation commits an offence against a provision of this Law specified in column 3 of Schedule 4, each executive officer of the corporation who knew or ought reasonably to have known— Annexure 2 -- 1129 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1126 Authorised by the Chief Parliamentary Counsel (a) of the conduct constituting the offence; or (b) that there was a substantial risk that the offence would be committed; also commits an offence against the provision. Maximum penalty—the penalty for a contravention of the provision by an individual. (3) For the purposes of subsection (2), it is a defence for the executive officer to prove— (a) the officer exercised reasonable diligence to ensure the corporation complied with the provision; or (b) the officer was not in a position to influence the conduct of the corporation in relation to the offence. (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. Annexure 2 -- 1130 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1127 Authorised by the Chief Parliamentary Counsel 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 this Law (other than an offence referred to in subsection (5)) 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. (5) An offence against a provision of this Law specified in column 3 of Schedule 4 that would otherwise be committed by the partnership is taken to have been committed by each partner who knew or ought reasonably to have known— (a) of the conduct constituting the offence; or (b) that there was a substantial risk that the offence would be committed. Maximum penalty—the penalty for a contravention of the provision by an individual. Annexure 2 -- 1131 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1128 Authorised by the Chief Parliamentary Counsel (6) For the purposes of subsection (5), it is a defence for the partner to prove— (a) the partner exercised reasonable diligence to ensure the partnership complied with the provision; or (b) the partner was not in a position to influence the conduct of the partnership in relation to the offence. (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) Subsections (4) and (5) do 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. Annexure 2 -- 1132 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1129 Authorised by the Chief Parliamentary Counsel (4) An offence against this Law (other than an offence referred to in subsection (5)) 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. (5) An offence against a provision of this Law specified in column 3 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 knew or ought reasonably to have known— (a) of the conduct constituting the offence; or (b) that there was a substantial risk that the offence would be committed. Maximum penalty—the penalty for a contravention of the provision by an individual. (6) For the purposes of subsection (5), it is a defence for the management member of the unincorporated body to prove— (a) the member exercised reasonable diligence to ensure the body complied with the provision; or (b) the member was not in a position to influence the conduct of the body in relation to the offence. (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. Annexure 2 -- 1133 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1130 Authorised by the Chief Parliamentary Counsel (8) Subsections (4) and (5) do 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. (10) In this section— 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. unincorporated body includes an unincorporated local government authority, but does not include an unincorporated partnership. 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; Annexure 2 -- 1134 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1131 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 1135 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1132 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 1136 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1133 Authorised by the Chief Parliamentary Counsel 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 11.1 Preliminary 640 Definitions for Ch 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 Part 4.5 or Division 4 of Part 4.6, or a review decision relating to a reviewable decision made under Division 3 of Part 4.5 or Division 4 of Part 4.6— (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— Annexure 2 -- 1137 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1134 Authorised by the Chief Parliamentary Counsel (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 sub-subparagraph (A) is satisfied—any of the jurisdictions for which sub-subparagraph (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. Annexure 2 -- 1138 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1135 Authorised by the Chief Parliamentary Counsel review application means an application for review of a reviewable decision under Part 11.2. 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 Part 11.2. Part 11.2 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 the person applies for a statement of reasons under subsection (6)—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. Annexure 2 -- 1139 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1136 Authorised by the Chief Parliamentary Counsel (5) The person is entitled to receive a statement of reasons for the original 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 was not given an information notice for the original decision, the person may ask the Regulator for a statement of reasons for the decision and the Regulator must provide the statement within 28 days after the request is made. (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— 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 Annexure 2 -- 1140 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1137 Authorised by the Chief Parliamentary Counsel 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 to amend an improvement notice given to a person—the person to whom the improvement 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. Annexure 2 -- 1141 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1138 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 1142 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1139 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 1143 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1140 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 1144 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1141 Authorised by the Chief Parliamentary Counsel (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 Part 11.3; and (ii) how to appeal; (d) for a review decision relating to a reviewable decision made under Division 3 of Part 4.5 or Division 4 of Part 4.6 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 Annexure 2 -- 1145 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1142 Authorised by the Chief Parliamentary Counsel (b) for a review of another reviewable decision— as soon as practicable. Part 11.3 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. Annexure 2 -- 1146 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1143 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 1147 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1144 Authorised by the Chief Parliamentary Counsel (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. Chapter 12 Administration Part 12.1 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. Annexure 2 -- 1148 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1145 Authorised by the Chief Parliamentary Counsel (2) A direction under this section can not 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 can not— (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. Annexure 2 -- 1149 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1146 Authorised by the Chief Parliamentary Counsel (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— (a) granting registration exemptions; (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; Annexure 2 -- 1150 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1147 Authorised by the Chief Parliamentary Counsel (l) other matters as referred to in— (i) paragraph (a)(ii) of the definition road condition in section 154; or (ii) section 156(3)(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. Annexure 2 -- 1151 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1148 Authorised by the Chief Parliamentary Counsel (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— Annexure 2 -- 1152 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1149 Authorised by the Chief Parliamentary Counsel (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. Part 12.2 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. Annexure 2 -- 1153 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1150 Authorised by the Chief Parliamentary Counsel (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 Annexure 2 -- 1154 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1151 Authorised by the Chief Parliamentary Counsel (b) the Regulator to provide services to the State or Territory, including, for example, services relating to— (i) collecting vehicle registration duty; and (ii) ensuring compliance with third party insurance legislation, including, for example, by collecting third party insurance premiums. 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— (i) services for the national registration of heavy vehicles; and (ii) collecting fees, charges and other amounts payable under this Law; (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; Annexure 2 -- 1155 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1152 Authorised by the Chief Parliamentary Counsel (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; Annexure 2 -- 1156 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1153 Authorised by the Chief Parliamentary Counsel (j) to identify and promote best practice methods— (i) for complying with this Law; and (ii) for managing risks to public safety arising from the use of heavy vehicles on roads; and (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; (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. Annexure 2 -- 1157 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1154 Authorised by the Chief Parliamentary Counsel (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. (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. 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. Annexure 2 -- 1158 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1155 Authorised by the Chief Parliamentary Counsel 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 Annexure 2 -- 1159 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1156 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 1160 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1157 Authorised by the Chief Parliamentary Counsel 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 Annexure 2 -- 1161 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1158 Authorised by the Chief Parliamentary Counsel (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 Annexure 2 -- 1162 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1159 Authorised by the Chief Parliamentary Counsel 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. Annexure 2 -- 1163 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1160 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 1164 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1161 Authorised by the Chief Parliamentary Counsel 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. Annexure 2 -- 1165 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1162 Authorised by the Chief Parliamentary Counsel 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. Annexure 2 -- 1166 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1163 Authorised by the Chief Parliamentary Counsel 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. Annexure 2 -- 1167 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1164 Authorised by the Chief Parliamentary Counsel 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; Annexure 2 -- 1168 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1165 Authorised by the Chief Parliamentary Counsel (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 12.3 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 Annexure 2 -- 1169 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1166 Authorised by the Chief Parliamentary Counsel (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) The following money is not payable into the Fund— (a) the road use component of the charges payable for the registration of heavy vehicles; (b) money that is received by the Regulator under an agreement mentioned in section 658(2)(b) and that is payable to another entity under such an agreement. Note— Section 692 deals with the money mentioned in subsection (2). (3) In this section— road use component, of the charges payable for the registration of heavy vehicles, means those charges other than so much of them as is, or is of a kind, prescribed by the national regulations as the regulatory component of those charges. Annexure 2 -- 1170 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1167 Authorised by the Chief Parliamentary Counsel 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 Annexure 2 -- 1171 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1168 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 1172 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1169 Authorised by the Chief Parliamentary Counsel (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. (2) The annual report must— (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 Annexure 2 -- 1173 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1170 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 1174 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1171 Authorised by the Chief Parliamentary Counsel (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 Annexure 2 -- 1175 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1172 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 1176 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1173 Authorised by the Chief Parliamentary Counsel 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 Annexure 2 -- 1177 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1174 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 1178 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1175 Authorised by the Chief Parliamentary Counsel (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)—$10000. 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. (3) In this section— protected person means an individual who is any of the following— (a) a member of the Board; (b) a member of a committee of the Board; (c) a member of the staff of the Regulator; (d) an authorised officer; Annexure 2 -- 1179 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1176 Authorised by the Chief Parliamentary Counsel (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. Chapter 13 General Part 13.1 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 Annexure 2 -- 1180 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1177 Authorised by the Chief Parliamentary Counsel (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—$10000. (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—$10000. (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. Annexure 2 -- 1181 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1178 Authorised by the Chief Parliamentary Counsel (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) can not 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. Annexure 2 -- 1182 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1179 Authorised by the Chief Parliamentary Counsel (4) A person against whom an order is made under subsection (2)(b) or (c) must comply with the order. Maximum penalty—$10000. (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 in a material particular. Maximum penalty—$10000. (2) A person commits an offence if the person— (a) makes a statement to an official that is false or misleading in a material particular; and (b) is reckless as to whether the statement is false or misleading in a material particular. Maximum penalty—$8000. (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. Annexure 2 -- 1183 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1180 Authorised by the Chief Parliamentary Counsel (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 in a material particular. Maximum penalty—$10000. (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 in a material particular; and (b) is reckless as to whether information contained in the document is false or misleading in a material particular. Maximum penalty—$8000. (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. Annexure 2 -- 1184 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1181 Authorised by the Chief Parliamentary Counsel (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—$10000. 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—$8000. Annexure 2 -- 1185 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1182 Authorised by the Chief Parliamentary Counsel (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 Annexure 2 -- 1186 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1183 Authorised by the Chief Parliamentary Counsel 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 the person is operating under a heavy vehicle authority that the person is not entitled to operate under. Maximum penalty—$10000. (2) A person must not represent that the person is operating under a heavy vehicle authority if the authority is no longer in force. Maximum penalty—$10000. (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 exemption, authorisation, permit or other authority under this Law; or Examples— a Commonwealth Gazette notice, a permit Annexure 2 -- 1187 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1184 Authorised by the Chief Parliamentary Counsel (d) a copy of a document mentioned in paragraph (a), (b) or (c). Maximum penalty—$10000. (4) In this section— heavy vehicle authority means— (a) a heavy vehicle accreditation; or (b) an exemption, authorisation, permit or other authority under this Law. Part 13.2 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. Annexure 2 -- 1188 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1185 Authorised by the Chief Parliamentary Counsel (2) The registration must 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. (5) The Regulator may— (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. Annexure 2 -- 1189 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1186 Authorised by the Chief Parliamentary Counsel (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 13.3 Legal proceedings Division 1 Proceedings 707 Proceedings for offences (1) A proceeding for an offence against this Law is to be by way of a summary proceeding before a court of summary jurisdiction. (2) The proceeding must start within the later of the following periods to end— (a) 2 years after the commission of the offence; (b) 1 year after the offence comes to the complainant’s knowledge, but within 3 years after the commission of the offence. (3) A statement in a complaint for an offence against this Law that the matter of the complaint came to the knowledge of the complainant on a stated day is evidence of when the matter came to the complainant’s knowledge. (4) In this section— complaint means a complaint, notice, charge or other process by which a proceeding for an offence is started. Annexure 2 -- 1190 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1187 Authorised by the Chief Parliamentary Counsel 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 Annexure 2 -- 1191 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1188 Authorised by the Chief Parliamentary Counsel 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. (3) In this section— complaint means a complaint, notice, charge or other process by which a proceeding for an offence is started. 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— (a) a stated vehicle was or was not registered under this Law; or (b) a stated vehicle was or was not registered under this Law on the basis it is a heavy vehicle; or (c) a stated vehicle registered under this Law was or was not registered as a heavy vehicle of a stated category; or (d) a stated person was or was not the registered operator of a stated vehicle registered under this Law; or (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 Annexure 2 -- 1192 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1189 Authorised by the Chief Parliamentary Counsel (g) a stated person is the holder of a stated permit or other authority under this Law; or (h) a stated registration, 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 Annexure 2 -- 1193 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1190 Authorised by the Chief Parliamentary Counsel (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 Annexure 2 -- 1194 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1191 Authorised by the Chief Parliamentary Counsel (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— Annexure 2 -- 1195 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1192 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 1196 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1193 Authorised by the Chief Parliamentary Counsel (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 can not 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. Annexure 2 -- 1197 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1194 Authorised by the Chief Parliamentary Counsel (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 Annexure 2 -- 1198 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1195 Authorised by the Chief Parliamentary Counsel (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 Annexure 2 -- 1199 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1196 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 1200 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1197 Authorised by the Chief Parliamentary Counsel 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 service provider on a stated date or during a stated period; (c) a stated person was or was not an intelligent access 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. Annexure 2 -- 1201 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1198 Authorised by the Chief Parliamentary Counsel (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 Annexure 2 -- 1202 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1199 Authorised by the Chief Parliamentary Counsel (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 Annexure 2 -- 1203 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1200 Authorised by the Chief Parliamentary Counsel (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; Annexure 2 -- 1204 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1201 Authorised by the Chief Parliamentary Counsel (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 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 document purporting to be made by the approved electronic recording system— (a) is admissible in a proceeding under this Law relating to a fatigue-regulated heavy vehicle; and (b) 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 Annexure 2 -- 1205 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1202 Authorised by the Chief Parliamentary Counsel 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 Part 13.4 Protected information 727 Definitions for Pt 13.4 (1) In this Part— 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 Annexure 2 -- 1206 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1203 Authorised by the Chief Parliamentary Counsel (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 Annexure 2 -- 1207 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1204 Authorised by the Chief Parliamentary Counsel (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). 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 information; or Note— See Chapter 7 for the restrictions on the use and disclosure of intelligent access 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. relevant law, of a participating jurisdiction, means a law specified for this definition in a law of the jurisdiction. Annexure 2 -- 1208 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1205 Authorised by the Chief Parliamentary Counsel (2) It is also an authorised use of 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) To remove any doubt, it is declared that a reference in this Part to the disclosure of 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 (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—$20000. (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. Annexure 2 -- 1209 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1206 Authorised by the Chief Parliamentary Counsel 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—$20000. (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—$20000. Part 13.5 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— $4000; or (ii) in any other case—$20000; and Annexure 2 -- 1210 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1207 Authorised by the Chief Parliamentary Counsel (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 Annexure 2 -- 1211 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1208 Authorised by the Chief Parliamentary Counsel (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 Annexure 2 -- 1212 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1209 Authorised by the Chief Parliamentary Counsel (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 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). Annexure 2 -- 1213 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1210 Authorised by the Chief Parliamentary Counsel 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 13.6 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. Annexure 2 -- 1214 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1211 Authorised by the Chief Parliamentary Counsel (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. 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. (3) A recommendation of the responsible Ministers for national regulations prescribing a method for the increase of penalties can not be made unless the responsible Ministers are satisfied that the method generally accords with increases in relevant inflation indexes or similar indexes. Annexure 2 -- 1215 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1212 Authorised by the Chief Parliamentary Counsel (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. 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 Annexure 2 -- 1216 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1213 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 1217 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1214 Authorised by the Chief Parliamentary Counsel 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. Annexure 2 -- 1218 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1215 Authorised by the Chief Parliamentary Counsel 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) can not 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. Annexure 2 -- 1219 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1216 Authorised by the Chief Parliamentary Counsel (4) In this section— contract means contract or other agreement. 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 14.1 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 Annexure 2 -- 1220 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1217 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 1221 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1218 Authorised by the Chief Parliamentary Counsel (2) The members— (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 14.2 General provisions 746 Application of Part 14.2 (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. Annexure 2 -- 1222 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1219 Authorised by the Chief Parliamentary Counsel 747 Definitions for Part 14.2 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 Annexure 2 -- 1223 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1220 Authorised by the Chief Parliamentary Counsel (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 provision (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. Annexure 2 -- 1224 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1221 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 1225 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1222 Authorised by the Chief Parliamentary Counsel 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 Annexure 2 -- 1226 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1223 Authorised by the Chief Parliamentary Counsel (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 notice of the amendment or cancellation— (a) in— (i) the Commonwealth Gazette; and (ii) a newspaper circulating generally throughout each relevant participating jurisdiction; and (b) on the Regulator’s website; and (c) in any other newspaper the Regulator considers appropriate. Annexure 2 -- 1227 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1224 Authorised by the Chief Parliamentary Counsel (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 Annexure 2 -- 1228 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1225 Authorised by the Chief Parliamentary Counsel 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. Annexure 2 -- 1229 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1226 Authorised by the Chief Parliamentary Counsel (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— Annexure 2 -- 1230 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1227 Authorised by the Chief Parliamentary Counsel (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. Annexure 2 -- 1231 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1228 Authorised by the Chief Parliamentary Counsel Schedule 1 Miscellaneous provisions relating to interpretation section 10 Part 1 Preliminary 1 Displacement of Schedule by contrary intention The application of this Schedule may be displaced, wholly or partly, by a contrary intention appearing in this Law. Part 2 General 2 Law to be construed not to exceed legislative power of Parliament (1) This Law is to be construed as operating to the full extent of, but so as not to exceed, the legislative power of the Parliament of this jurisdiction. (2) If a provision of this Law, or the application of a provision of this Law to a person, subject matter or circumstance, would, but for the purposes of this section, be construed as being in excess of the legislative power of the Parliament of this jurisdiction— (a) it is a valid provision to the extent to which it is not in excess of the power; and (b) the remainder of this Law, and the application of the provision to other persons, subject matters or circumstances, is not affected. (3) This section applies to this Law in addition to, and without limiting the effect of, any provision of this Law. Annexure 2 -- 1232 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1229 Authorised by the Chief Parliamentary Counsel 3 Every section to be a substantive enactment Every section of this Law has effect as a substantive enactment without introductory words. 4 Material that is, and is not, part of this Law (1) The heading to a Chapter, Part, Division or Subdivision into which this Law is divided is part of this Law. (2) A Schedule to this Law is part of this Law. (3) Punctuation in this Law is part of this Law. (4) A heading to a section or subsection of this Law does not form part of this Law. (5) Notes included in this Law (including footnotes and endnotes) do not form part of this Law. 5 References to particular Acts and to enactments In this Law— (a) an Act of this jurisdiction may be cited— (i) by its short title; or (ii) by reference to the year in which it was passed and its number; and (b) Commonwealth Act may be cited— (i) by its short title; or (ii) in another way sufficient in a Commonwealth Act for the citation of such an Act; together with a reference to the Commonwealth; and Annexure 2 -- 1233 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1230 Authorised by the Chief Parliamentary Counsel (c) an Act of another jurisdiction may be cited— (i) by its short title; or (ii) in another way sufficient in an Act of the jurisdiction for the citation of such an Act; together with a reference to the jurisdiction. 6 References taken to be included in Law or Act citation etc. (1) A reference in this Law to this Law or an Act includes a reference to— (a) this Law or the Act as originally enacted, and as amended from time to time since its original enactment; and (b) if this Law or the Act has been repealed and re-enacted (with or without modification) since the enactment of the reference—this Law or the Act as re-enacted, and as amended from time to time since its re-enactment. (2) A reference in this Law to a provision of this Law or of an Act includes a reference to— (a) the provision as originally enacted, and as amended from time to time since its original enactment; and (b) if the provision has been omitted and re- enacted (with or without modification) since the enactment of the reference—the provision as re-enacted, and as amended from time to time since its re-enactment. (3) Subsections (1) and (2) apply to a reference in this Law to a law of the Commonwealth or another jurisdiction as they apply to a reference in this Law to an Act and to a provision of an Act. Annexure 2 -- 1234 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1231 Authorised by the Chief Parliamentary Counsel 7 Interpretation best achieving Law’s purpose or object (1) In the interpretation of a provision of this Law, the interpretation that will best achieve the purpose or object of this Law is to be preferred to any other interpretation. (2) Subsection (1) applies whether or not the purpose or object is expressly stated in this Law. 8 Use of extrinsic material in interpretation (1) In this section— extrinsic material means relevant material not forming part of this Law, including, for example— (a) material that is set out in the document containing the text of this Law as printed by the Government Printer; and (b) a relevant report of a Royal Commission, Law Reform Commission, commission or committee of inquiry, or a similar body, that was laid before the Parliament of this jurisdiction before the provision concerned was enacted; and (c) a relevant report of a committee of the Parliament of this jurisdiction that was made to the Parliament before the provision was enacted; and (d) a treaty or other international agreement that is mentioned in this Law; and (e) an explanatory note or memorandum relating to the Bill that contained the provision, or any relevant document, that was laid before, or given to the members of, the Parliament of this jurisdiction by the member bringing in the Bill before the provision was enacted; and Annexure 2 -- 1235 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1232 Authorised by the Chief Parliamentary Counsel (f) the speech made to the Parliament of this jurisdiction by the member in moving a motion that the Bill be read a second time; and (g) material in the Votes and Proceedings of the Parliament of this jurisdiction or in any official record of debates in the Parliament of this jurisdiction; and (h) a document that is declared by this Law to be a relevant document for the purposes of this section. ordinary meaning means the ordinary meaning conveyed by a provision having regard to its context in this Law and to the purpose of this Law. (2) Subject to subsection (3), in the interpretation of a provision of this Law, consideration may be given to extrinsic material capable of assisting in the interpretation— (a) if the provision is ambiguous or obscure—to provide an interpretation of it; or (b) if the ordinary meaning of the provision leads to a result that is manifestly absurd or is unreasonable—to provide an interpretation that avoids such a result; or (c) in any other case—to confirm the interpretation conveyed by the ordinary meaning of the provision. (3) In determining whether consideration should be given to extrinsic material, and in determining the weight to be given to extrinsic material, regard is to be had to— (a) the desirability of a provision being interpreted as having its ordinary meaning; and Annexure 2 -- 1236 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1233 Authorised by the Chief Parliamentary Counsel (b) the undesirability of prolonging proceedings without compensating advantage; and (c) other relevant matters. 9 Effect of change of drafting practice If— (a) a provision of this Law expresses an idea in particular words; and (b) a provision enacted later appears to express the same idea in different words for the purpose of implementing a different legislative drafting practice, including, for example— (i) the use of a clearer or simpler style; or (ii) the use of gender-neutral language; the ideas must not be taken to be different merely because different words are used. 10 Use of examples If this Law includes an example of the operation of a provision— (a) the example is not exhaustive; and (b) the example does not limit, but may extend, the meaning of the provision; and (c) the example and the provision are to be read in the context of each other and the other provisions of this Law, but, if the example and the provision so read are inconsistent, the provision prevails. 11 Compliance with forms (1) If a form is prescribed or approved by or for the purpose of this Law, strict compliance with the form is not necessary and substantial compliance is sufficient. Annexure 2 -- 1237 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1234 Authorised by the Chief Parliamentary Counsel (2) If a form prescribed or approved by or for the purpose of this Law requires— (a) the form to be completed in a specified way; or (b) specified information or documents to be included in, attached to or given with the form; or (c) the form, or information or documents included in, attached to or given with the form, to be verified in a specified way; the form is not properly completed unless the requirement is complied with. Part 3 Terms and references 12 Definitions (1) In this Law— Act means an Act of the Parliament of this jurisdiction. adult means an individual who is 18 or more. affidavit, in relation to a person allowed by law to affirm, declare or promise, includes affirmation, declaration and promise. amend includes— (a) omit or omit and substitute; or (b) alter or vary; or (c) amend by implication. appoint includes reappoint. Australia means the Commonwealth of Australia but, when used in a geographical sense, does not include an external Territory. Annexure 2 -- 1238 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1235 Authorised by the Chief Parliamentary Counsel business day means a day that is not— (a) a Saturday or Sunday; or (b) a public holiday, special holiday or bank holiday in the place in which any relevant act is to be or may be done. calendar month means a period starting at the beginning of any day of one of the 12 named months and ending— (a) immediately before the beginning of the corresponding day of the next named month; or (b) if there is no such corresponding day—at the end of the next named month. calendar year means a period of 12 months beginning on 1 January. commencement, in relation to this Law or an Act or a provision of this Law or an Act, means the time at which this Law, the Act or provision comes into operation. Commonwealth means the Commonwealth of Australia but, when used in a geographical sense, does not include an external Territory. confer, in relation to a function, includes impose. contravene includes fail to comply with. country includes— (a) a federation; or (b) a state, province or other part of a federation. date of assent, in relation to an Act, means the day on which the Act receives the Royal Assent. Annexure 2 -- 1239 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1236 Authorised by the Chief Parliamentary Counsel definition means a provision of this Law (however expressed) that— (a) gives a meaning to a word or expression; or (b) limits or extends the meaning of a word or expression. document includes— (a) any paper or other material on which there is writing; and (b) any paper or other material on which there are marks, figures, symbols or perforations having a meaning for a person qualified to interpret them; and (c) any disc, tape or other article or any material from which sounds, images, writings or messages are capable of being reproduced (with or without the aid of another article or device). electronic communication means— (a) a communication of information in the form of data, text or images by means of guided or unguided electromagnetic energy, or both; or (b) a communication of information in the form of sound by means of guided or unguided electromagnetic energy, or both, where the sound is processed at its destination by an automated voice recognition system. estate includes easement, charge, right, title, claim, demand, lien or encumbrance, whether at law or in equity. expire includes lapse or otherwise cease to have effect. Annexure 2 -- 1240 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1237 Authorised by the Chief Parliamentary Counsel external Territory means a Territory, other than an internal Territory, for the government of which as a Territory provision is made by a Commonwealth Act. fail includes refuse. financial year means a period of 12 months beginning on 1 July. foreign country means a country (whether or not an independent sovereign State) outside Australia and the external Territories. function includes a power or duty. Government Printer means the Government Printer of this jurisdiction, and includes any other person authorised by the Government of this jurisdiction to print an Act or instrument. individual means a natural person. information system means a system for generating, sending, receiving, storing or otherwise processing electronic communications. insert, in relation to a provision of this Law, includes substitute. instrument includes a statutory instrument. interest, in relation to land or other property, means— (a) a legal or equitable estate in the land or other property; or (b) a right, power or privilege over, or in relation to, the land or other property. internal Territory means the Australian Capital Territory, the Jervis Bay Territory or the Northern Territory. Annexure 2 -- 1241 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1238 Authorised by the Chief Parliamentary Counsel Jervis Bay Territory means the Territory mentioned in the Jervis Bay Territory Acceptance Act 1915 of the Commonwealth. make includes issue or grant. minor means an individual who is under 18. modification includes addition, omission or substitution. month means a calendar month. named month means 1 of the 12 months of the year. Northern Territory means the Northern Territory of Australia. number means— (a) a number expressed in figures or words; or (b) a letter; or (c) a combination of a number so expressed and a letter. oath, in relation to a person allowed by law to affirm, declare or promise, includes affirmation, declaration or promise. office includes position. omit, in relation to a provision of this Law or an Act, includes repeal. party includes an individual or a body politic or corporate. penalty includes forfeiture or punishment. person includes an individual or a body politic or corporate. power includes authority. Annexure 2 -- 1242 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1239 Authorised by the Chief Parliamentary Counsel prescribed means prescribed by, or by regulations made or in force for the purposes of or under, this Law. printed includes typewritten, lithographed or reproduced by any mechanical means. proceeding means a legal or other action or proceeding. property means any legal or equitable estate or interest (whether present or future, vested or contingent, or tangible or intangible) in real or personal property of any description (including money), and includes things in action. provision, in relation to this Law or an Act, means words or other matter that form or forms part of this Law or the Act, and includes— (a) a Chapter, Part, Division, Subdivision, section, subsection, paragraph, subparagraph, sub-subparagraph or Schedule of or to this Law or the Act; and (b) a section, clause, subclause, item, column, table or form of or in a Schedule to this Law or the Act; and (c) the long title and any preamble to the Act. record includes information stored or recorded by means of a computer. repeal includes— (a) revoke or rescind; and (b) repeal by implication; and (c) abrogate or limit the effect of this Law or the instrument concerned; and (d) exclude from, or include in, the application of this Law or the instrument concerned any person, subject matter or circumstance. Annexure 2 -- 1243 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1240 Authorised by the Chief Parliamentary Counsel sign includes the affixing of a seal or the making of a mark. statutory declaration means a declaration made under an Act, or under a Commonwealth Act or an Act of another jurisdiction, that authorises a declaration to be made otherwise than in the course of a judicial proceeding. statutory instrument means an instrument (including a regulation) made or in force under or for the purposes of this Law, and includes an instrument made or in force under any such instrument. swear, in relation to a person allowed by law to affirm, declare or promise, includes affirm, declare or promise. word includes any symbol, figure or drawing. writing includes any mode of representing or reproducing words in a visible form. year, without specifying the type of year, means calendar year. (2) In a statutory instrument— the Law means this Law. 13 Provisions relating to defined terms and gender and number (1) If this Law defines a word or expression, other parts of speech and grammatical forms of the word or expression have corresponding meanings. (2) Definitions in or applicable to this Law apply except so far as the context or subject matter otherwise indicates or requires. Annexure 2 -- 1244 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1241 Authorised by the Chief Parliamentary Counsel (3) In this Law, words indicating a gender include each other gender. (4) In this Law— (a) words in the singular include the plural; and (b) words in the plural include the singular. 14 Meaning of ‘may’ and ‘must’ (1) In this Law, the word may, or a similar word or expression, used in relation to a power indicates that the power may be exercised or not exercised, at discretion. (2) In this Law, the word must, or a similar word or expression, used in relation to a power indicates that the power is required to be exercised. (3) This section has effect despite any rule of construction to the contrary. 15 Words and expressions used in statutory instruments (1) Words and expressions used in a statutory instrument have the same meanings as they have, from time to time, in this Law, or relevant provisions of this Law, under or for the purposes of which the instrument is made or in force. (2) This section has effect in relation to a statutory instrument except so far as the contrary intention appears in the instrument. 16 Effect of express references to bodies corporate and individuals In this Law, a reference to a person generally (whether the expression “person”, “party”, “someone”, “anyone”, “no-one”, “one”, “another” or “whoever” or another expression is used)— Annexure 2 -- 1245 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1242 Authorised by the Chief Parliamentary Counsel (a) does not exclude a reference to a body corporate or an individual merely because elsewhere in this Law there is particular reference to a body corporate (however expressed); and (b) does not exclude a reference to a body corporate or an individual merely because elsewhere in this Law there is particular reference to an individual (however expressed). 17 Production of records kept in computers etc. If a person who keeps a record of information by means of a mechanical, electronic or other device is required by or under this Law— (a) to produce the information or a document containing the information to a court, tribunal or person; or (b) to make a document containing the information available for inspection by a court, tribunal or person; then, unless the court, tribunal or person otherwise directs— (c) the requirement obliges the person to produce or make available for inspection, as the case may be, a document that reproduces the information in a form capable of being understood by the court, tribunal or person; and (d) the production to the court, tribunal or person of the document in that form complies with the requirement. Annexure 2 -- 1246 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1243 Authorised by the Chief Parliamentary Counsel 18 References to this jurisdiction to be implied In this Law— (a) a reference to an officer, office or statutory body is a reference to such an officer, office or statutory body in and for this jurisdiction; and (b) a reference to a locality or other matter or thing is a reference to such a locality or other matter or thing in and of this jurisdiction. 19 References to officers and holders of offices In this Law, a reference to a particular officer, or to the holder of a particular office, includes a reference to the person for the time being occupying or acting in the office concerned. 20 Reference to certain provisions of Law If a provision of this Law refers— (a) to a Chapter, Part, section or Schedule by a number and without reference to this Law— the reference is a reference to the Chapter, Part, section or Schedule, designated by the number, of or to this Law; or (b) to a Schedule without reference to it by a number and without reference to this Law— the reference, if there is only one Schedule to this Law, is a reference to the Schedule; or (c) to a Division, Subdivision, subsection, paragraph, subparagraph, sub-subparagraph, clause, subclause, item, column, table or form by a number and without reference to this Law—the reference is a reference to— (i) the Division, designated by the number, of the Part in which the reference occurs; and Annexure 2 -- 1247 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1244 Authorised by the Chief Parliamentary Counsel (ii) the Subdivision, designated by the number, of the Division in which the reference occurs; and (iii) the subsection, designated by the number, of the section in which the reference occurs; and (iv) the paragraph, designated by the number, of the section, subsection, Schedule or other provision in which the reference occurs; and (v) the paragraph, designated by the number, of the clause, subclause, item, column, table or form of or in the Schedule in which the reference occurs; and (vi) the subparagraph, designated by the number, of the paragraph in which the reference occurs; and (vii) the sub-subparagraph, designated by the number, of the subparagraph in which the reference occurs; and (viii) the section, clause, subclause, item, column, table or form, designated by the number, of or in the Schedule in which the reference occurs; as the case requires. 21 Reference to provisions of this Law or an Act is inclusive In this Law, a reference to a portion of this Law or an Act includes— (a) a reference to the Chapter, Part, Division, Subdivision, section, subsection or other provision of this Law or the Act referred to that forms the beginning of the portion; and Annexure 2 -- 1248 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1245 Authorised by the Chief Parliamentary Counsel (b) a reference to the Chapter, Part, Division, Subdivision, section, subsection or other provision of this Law or the Act referred to that forms the end of the portion. Example— A reference to “sections 5 to 9” includes both section 5 and section 9. It is not necessary to refer to “sections 5 to 9 (both inclusive)” to ensure that the reference is given an inclusive interpretation. Part 4 Functions and powers 22 Exercise of statutory functions (1) If this Law confers a function on a person or body, the function may be exercised from time to time as occasion requires. (2) If this Law confers a function on a particular officer or the holder of a particular office, the function may be exercised by the person for the time being occupying or acting in the office concerned. (3) If this Law confers a function on a body (whether or not incorporated), the exercise of the function is not affected merely because of vacancies in the membership of the body. 23 Power to make instrument or decision includes power to amend or repeal If this Law authorises or requires the making of an instrument or decision— (a) the power includes power to amend or repeal the instrument or decision; and (b) the power to amend or repeal the instrument or decision is exercisable in the same way, and subject to the same conditions, as the power to make the instrument or decision. Annexure 2 -- 1249 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1246 Authorised by the Chief Parliamentary Counsel 24 Matters for which statutory instruments may make provision (1) If this Law authorises or requires the making of a statutory instrument in relation to a matter, a statutory instrument made under this Law may make provision for the matter by applying, adopting or incorporating (with or without modification) the provisions of— (a) an Act or statutory instrument; or (b) another document (whether of the same or a different kind); as in force at a particular time or as in force from time to time. (2) If a statutory instrument applies, adopts or incorporates the provisions of a document, the statutory instrument applies, adopts or incorporates the provisions as in force from time to time, unless the statutory instrument otherwise expressly provides. (3) A statutory instrument may— (a) apply generally throughout this jurisdiction or be limited in its application to a particular part of this jurisdiction; or (b) apply generally to all persons, matters or things or be limited in its application to— (i) particular persons, matters or things; or (ii) particular classes of persons, matters or things; or (c) otherwise apply generally or be limited in its application by reference to specified exceptions or factors. Annexure 2 -- 1250 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1247 Authorised by the Chief Parliamentary Counsel (4) A statutory instrument may— (a) apply differently according to different specified factors; or (b) otherwise make different provision in relation to— (i) different persons, matters or things; or (ii) different classes of persons, matters or things. (5) A statutory instrument may authorise a matter or thing to be from time to time determined, applied or regulated by a specified person or body. (6) If this Law authorises or requires a matter to be regulated by statutory instrument, the power may be exercised by prohibiting by statutory instrument the matter or any aspect of the matter. (7) If this Law authorises or requires provision to be made with respect to a matter by statutory instrument, a statutory instrument made under this Law may make provision with respect to a particular aspect of the matter despite the fact that provision is made by this Law in relation to another aspect of the matter or in relation to another matter. (8) A statutory instrument may provide for the review of, or a right of appeal against, a decision made under the statutory instrument, or this Law, and may, for that purpose, confer jurisdiction on any court, tribunal, person or body. (9) A statutory instrument may require a form prescribed by or under the statutory instrument, or information or documents included in, attached to or given with the form, to be verified by statutory declaration. Annexure 2 -- 1251 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1248 Authorised by the Chief Parliamentary Counsel 25 Presumption of validity and power to make (1) All conditions and preliminary steps required for the making of a statutory instrument are presumed to have been satisfied and performed in the absence of evidence to the contrary. (2) A statutory instrument is taken to be made under all powers under which it may be made, even though it purports to be made under this Law or a particular provision of this Law. 26 Appointments may be made by name or office (1) If this Law authorises or requires a person or body— (a) to appoint a person to an office; or (b) to appoint a person or body to exercise a power; or (c) to appoint a person or body to do another thing; the person or body may make the appointment by— (d) appointing a person or body by name; or (e) appointing a particular officer, or the holder of a particular office, by reference to the title of the office concerned. (2) An appointment of a particular officer, or the holder of a particular office, is taken to be the appointment of the person for the time being occupying or acting in the office concerned. 27 Acting appointments (1) If this Law authorises a person or body to appoint a person to act in an office, the person or body may, in accordance with this Law, appoint— (a) a person by name; or Annexure 2 -- 1252 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1249 Authorised by the Chief Parliamentary Counsel (b) a particular officer, or the holder of a particular office, by reference to the title of the office concerned; to act in the office. (2) The appointment may be expressed to have effect only in the circumstances specified in the instrument of appointment. (3) The appointer may— (a) determine the terms and conditions of the appointment, including remuneration and allowances; and (b) terminate the appointment at any time. (4) The appointment, or the termination of the appointment, must be in, or evidenced by, writing signed by the appointer. (5) The appointee must not act for more than 1 year during a vacancy in the office. (6) If the appointee is acting in the office otherwise than because of a vacancy in the office and the office becomes vacant, then, subject to subsection (2), the appointee may continue to act until— (a) the appointer otherwise directs; or (b) the vacancy is filled; or (c) the end of a year from the day of the vacancy; whichever happens first. (7) The appointment ceases to have effect if the appointee resigns by writing signed and delivered to the appointer. Annexure 2 -- 1253 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1250 Authorised by the Chief Parliamentary Counsel (8) While the appointee is acting in the office— (a) the appointee has all the powers and functions of the holder of the office; and (b) this Law and other laws apply to the appointee as if the appointee were the holder of the office. (9) Anything done by or in relation to a person purporting to act in the office is not invalid merely because— (a) the occasion for the appointment had not arisen; or (b) the appointment had ceased to have effect; or (c) the occasion for the person to act had not arisen or had ceased. (10) If this Law authorises the appointer to appoint a person to act during a vacancy in the office, an appointment to act in the office may be made by the appointer whether or not an appointment has previously been made to the office. 28 Powers of appointment imply certain incidental powers (1) If this Law authorises or requires a person or body to appoint a person to an office— (a) the power may be exercised from time to time as occasion requires; and (b) the power includes— (i) power to remove or suspend, at any time, a person appointed to the office; and (ii) power to appoint another person to act in the office if a person appointed to the office is removed or suspended; and Annexure 2 -- 1254 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1251 Authorised by the Chief Parliamentary Counsel (iii) power to reinstate or reappoint a person removed or suspended; and (iv) power to appoint a person to act in the office if it is vacant (whether or not the office has ever been filled); and (v) power to appoint a person to act in the office if the person appointed to the office is absent or is unable to discharge the functions of the office (whether because of illness or otherwise). (2) The power to remove or suspend a person under subsection (1)(b) may be exercised even if this Law provides that the holder of the office to which the person was appointed is to hold office for a specified period. (3) The power to make an appointment under subsection (1)(b) may be exercised from time to time as occasion requires. (4) An appointment under subsection (1)(b) may be expressed to have effect only in the circumstances specified in the instrument of appointment. 29 Delegation of functions (1) If this Law authorises a person or body to delegate a function, the person or body may, in accordance with this Law and any other applicable law, delegate the function to— (a) a person or body by name; or (b) a specified officer, or the holder of a specified office, by reference to the title of the office concerned. Annexure 2 -- 1255 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1252 Authorised by the Chief Parliamentary Counsel (2) The delegation may be— (a) general or limited; and (b) made from time to time; and (c) revoked, wholly or partly, by the delegator. (3) The delegation, or a revocation of the delegation, must be in, or evidenced by, writing signed by the delegator or, if the delegator is a body, by a person authorised by the body for the purpose. (4) A delegated function may be exercised only in accordance with any conditions to which the delegation is subject. (5) The delegate may, in the exercise of a delegated function, do anything that is incidental to the delegated function. (6) A delegated function that purports to have been exercised by the delegate is taken to have been properly exercised by the delegate unless the contrary is proved. (7) A delegated function that is properly exercised by the delegate is taken to have been exercised by the delegator. (8) If, when exercised by the delegator, a function is dependent on the delegator’s opinion, belief or state of mind, then, when exercised by the delegate, the function is dependent on the delegate’s opinion, belief or state of mind. (9) If— (a) the delegator is a specified officer or the holder of a specified office; and (b) the person who was the specified officer or holder of the specified office when the delegation was made ceases to be the holder of the office; Annexure 2 -- 1256 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1253 Authorised by the Chief Parliamentary Counsel then— (c) the delegation continues in force; and (d) the person for the time being occupying or acting in the office concerned is taken to be the delegator for the purposes of this section. (10) If— (a) the delegator is a body; and (b) there is a change in the membership of the body; then— (c) the delegation continues in force; and (d) the body as constituted for the time being is taken to be the delegator for the purposes of this section. (11) If a function is delegated to a specified officer or the holder of a specified office— (a) the delegation does not cease to have effect merely because the person who was the specified officer or the holder of the specified office when the function was delegated ceases to be the officer or the holder of the office; and (b) the function may be exercised by the person for the time being occupying or acting in the office concerned. (12) A function that has been delegated may, despite the delegation, be exercised by the delegator. (13) The delegation of a function does not relieve the delegator of the delegator’s obligation to ensure that the function is properly exercised. (14) Subject to subsection (15), this section applies to a subdelegation of a function in the same way as it applies to a delegation of a function. Annexure 2 -- 1257 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1254 Authorised by the Chief Parliamentary Counsel (15) If this Law authorises the delegation of a function, the function may be subdelegated only if the Law expressly authorises the function to be subdelegated. 30 Exercise of powers between enactment and commencement (1) If a provision of this Law (the empowering provision) that does not commence on its enactment would, had it commenced, confer a power— (a) to make an appointment; or (b) to make a statutory instrument of a legislative or administrative character; or (c) to do another thing; then— (d) the power may be exercised; and (e) anything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect; before the empowering provision commences. (2) If a provision of a Queensland Act (the empowering provision) that does not commence on its enactment would, had it commenced, amend a provision of this Law so that it would confer a power— (a) to make an appointment; or (b) to make a statutory instrument of a legislative or administrative character; or (c) to do another thing; then— (d) the power may be exercised; and Annexure 2 -- 1258 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1255 Authorised by the Chief Parliamentary Counsel (e) anything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect; before the empowering provision commences. (3) If— (a) this Law has commenced and confers a power to make a statutory instrument (the basic instrument-making power); and (b) a provision of a Queensland Act that does not commence on its enactment would, had it commenced, amend this Law so as to confer additional power to make a statutory instrument (the additional instrument- making power); then— (c) the basic instrument-making power and the additional instrument-making power may be exercised by making a single instrument; and (d) any provision of the instrument that required an exercise of the additional instrument- making power is to be treated as made under subsection (2). (4) If an instrument, or a provision of an instrument, is made under subsection (1) or (2) that is necessary for the purpose of— (a) enabling the exercise of a power mentioned in the subsection; or (b) bringing an appointment, instrument or other thing made or done under such a power into effect; the instrument or provision takes effect— (c) on the making of the instrument; or Annexure 2 -- 1259 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1256 Authorised by the Chief Parliamentary Counsel (d) on such later day (if any) on which, or at such later time (if any) at which, the instrument or provision is expressed to take effect. (5) If— (a) an appointment is made under subsection (1) or (2); or (b) an instrument, or a provision of an instrument, made under subsection (1) or (2) is not necessary for a purpose mentioned in subsection (4); the appointment, instrument or provision takes effect— (c) on the commencement of the relevant empowering provision; or (d) on such later day (if any) on which, or at such later time (if any) at which, the appointment, instrument or provision is expressed to take effect. (6) Anything done under subsection (1) or (2) does not confer a right, or impose a liability, on a person before the relevant empowering provision commences. (7) After the enactment of a provision mentioned in subsection (2) but before the provision’s commencement, this section applies as if the references in subsections (2) and (5) to the commencement of the empowering provision were references to the commencement of the provision mentioned in subsection (2) as amended by the empowering provision. (8) In the application of this section to a statutory instrument, a reference to the enactment of the instrument is a reference to the making of the instrument. Annexure 2 -- 1260 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1257 Authorised by the Chief Parliamentary Counsel Part 5 Distance, time and age 31 Matters relating to distance, time and age (1) In the measurement of distance for the purposes of this Law, the distance is to be measured along the shortest road ordinarily used for travelling. (2) If a period beginning on a given day, act or event is provided or allowed for a purpose by this Law, the period is to be calculated by excluding the day, or the day of the act or event, and— (a) if the period is expressed to be a specified number of clear days or at least a specified number of days—by excluding the day on which the purpose is to be fulfilled; and (b) in any other case—by including the day on which the purpose is to be fulfilled. (3) If the last day of a period provided or allowed by this Law for doing anything is not a business day in the place in which the thing is to be or may be done, the thing may be done on the next business day in the place. (4) If the last day of a period provided or allowed by this Law for the filing or registration of a document is a day on which the office is closed where the filing or registration is to be or may be done, the document may be filed or registered at the office on the next day that the office is open. (5) If no time is provided or allowed for doing anything, the thing is to be done as soon as possible, and as often as the prescribed occasion happens. (6) If, in this Law, there is a reference to time, the reference is, in relation to the doing of anything in a jurisdiction, a reference to the legal time in the jurisdiction. Annexure 2 -- 1261 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1258 Authorised by the Chief Parliamentary Counsel (7) For the purposes of this Law, a person attains an age in years at the beginning of the person’s birthday for the age. Part 6 Effect of repeal, amendment or expiration 32 Time of Law ceasing to have effect If a provision of this Law is expressed— (a) to expire on a specified day; or (b) to remain or continue in force, or otherwise have effect, until a specified day; the provision has effect until the last moment of the specified day. 33 Repealed Law provisions not revived If a provision of this Law is repealed or amended by a Queensland Act, or a provision of a Queensland Act, the provision is not revived merely because the Queensland Act or the provision of the Queensland Act— (a) is later repealed or amended; or (b) later expires. 34 Saving of operation of repealed Law provisions (1) The repeal, amendment or expiry of a provision of this Law does not— (a) revive anything not in force or existing at the time the repeal, amendment or expiry takes effect; or (b) affect the previous operation of the provision or anything suffered, done or begun under the provision; or (c) affect a right, privilege or liability acquired, accrued or incurred under the provision; or Annexure 2 -- 1262 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1259 Authorised by the Chief Parliamentary Counsel (d) affect a penalty incurred in relation to an offence arising under the provision; or (e) affect an investigation, proceeding or remedy in relation to such a right, privilege, liability or penalty. (2) Any such penalty may be imposed and enforced, and any such investigation, proceeding or remedy may be begun, continued or enforced, as if the provision had not been repealed or amended or had not expired. 35 Continuance of repealed provisions If a Queensland Act repeals some provisions of this Law and enacts new provisions in substitution for the repealed provisions, the repealed provisions continue in force until the new provisions commence. 36 Law and amending Acts to be read as one This Law and all Queensland Acts amending this Law are to be read as one. Part 7 Instruments under Law 37 Schedule applies to statutory instruments (1) This Schedule applies to a statutory instrument, and to things that may be done or are required to be done under a statutory instrument, in the same way as it applies to this Law, and things that may be done or are required to be done under this Law, except so far as the context or subject matter otherwise indicates or requires. (2) The fact that a provision of this Schedule refers to this Law and not also to a statutory instrument does not, by itself, indicate that the provision is intended to apply only to this Law. Annexure 2 -- 1263 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1260 Authorised by the Chief Parliamentary Counsel Part 8 Application to coastal waters 38 Application This Law has effect in and in relation to the coastal waters of this jurisdiction as if the coastal waters were part of this jurisdiction. Annexure 2 -- 1264 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1261 Authorised by the Chief Parliamentary Counsel Schedule 2 Subject matter for conditions of mass or dimension authorities sections 119, 125 and 146 1 the maximum permissible mass of a heavy vehicle, a heavy vehicle together with its load, or a component of a heavy vehicle, being used on a road 2 the maximum permissible dimensions of a heavy vehicle (including its equipment), or a component or load of a heavy vehicle, being used on a road 3 the configuration of a heavy vehicle 4 the types of loads a heavy vehicle may carry 5 the use of signs and warning devices 6 the use of a pilot vehicle or escort vehicle 7 the times when a heavy vehicle may be used on a road 8 the maximum speed at which a heavy vehicle may be driven on a road 9 requirements about monitoring the movement of a heavy vehicle 10 the use of stated technology to— (a) ensure the safe use of a heavy vehicle; or (b) ensure a heavy vehicle will not cause damage to road infrastructure; or (c) minimise the adverse effect of the use of a heavy vehicle on public amenity Annexure 2 -- 1265 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1262 Authorised by the Chief Parliamentary Counsel Schedule 3 Reviewable decisions section 640, definition reviewable decision Part 1 Decisions of Regulator Section under which decision made Description of decision section 22 decision of Regulator not to grant a PBS design approval section 22 decision of Regulator to impose a condition in relation to a PBS design approval, except to the extent the decision relates to a condition imposed as a result of a ministerial notice under section 21 section 23 decision of Regulator not to grant a PBS vehicle approval section 23 decision of Regulator to impose a condition in relation to a PBS vehicle approval, except to the extent the decision relates to a condition imposed as a result of a ministerial notice under section 21 section 68 decision of Regulator not to grant a vehicle standards exemption (permit) section 68 decision of Regulator to grant a vehicle standards exemption (permit) for a period less than the period of not more than 3 years sought by the applicant section 71 decision of Regulator to impose on a vehicle standards exemption (permit) a condition not sought by the applicant section 75 decision of Regulator not to make a decision sought in an application for amendment or cancellation of a vehicle standards exemption (permit) Annexure 2 -- 1266 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1263 Authorised by the Chief Parliamentary Counsel Section under which decision made Description of decision section 76 decision of Regulator to amend or cancel a vehicle standards exemption (permit) section 77 decision of the Regulator to immediately suspend a vehicle standards exemption (permit) section 80 decision of Regulator not to give a replacement permit for a vehicle standards exemption (permit) section 122 decision of Regulator not to grant a mass or dimension exemption (permit) other than because a relevant road manager for the exemption did not consent to the grant section 122 decision of Regulator to grant a mass or dimension exemption (permit) for a period less than the period of not more than 3 years sought by the applicant section 125 decision of Regulator to impose on a mass or dimension exemption (permit) a condition not sought by the applicant and not a road condition or travel conditions required by a relevant road manager for the exemption section 143 decision of Regulator not to grant a class 2 heavy vehicle authorisation (permit) other than because a relevant road manager for the authorisation did not consent to the grant section 143 decision of Regulator to grant a class 2 heavy vehicle authorisation (permit) for a period less than the period of not more than 3 years sought by the applicant Annexure 2 -- 1267 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1264 Authorised by the Chief Parliamentary Counsel Section under which decision made Description of decision section 146 decision of Regulator to impose on a class 2 heavy vehicle authorisation (permit) a condition not sought by the applicant and not a road condition or travel condition required by a relevant road manager for the authorisation section 176 decision of Regulator not to make a decision sought in an application for amendment of a mass or dimension authority granted by giving a person a permit section 177 decision of Regulator to amend or cancel a mass or dimension authority granted by giving a person a permit, other than at the request of a relevant road manager section 179 decision of Regulator to immediately suspend a mass or dimension authority granted by giving a person a permit section 182 decision of Regulator not to give a replacement permit for a mass or dimension authority section 273 decision of Regulator not to grant a work and rest hours exemption (permit) section 273 decision of Regulator to grant a work and rest hours exemption (permit) that does not cover all of the drivers sought by the applicant section 273 decision of Regulator to grant a work and rest hours exemption (permit) setting maximum work times or minimum rest times different to the maximum work times or minimum rest times sought by the applicant Annexure 2 -- 1268 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1265 Authorised by the Chief Parliamentary Counsel Section under which decision made Description of decision section 273 decision of Regulator to grant a work and rest hours exemption (permit) for a period less than the period of not more than 3 years sought by the applicant section 276 decision of Regulator to impose on a work and rest hours exemption (permit) a condition not sought by the applicant section 280 decision of Regulator not to make a decision sought in an application for the amendment or cancellation of a work and rest hours exemption (permit) section 281 decision of Regulator to amend or cancel a work and rest hours exemption (permit) section 282 decision of Regulator to immediately suspend a work and rest hours exemption (permit) section 285 decision of Regulator not to give a replacement permit for a work and rest hours exemption (permit) section 343 decision of Regulator not to grant an electronic recording system approval section 343 decision of Regulator to impose on an electronic recording system approval a condition not sought by the applicant section 351 decision of Regulator not to make a decision sought in an application for amendment or cancellation of an electronic recording system approval section 352 decision of Regulator to amend or cancel an electronic recording system approval section 363 decision of Regulator not to grant a work diary exemption (permit) Annexure 2 -- 1269 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1266 Authorised by the Chief Parliamentary Counsel Section under which decision made Description of decision section 363 decision of Regulator to grant a work diary exemption (permit) for a period less than the period of not more than 3 years sought by the applicant section 366 decision of Regulator to impose on a work diary exemption (permit) a condition not sought by the applicant section 370 decision of Regulator not to make a decision sought in an application for the amendment or cancellation of a work exemption (permit) section 371 decision of Regulator to amend or cancel a work diary exemption (permit) section 374 decision of Regulator not to give a replacement permit for work diary exemption (permit) section 379 decision of Regulator to impose a condition on a fatigue record keeping exemption (notice) section 383 decision of Regulator to grant a fatigue record keeping exemption (permit) in a way that does not cover all the drivers sought by the applicant section 383 decision of Regulator to grant a fatigue record keeping exemption (permit) setting conditions different from those sought by the applicant section 385 decision of Regulator to impose a condition on a fatigue record keeping exemption (permit) section 387 decision of Regulator to give a fatigue record keeping exemption (permit) for a period less than the period of not more than 3 years sought by the applicant Annexure 2 -- 1270 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1267 Authorised by the Chief Parliamentary Counsel Section under which decision made Description of decision section 388 decision of Regulator not to grant a fatigue record keeping exemption (permit) section 389 decision of Regulator not to make a decision sought in an application for amendment or cancellation of a fatigue record keeping exemption (permit) section 390 decision of Regulator to amend or cancel a fatigue record keeping exemption (permit) section 393 decision of Regulator not to give a replacement fatigue record keeping exemption permit section 458 decision of Regulator not to grant a heavy vehicle accreditation section 458 decision of Regulator to grant a heavy vehicle accreditation for a period less than the period of not more than 3 years sought by the applicant section 458 decision of Regulator to 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 section 462(2) decision of Regulator to impose on a heavy vehicle accreditation a condition not sought by the applicant section 472 decision of Regulator not to make a decision sought in an application for amendment or cancellation of a heavy vehicle accreditation section 473 decision of Regulator to amend, suspend or cancel a heavy vehicle accreditation Annexure 2 -- 1271 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1268 Authorised by the Chief Parliamentary Counsel Section under which decision made Description of decision section 474 decision of Regulator to immediately suspend a heavy vehicle accreditation section 477 decision of Regulator not to give a replacement accreditation certificate section 561 decision of Regulator that a thing or sample is forfeited to the Regulator Part 2 Decisions of authorised officers Section under which decision made Description of decision section 572 decision of an authorised officer who is not a police officer to give a person an improvement notice sections 572 and 574 decision of an authorised officer who is not a police officer to amend an improvement notice given to a person Part 3 Decisions of relevant road managers Section under which decision made Description of decision section 156 decision of a relevant road manager for a mass or dimension authority, that is a public authority, not to consent to the grant of the authority section 160 decision of a relevant road manager for a mass or dimension authority, that is a public authority, to consent to the grant of the authority subject to a condition that a road condition be imposed on the authority Annexure 2 -- 1272 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1269 Authorised by the Chief Parliamentary Counsel Section under which decision made Description of decision section 161 decision of a relevant road manager for a mass or dimension authority, that is a public authority, to consent to the grant of the authority subject to a condition that a travel condition be imposed on the authority section 174 decision of a relevant road manager for a mass or dimension authority (granted by Commonwealth Gazette notice), that is a public authority, to request the authority be amended or cancelled section 178 decision of a relevant road manager for a mass or dimension authority (granted by giving a person a permit), that is a public authority, to request the authority be amended or cancelled Annexure 2 -- 1273 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1270 Authorised by the Chief Parliamentary Counsel Schedule 4 Provisions specified for liability of executive officers for offences by corporations section 636 The provisions specified in column 2 of the following table are specified for the purposes of section 636(1). The provisions specified in column 3 of the table are specified for the purposes of section 636(2). Column 1 Column 2 Column 3 Section of this Law Provision specified for the purposes of section 636(1) Provision specified for the purposes of section 636(2) 30 30(1) 30(1) 50 50(1), 50(2) --- 60 60(1) 60(1) 79 79(2) 79(2) 81 81(1), 81(2), 81(3) 81(1), 81(2), 81(3) 85 85(1), 85(2) 85(2) 89 89(1) 89(1) 93 93(1) 93(1) 129 129(1), 129(2), 129(3) 129(1), 129(2), 129(3) 130 130(3) 130(3) 137 137 137 150 150(1) 150(1) 181 181(3) --- 183 183(2) 183(2) 185 185(1), 185(2) 185(1), 185(2) Annexure 2 -- 1274 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1271 Authorised by the Chief Parliamentary Counsel Column 1 Column 2 Column 3 Section of this Law Provision specified for the purposes of section 636(1) Provision specified for the purposes of section 636(2) 186 186(2), 186(3), 186(4), 186(5) 186(2), 186(3), 186(4), 186(5) 187 187(2), 187(3) 187(2), 187(3) 190 190(1) 190(1) 191 191(1), 191(3) 191(1), 191(3) 193 193(2) 193(2) 194 194(1) 194(1) 204 204(1) 204(1) 205 205(1) 205(1) 206 206(2) 206(2) 207 207(1) 207(1) 208 208(1) 208(1) 209 209(1) 209(1) 212 212(1), 212(2) 212(1), 212(2) 213 213 213 215 215 215 216 216(1), 216(2) 216(1), 216(2) 219 219(1) 219(1) 229 229(1) 229(1) 230 230(1) 230(1) 231 231(1) 231(1) 232 232(2) 232(2) 233 233(1) 233(1) 234 234(1) 234(1) 235 235(1), 235(2) 235(1), 235(2) 236 236(1) 236(1) Annexure 2 -- 1275 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1272 Authorised by the Chief Parliamentary Counsel Column 1 Column 2 Column 3 Section of this Law Provision specified for the purposes of section 636(1) Provision specified for the purposes of section 636(2) 237 237(1) 237(1) 238 238(1) 238(1) 239 239(2) 239(2) 240 240 240 241 241(1), 241(2) 241(1), 241(2) 261 261(2) 261(2) 264 264(2) 264(2) 284 284(2) 284(2) 286 286(1) 286(1) 310 310(2) 310(2) 311 311(2) 311(2) 312 312(2) 312(2) 313 313(2) 313(2) 314 314(3) --- 315 315(2) 315(2) 319 319(1) 319(1) 321 321(1), 321(2) 321(1), 321(2) 322 322(4) 322(4) 323 323(3) 323(3) 324 324(2) 324(2) 327 327 327 328 328 --- 329 329 --- 330 330(1) --- 331 331 --- 332 332 --- Annexure 2 -- 1276 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1273 Authorised by the Chief Parliamentary Counsel Column 1 Column 2 Column 3 Section of this Law Provision specified for the purposes of section 636(1) Provision specified for the purposes of section 636(2) 335 335(1) 335(1) 336 336(1) 336(1) 337 337(2) 337(2) 341 341(1), 341(2), 341(3), 341(4) 341(1), 341(2), 341(3), 341(4) 347 347(2), 347(3) --- 350 350(1), 350(2) 350(1), 350(2) 354 354(3), 354(5) 354(3), 354(5) 355(2) 355(2), 355(4), 355(6), 355(8) 355(2), 355(4), 355(6), 355(8) 373 373(2) --- 375 375 375 396 396(2) 396(2) 398 398(2) 398(2) 399 399(2) 399(2) 404 404(1), 404(4) 404(1), 404(4) 405 405(1) --- 406 406(1), 406(2) 406(1) 417 417 --- 422 422(2) 422(2) 423 423(1) 423(1) 424 424(1), 424(3) 424(1), 424(3) 451 451 451 452 452 452 453 453(1), 453(2) 453(1), 453(2) 454 454(1), 454(2) 454(1), 454(2) Annexure 2 -- 1277 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1274 Authorised by the Chief Parliamentary Counsel Column 1 Column 2 Column 3 Section of this Law Provision specified for the purposes of section 636(1) Provision specified for the purposes of section 636(2) 467 467 467 470 470(2), 470(3), 470(4), 470(5), 470(6) 470(2), 470(3), 470(4), 470(5), 470(6) 471 471(2) 471(2) 476 476(2) 476(2) 478 478(1), 478(2), 478(3), 478(4) --- 514 514(3) --- 516 516(3) --- 517 517(4) --- 528 528(3) --- 529 529 529 533 533(7) --- 534 534(5) --- 535 535(5) --- 553 553(3) --- 558 558(1), 558(3) 558(1), 558(3) 559 559(3), 559(4), 559(5) 559(3), 559(4), 559(5) 567 567(4) --- 568 568(7) --- 569 569(2), 569(7) --- 570 570(3) --- 573 573(1) 573(1) 577 577(4) --- 604 604 604 610 610 610 Annexure 2 -- 1278 of 1279 -- Heavy Vehicle National Law Application Act 2013 No. 30 of 2013 1275 Authorised by the Chief Parliamentary Counsel Column 1 Column 2 Column 3 Section of this Law Provision specified for the purposes of section 636(1) Provision specified for the purposes of section 636(2) 699 699(1), 699(2) 699(1), 699(2) 700 700(4) 700(4) 702 702(1), 702(3) --- 703 703(1), 703(2) --- 704 704(1), 704(2), 644(3) --- 728 728(1) 728(1) 729 729(1), 729(3) 729(1), 729(3)’. Annexure 2 -- 1279 of 1279 --