HEAVY VEHICLE NATIONAL LAW AMENDMENT BILL 2012

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This is a Bill, not an Act. For current law, see the Acts databases.

HEAVY VEHICLE NATIONAL LAW AMENDMENT BILL 2012

Queensland Heavy Vehicle National Law Amendment Bill 2012

Queensland Heavy Vehicle National Law Amendment Bill 2012 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Part 2 Amendment of Heavy Vehicle National Law Act 2012 3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 4 Insertion of new s 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 2A Special provision about commencement of Heavy Vehicle National Law (Queensland) . . . . . . . . . . . . . . . . . . . . 39 5 Amendment of pt 2 (Adoption of Heavy Vehicle National Law) . . 39 6 Amendment of s 5 (Exclusion of legislation of this jurisdiction) . . 40 7 Amendment of s 13 (Police officers who are authorised officers) 40 8 Amendment of s 17 (Parliamentary scrutiny of national regulations) 41 9 Renumbering of ss 18 and 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 10 Insertion of new pt 4, divs 1 to 4 and div 5, hdg . . . . . . . . . . . . . . 41 Division 1 Preliminary 18 Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Division 2 Requirement for commissioner's consent for mass or dimension exemptions 19 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 20 Other consents under s 118 of the Law . . . . . . . . . . . 43 21 Other consents under s 124 of the Law . . . . . . . . . . . 43 22 Deciding request for consent generally . . . . . . . . . . . 44 23 Imposition of conditions . . . . . . . . . . . . . . . . . . . . . . . 44 24 Information notice for decision to refuse application because commissioner did not give consent . . . . . . . . . . . . . . 45 25 Information notice for imposition of condition requested by commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45

Heavy Vehicle National Law Amendment Bill 2012 Contents 26 Amendment or cancellation of mass or dimension exemption (notice) on request by commissioner . . . . . . . . . . . . . 46 27 Amendment or cancellation of mass or dimension exemption (permit) on request by commissioner . . . . . . . . . . . . . 47 28 Reviewable decisions . . . . . . . . . . . . . . . . . . . . . . . . . 48 29 Applying review and appeal provisions of the Law . . . 48 Division 3 Additional evidentiary provisions 30 Additional Regulator certificates. . . . . . . . . . . . . . . . . 49 31 Additional road authority certificates . . . . . . . . . . . . . 51 32 Evidence of contents of document examined by authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 33 Averments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Division 4 Special provisions about Regulator 34 Declarations about industrial relations status of Regulator 53 11 Insertion of new pts 5 and 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Part 5 Miscellaneous 37 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . 53 Part 6 Savings and transitional provisions 38 Savings provision for Regulator . . . . . . . . . . . . . . . . . 54 12 Replacement of Schedule (Heavy Vehicle National Law) . . . . . . 55 Schedule Heavy Vehicle National Law Chapter 1 Preliminary Part 1.1 Introductory matters 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 3 Object of Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 4 Regulatory framework to achieve object . . . . . . . . . . . . . . . . . . . 56 Part 1.2 Interpretation 5 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 6 Meaning of heavy vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 7 Meaning of fatigue-regulated heavy vehicle . . . . . . . . . . . . . . . . . 106 8 Meaning of road and road-related area . . . . . . . . . . . . . . . . . . . . 108 9 Meaning of convicts and convicted of an offence . . . . . . . . . . . . . 109 10 Interpretation generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 11 References to laws includes references to instruments made under laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 12 References to this Law as applied in a participating jurisdiction . 110 Page 2

Heavy Vehicle National Law Amendment Bill 2012 Contents 13 References to road . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 14 References to mistake of fact defence . . . . . . . . . . . . . . . . . . . . . 110 15 References to categories of heavy vehicles . . . . . . . . . . . . . . . . . 110 Part 1.3 Application and operation of Law 16 Extraterritorial operation of Law . . . . . . . . . . . . . . . . . . . . . . . . . . 111 17 Law binds the State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 18 Relationship with primary work health and safety laws . . . . . . . . 111 Part 1.4 Performance based standards 19 Main purpose of this Part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 20 Notification to road authority of PBS design approval . . . . . . . . . 112 21 Notification by responsible Minister of non-application or restricted application of PBS design approval . . . . . . . . . . . . . . . 112 22 Application for PBS design approval . . . . . . . . . . . . . . . . . . . . . . 113 23 Application for PBS vehicle approval . . . . . . . . . . . . . . . . . . . . . . 114 24 Exemption from stated vehicle standards. . . . . . . . . . . . . . . . . . . 114 25 Authorisation of different mass or dimension requirement . . . . . . 115 26 National regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 Chapter 2 Registration Part 2.1 Preliminary 27 Main purpose of Ch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 Part 2.2 Registration scheme Division 1 Preliminary 28 Scheme for registration of heavy vehicles . . . . . . . . . . . . . . . . . . 117 29 Registration not evidence of title . . . . . . . . . . . . . . . . . . . . . . . . . 118 Division 2 Requirement for heavy vehicle to be registered 30 Registration requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 Division 3 Authorised use of unregistered heavy vehicle 31 Purpose of Div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 32 Unregistered heavy vehicle on journey for obtaining registration . 119 33 Unregistered heavy vehicle temporarily in Australia. . . . . . . . . . . 120 34 Unregistered heavy vehicle used for short term only . . . . . . . . . . 121 35 Unregistered heavy vehicle used locally only. . . . . . . . . . . . . . . . 122 36 Unregistered heavy vehicle that is an agricultural vehicle . . . . . . 122 37 Unregistered heavy vehicle being towed . . . . . . . . . . . . . . . . . . . 122 38 Unregistered heavy vehicle to which exemption under Div 4 applies ......................................... 123 Page 3

Heavy Vehicle National Law Amendment Bill 2012 Contents 39 Driver to carry proof of compliance with third party insurance legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 41 Restriction on grant of registration exemption . . . . . . . . . . . . . . . 124 42 Conditions of registration exemption . . . . . . . . . . . . . . . . . . . . . . 124 43 Period for which registration exemption applies . . . . . . . . . . . . . . 125 44 Requirements about Commonwealth Gazette notice . . . . . . . . . . 125 45 Amendment or cancellation of registration exemption . . . . . . . . . 126 46 Immediate suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 Subdivision 2 Exemption by national regulations 47 National regulations exempting heavy vehicles from requirement to be registered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 Part 2.3 Vehicle register 48 Vehicle register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 Part 2.4 Other provisions relating to registration 49 Ownership of registration items . . . . . . . . . . . . . . . . . . . . . . . . . . 130 50 Obtaining registration or registration items by false statements etc. .......................................... 130 51 Replacement and recovery of certain registration items . . . . . . . 130 52 Verification of particular records . . . . . . . . . . . . . . . . . . . . . . . . . . 131 Part 2.5 Written-off and wrecked heavy vehicles 53 Purpose of Pt 2.5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 54 Definitions for Pt 2.5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 55 Written-off and wrecked heavy vehicles register . . . . . . . . . . . . . 133 Part 2.6 Other provisions 56 Regulator may specify GCM in particular circumstances. . . . . . . 134 57 Regulator may specify GVM in particular circumstances . . . . . . . 135 Chapter 3 Vehicle operations--standards and safety Part 3.1 Preliminary 58 Main purpose of Ch 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 Part 3.2 Compliance with heavy vehicle standards Division 1 Requirements 59 Heavy vehicle standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 60 Compliance with heavy vehicle standards . . . . . . . . . . . . . . . . . . 137 Page 4

Heavy Vehicle National Law Amendment Bill 2012 Contents Division 2 Exemptions by Commonwealth Gazette notice 61 Regulator's power to exempt category of heavy vehicles from compliance with heavy vehicle standard . . . . . . . . . . . . . . . . . . . 139 62 Restriction on grant of vehicle standards exemption (notice) . . . . 139 63 Conditions of vehicle standards exemption (notice) . . . . . . . . . . . 140 64 Period for which vehicle standards exemption (notice) applies . . 141 65 Requirements about Commonwealth Gazette notice . . . . . . . . . . 141 66 Amendment or cancellation of vehicle standards exemption (notice) ...................................... 141 67 Immediate suspension on Regulator's initiative . . . . . . . . . . . . . . 143 Division 3 Exemptions by permit 68 Regulator's power to exempt particular heavy vehicle from compliance with heavy vehicle standard . . . . . . . . . . . . . . . . . . . 144 69 Application for vehicle standards exemption (permit) . . . . . . . . . . 144 70 Restriction on grant of vehicle standards exemption (permit) . . . 145 71 Conditions of vehicle standards exemption (permit). . . . . . . . . . . 145 72 Period for which vehicle standards exemption (permit) applies . . 146 73 Permit for vehicle standards exemption (permit) etc. . . . . . . . . . . 146 74 Refusal of application for vehicle standards exemption (permit) . 147 75 Amendment or cancellation of vehicle standards exemption (permit) on application by permit holder . . . . . . . . . . . . . . . . . . . . 147 76 Amendment or cancellation of vehicle standards exemption (permit) on Regulator's initiative . . . . . . . . . . . . . . . . . . . . . . . . . . 148 77 Immediate suspension on Regulator's initiative . . . . . . . . . . . . . . 149 78 Minor amendment of vehicle standards exemption (permit). . . . . 150 79 Return of permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 80 Replacement of defaced etc. permit. . . . . . . . . . . . . . . . . . . . . . . 151 Division 4 Operating under vehicle standards exemption 81 Contravening condition of vehicle standards exemption. . . . . . . . 151 82 Keeping relevant document while driving under vehicle standards exemption (notice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 83 Keeping copy of permit while driving under vehicle standards exemption (permit) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154 Part 3.3 Modifying heavy vehicles 84 Definition for Pt 3.3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 85 Modifying heavy vehicle requires approval. . . . . . . . . . . . . . . . . . 156 86 Approval of modifications by approved vehicle examiners . . . . . . 156 87 Approval of modification by Regulator . . . . . . . . . . . . . . . . . . . . . 157 Page 5

Heavy Vehicle National Law Amendment Bill 2012 Contents 88 National regulations for heavy vehicle modification . . . . . . . . . . . 158 Part 3.4 Other offences 89 Safety requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158 90 Requirement about properly operating emission control system . 159 91 Person must not tamper with emission control system fitted to heavy vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 92 Display of warning signs required by heavy vehicle standards on vehicles to which the requirement does not apply . . . . . . . . . . . . 161 93 Person must not tamper with speed limiter fitted to heavy vehicle 162 Chapter 4 Vehicle operations--mass, dimension and loading Part 4.1 Preliminary 94 Main purposes of Ch 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164 Part 4.2 Mass requirements Division 1 Requirements 95 Prescribed mass requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . 165 96 Compliance with mass requirements . . . . . . . . . . . . . . . . . . . . . . 166 Division 2 Categories of breaches of mass requirements 97 Definitions for Div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167 98 Minor risk breach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168 99 Substantial risk breach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168 100 Severe risk breach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168 Part 4.3 Dimension requirements Division 1 Requirements 101 Prescribed dimension requirements. . . . . . . . . . . . . . . . . . . . . . . 169 102 Compliance with dimension requirements . . . . . . . . . . . . . . . . . . 170 Division 2 Categories of breaches of dimension requirements 103 Application of Div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171 104 Definitions for Div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171 105 Minor risk breach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172 106 Substantial risk breach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172 107 Severe risk breach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173 Division 3 Other provisions relating to load projections 108 Dangerous projections taken to be contravention of dimension requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174 109 Warning signals required for rear projection of loads . . . . . . . . . . 175 Page 6

Heavy Vehicle National Law Amendment Bill 2012 Contents Part 4.4 Loading requirements Division 1 Requirements 110 National regulations may prescribe loading requirements . . . . . . 176 111 Compliance with loading requirements . . . . . . . . . . . . . . . . . . . . 176 Division 2 Categories of breaches of loading requirements 112 Minor risk breach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177 113 Substantial risk breach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177 114 Severe risk breach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178 Division 3 Evidentiary provision 115 Proof of contravention of loading requirement . . . . . . . . . . . . . . . 178 Part 4.5 Exemptions for particular overmass or oversize vehicles Division 1 Preliminary 116 Class 1 heavy vehicles and class 3 heavy vehicles . . . . . . . . . . . 179 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 . 180 118 Restriction on grant of mass or dimension exemption (notice). . . 181 119 Conditions of mass or dimension exemption (notice) . . . . . . . . . . 181 120 Period for which mass or dimension exemption (notice) applies . 183 121 Requirements about Commonwealth Gazette notice . . . . . . . . . . 183 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 . . 184 123 Application for mass or dimension exemption (permit). . . . . . . . . 185 124 Restriction on grant of mass or dimension exemption (permit) . . 185 125 Conditions of mass or dimension exemption (permit) . . . . . . . . . 186 126 Period for which mass or dimension exemption (permit) applies . 186 127 Permit for mass or dimension exemption (permit) etc. . . . . . . . . . 187 128 Refusal of application for mass or dimension exemption (permit) 188 Division 4 Operating under mass or dimension exemption 129 Contravening condition of mass or dimension exemption generally .................................... 188 130 Contravening condition of mass or dimension exemption relating to pilot or escort vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189 131 Using pilot vehicle with a heavy vehicle that contravenes certain conditions of mass or dimension exemption. . . . . . . . . . . . . . . . . 190 132 Keeping relevant document while driving under mass or dimension exemption (notice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191 Page 7

Heavy Vehicle National Law Amendment Bill 2012 Contents 133 Keeping copy of permit while driving under mass or dimension exemption (permit) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192 Division 5 Other provision 134 Displaying warning signs on vehicles if not required by dimension exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195 136 Class 2 heavy vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195 Division 2 Restriction 137 Using class 2 heavy vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196 Division 3 Authorisation by Commonwealth Gazette notice 138 Regulator's power to authorise use of all or stated categories of class 2 heavy vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196 139 Restriction on grant of class 2 heavy vehicle authorisation (notice) 197 140 Conditions of class 2 heavy vehicle authorisation (notice) . . . . . . 197 141 Period for which class 2 heavy vehicle authorisation (notice) applies ........................................ 197 142 Requirements about Commonwealth Gazette notice etc. . . . . . . 198 Division 4 Authorisation by permit 143 Regulator's power to authorise use of a particular class 2 heavy vehicle ........................................ 199 144 Application for class 2 heavy vehicle authorisation (permit). . . . . 200 145 Restriction on grant of class 2 heavy vehicle authorisation (permit) ...................................... 200 146 Conditions of class 2 heavy vehicle authorisation (permit) . . . . . 200 147 Period for which class 2 heavy vehicle authorisation (permit) applies ........................................ 201 148 Permit for class 2 heavy vehicle authorisation (permit) etc. . . . . . 201 149 Refusal of application for class 2 heavy vehicle authorisation (permit) ........................................ 202 Division 5 Operating under class 2 heavy vehicle authorisation 150 Contravening condition of class 2 heavy vehicle authorisation . . 202 151 Keeping relevant document while driving under class 2 heavy vehicle authorisation (notice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 203 152 Keeping copy of permit while driving under class 2 heavy vehicle authorisation (permit) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204 153 Keeping copy of PBS vehicle approval while driving under class 2 heavy vehicle authorisation . . . . . . . . . . . . . . . . . . . . . . . . . . . 206 Page 8

Heavy Vehicle National Law Amendment Bill 2012 Contents Part 4.7 Particular provisions about mass or dimension authorities Division 1 Preliminary 154 Definitions for Pt 4.7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207 Division 2 Obtaining consent of relevant road managers 155 Application of Div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208 156 Deciding request for consent generally . . . . . . . . . . . . . . . . . . . . 208 157 Obtaining third party's approval for giving consent for permit. . . . 210 158 Action pending consultation with third party . . . . . . . . . . . . . . . . . 211 159 Deciding request for consent if route assessment required . . . . . 212 160 Imposition of road conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213 161 Imposition of travel conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . 214 162 Imposition of vehicle conditions . . . . . . . . . . . . . . . . . . . . . . . . . . 214 163 Obtaining consent of road authority if particular road manager refuses to give consent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215 164 Information notice for imposition of road conditions requested by road manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216 165 Information notice for imposition of travel conditions requested by road manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 217 166 Information notice for decision to refuse application because road manager did not give consent . . . . . . . . . . . . . . . . . . . . . . . 218 167 Expedited procedure for road manager's consent for renewal of mass or dimension authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218 168 Operation of section 167 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220 169 Granting limited consent for trial purposes. . . . . . . . . . . . . . . . . . 220 170 Renewal of limited consent for trial purposes. . . . . . . . . . . . . . . . 220 171 Period for which mass or dimension authority applies where limited consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221 172 Requirements for statement explaining adverse decision of road manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221 Division 3 Amendment, cancellation or suspension of mass or dimension authority granted by Commonwealth Gazette notice 173 Amendment or cancellation on Regulator's initiative . . . . . . . . . . 222 174 Amendment or cancellation on request by relevant road manager 224 175 Immediate suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226 Division 4 Amendment, cancellation or suspension of mass or dimension authority granted by permit 176 Amendment or cancellation on application by permit holder . . . . 227 177 Amendment or cancellation on Regulator's initiative . . . . . . . . . . 229 Page 9

Heavy Vehicle National Law Amendment Bill 2012 Contents 178 Amendment or cancellation on request by relevant road manager 230 179 Immediate suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 232 180 Minor amendment of permit for a mass or dimension authority . . 232 Division 5 Provisions about permits for mass or dimension authorities 181 Return of permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233 182 Replacement of defaced etc. permit. . . . . . . . . . . . . . . . . . . . . . . 233 Part 4.8 Extended liability 183 Liability of employer etc. for contravention of mass, dimension or loading requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 234 Part 4.9 Other offences Division 1 Towing restriction 184 Towing restriction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235 Division 2 Coupling requirements 185 Requirements about coupling trailers . . . . . . . . . . . . . . . . . . . . . . 235 Division 3 Transport documentation 186 False or misleading transport documentation for goods. . . . . . . . 236 187 False or misleading information in container weight declaration . 238 Division 4 Other offences about container weight declarations 188 Application of Div 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 239 189 Meaning of complying container weight declaration. . . . . . . . . . . 239 190 Duty of responsible entity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 240 191 Duty of operator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 240 192 Duty of driver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 242 Division 5 Other offences 193 Weight of freight container exceeding weight stated on container or safety approval plate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 242 194 Conduct of consignee resulting or potentially resulting in contravention of mass, dimension or loading requirement . . . . . . 243 Part 4.10 Other provisions 195 Conflicting mass requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . 244 196 Conflicting dimension requirements . . . . . . . . . . . . . . . . . . . . . . . 244 197 Exemption from compliance with particular requirements in emergency ...................................... 245 198 Recovery of losses arising from non-provision of container weight declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246 199 Recovery of losses for provision of inaccurate container weight declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 247 200 Recovery by responsible entity of amount paid under s 199 . . . . 248 Page 10

Heavy Vehicle National Law Amendment Bill 2012 Contents 201 Assessment of monetary value or attributable amount . . . . . . . . 249 Chapter 5 Vehicle operations--speeding Part 5.1 Preliminary 202 Main purpose of Ch 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 249 203 Outline of the main features of Ch 5. . . . . . . . . . . . . . . . . . . . . . . 249 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. . . 251 205 Duty of employer not to cause driver to drive if particular requirements not complied with . . . . . . . . . . . . . . . . . . . . . . . . . . 252 206 Duty of prime contractor or operator not to cause driver to drive if particular requirements not complied with . . . . . . . . . . . . . . . . . . 252 Division 2 Schedulers 207 Duty to ensure driver's schedule will not cause driver to exceed speed limit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 253 208 Duty not to cause driver to drive if particular requirements not complied with . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 254 Division 3 Loading managers 209 Duty to ensure loading arrangements will not cause driver to exceed speed limit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 255 Division 4 Particular consignors and consignees 210 Consignors to whom Div 4 applies . . . . . . . . . . . . . . . . . . . . . . . . 255 211 Consignees to whom Div 4 applies . . . . . . . . . . . . . . . . . . . . . . . 256 212 Duty to ensure terms of consignment will not cause driver to exceed speed limit etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256 213 Duty not to make a demand that may result in driver exceeding the speed limit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 257 Division 5 Particular requests etc. and contracts etc. prohibited 214 Who is a party in the chain of responsibility . . . . . . . . . . . . . . . . . 258 215 Particular requests etc. prohibited . . . . . . . . . . . . . . . . . . . . . . . . 258 216 Particular contracts etc. prohibited . . . . . . . . . . . . . . . . . . . . . . . . 259 Division 6 Provisions about offences against this Part 217 Objective reasonableness test to be used in deciding causation . 260 218 Commission of speeding offence is irrelevant to Pt 5.2 prosecution .................................... 261 Part 5.3 Extended liability 219 Liability of employer etc. for speeding offence . . . . . . . . . . . . . . . 261 Page 11

Heavy Vehicle National Law Amendment Bill 2012 Contents Chapter 6 Vehicle operations--driver fatigue Part 6.1 Preliminary 220 Main purpose of Ch 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263 221 Definitions for Ch 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263 222 Categories of breaches . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 271 Part 6.2 Duties relating to fatigue Division 1 Preliminary 223 What is fatigue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 271 224 Matters court may consider in deciding whether person was fatigued ......................................... 272 225 What is impaired by fatigue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272 226 Matters court may consider in deciding whether person was impaired by fatigue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272 227 Who is a party in the chain of responsibility . . . . . . . . . . . . . . . . . 273 Division 2 Duty to avoid and prevent fatigue 228 Duty of driver to avoid driving while fatigued . . . . . . . . . . . . . . . . 274 229 Duty of party in the chain of responsibility to prevent driver driving while fatigued . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 275 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. ......................................... 276 231 Duty of employer not to cause driver to drive if particular requirements not complied with . . . . . . . . . . . . . . . . . . . . . . . . . . 277 232 Duty of prime contractor or operator not to cause driver to drive if particular requirements not complied with . . . . . . . . . . . . . . . . . . 277 Division 4 Additional duties of schedulers 233 Duty to ensure driver's schedule will not cause driver to drive while fatigued etc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 278 234 Duty not to cause driver to drive if particular requirements not complied with . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 278 Division 5 Additional duties of consignors and consignees 235 Duty to ensure terms of consignment will not cause driver to drive while fatigued etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 279 236 Duty not to cause driver to drive if particular requirements not complied with . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 280 237 Duty not to make a demand that may result in driver driving while fatigued etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 281 Page 12

Heavy Vehicle National Law Amendment Bill 2012 Contents Division 6 Additional duties of loading managers 238 Duty to ensure loading arrangements will not cause driver to drive while fatigued etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 282 239 Duty to ensure drivers can rest in particular circumstances. . . . . 283 Division 7 Particular requests etc. and contracts etc. prohibited 240 Particular requests etc. prohibited . . . . . . . . . . . . . . . . . . . . . . . . 284 241 Particular contracts etc. prohibited . . . . . . . . . . . . . . . . . . . . . . . . 285 Division 8 Provisions about offences against this Part 242 Objective reasonableness test to be used in deciding causation . 286 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. . . . . . . . . . . . . . . . 287 244 Counting time spent in participating jurisdictions . . . . . . . . . . . . . 288 245 Counting time spent outside participating jurisdictions . . . . . . . . 288 246 Counting periods of less than 15 minutes . . . . . . . . . . . . . . . . . . 289 247 Time to be counted after rest time ends. . . . . . . . . . . . . . . . . . . . 289 248 Time to be counted by reference to time zone of driver's base . . 290 Division 2 Standard work and rest arrangements 249 Standard hours. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 291 250 Operating under standard hours--solo drivers. . . . . . . . . . . . . . . 291 251 Operating under standard hours--two-up drivers . . . . . . . . . . . . 292 252 Defence relating to short rest breaks for drivers operating under standard hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 293 Division 3 BFM work and rest arrangements 253 BFM hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 294 254 Operating under BFM hours--solo drivers . . . . . . . . . . . . . . . . . . 294 255 Defence for solo drivers operating under BFM hours relating to split rest breaks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 295 256 Operating under BFM hours--two-up drivers. . . . . . . . . . . . . . . . 295 Division 4 AFM work and rest arrangements 257 AFM hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 296 258 Operating under AFM hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 296 Division 5 Arrangements under work and rest hours exemption 259 Exemption hours. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 297 260 Operating under exemption hours . . . . . . . . . . . . . . . . . . . . . . . . 297 Page 13

Heavy Vehicle National Law Amendment Bill 2012 Contents Division 6 Extended liability 261 Liability of employer etc. for driver's contravention of maximum work requirement or minimum rest requirement. . . . . . . . . . . . . . 298 Division 7 Changing work and rest hours option 262 Changing work and rest hours option. . . . . . . . . . . . . . . . . . . . . . 300 263 Operating under new work and rest hours option after change . . 300 264 Duty of employer, prime contractor, operator and scheduler to ensure driver compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302 Division 8 Exemptions relating to work times and rest times Subdivision 1 Exemption for emergency services 265 Emergency services exemption . . . . . . . . . . . . . . . . . . . . . . . . . . 303 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 . . 304 267 Restriction on grant of work and rest hours exemption (notice) . . 304 268 Conditions of work and rest hours exemption (notice) . . . . . . . . . 306 269 Period for which work and rest hours exemption (notice) applies 306 270 Requirements about Commonwealth Gazette notice . . . . . . . . . . 306 271 Amendment or cancellation of work and rest hours exemption (notice) ........................................ 307 272 Immediate suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 309 Subdivision 3 Exemptions by permit 273 Regulator's power to exempt drivers from particular maximum work requirements and minimum rest requirements . . . . . . . . . . 310 274 Application for work and rest hours exemption (permit) . . . . . . . . 310 275 Restriction on grant of work and rest hours exemption (permit). . 312 276 Conditions of work and rest hours exemption (permit) . . . . . . . . . 313 277 Period for which work and rest hours exemption (permit) applies 313 278 Permit for work and rest hours exemption (permit) etc. . . . . . . . . 313 279 Refusal of application for work and rest hours exemption (permit) 314 280 Amendment or cancellation of work and rest hours exemption (permit) on application by permit holder . . . . . . . . . . . . . . . . . . . . 315 281 Amendment or cancellation of work and rest hours exemption (permit) on Regulator's initiative . . . . . . . . . . . . . . . . . . . . . . . . . . 316 282 Immediate suspension of work and rest hours exemption (permit) 317 283 Minor amendment of work and rest hours exemption (permit) . . . 318 284 Return of permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 318 285 Replacement of defaced etc. permit. . . . . . . . . . . . . . . . . . . . . . . 319 Page 14

Heavy Vehicle National Law Amendment Bill 2012 Contents Subdivision 4 Offences relating to operating under work and rest hours exemption etc. 286 Contravening condition of work and rest hours exemption. . . . . . 319 287 Keeping relevant document while operating under work and rest hours exemption (notice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 319 288 Keeping copy of permit while driving under work and rest hours exemption (permit) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 321 Part 6.4 Requirements about record keeping Division 1 Preliminary 289 What is 100km work and 100+km work . . . . . . . . . . . . . . . . . . . . 323 290 What is a driver's record location . . . . . . . . . . . . . . . . . . . . . . . . . 323 Division 2 Work diary requirements Subdivision 1 Requirement to carry work diary 291 Application of Sdiv 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 324 292 Meaning of work diary for Sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . 324 293 Driver of fatigue-regulated heavy vehicle must carry work diary . 325 Subdivision 2 Information required to be included in work diary 294 Purpose of and definition for Sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . 327 295 National regulations for information to be included in work diary . 327 296 Recording information under the national regulations--general . 328 297 Information required to be recorded immediately after starting work ........................................... 328 298 Failing to record information about odometer reading . . . . . . . . . 329 299 Two-up driver to provide details . . . . . . . . . . . . . . . . . . . . . . . . . . 329 Subdivision 3 How information must be recorded in work diary 300 Purpose of Sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 330 301 Recording information in written work diary . . . . . . . . . . . . . . . . . 330 302 Recording information in electronic work diary. . . . . . . . . . . . . . . 331 303 Time zone of driver's base must be used . . . . . . . . . . . . . . . . . . . 331 Subdivision 4 Requirements about work diaries that are filled up etc. 304 Application of Sdiv 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 332 305 Driver must make supplementary records in particular circumstances .................................. 332 306 Driver must notify Regulator if written work diary filled up etc.. . . 334 307 Driver must notify Regulator if electronic work diary filled up etc. 335 308 What driver must do if lost or stolen written work diary found or returned ....................................... 335 Page 15

Heavy Vehicle National Law Amendment Bill 2012 Contents 309 Driver must notify record keeper if electronic work diary filled up etc. ........................................... 336 310 Intelligent access reporting entity must notify record keeper if approved electronic recording system malfunctioning . . . . . . . . . 336 311 What record keeper must do if electronic work diary filled up . . . 337 312 What record keeper must do if electronic work diary destroyed, lost or stolen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 338 313 What record keeper must do if electronic work diary not in working order or malfunctioning . . . . . . . . . . . . . . . . . . . . . . . . . . 339 Subdivision 5 Use of electronic work diaries 314 How electronic work diary must be used . . . . . . . . . . . . . . . . . . . 341 Subdivision 6 Extended liability 315 Liability of employer etc. for driver's contravention of particular requirements of this Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . 342 Division 3 Records relating to drivers Subdivision 1 Preliminary 316 Application of Div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 343 317 Who is a driver's record keeper . . . . . . . . . . . . . . . . . . . . . . . . . . 344 Subdivision 2 Record keeping obligations relating to drivers undertaking 100km work under standard hours 318 Application of Sdiv 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 344 319 Records record keeper must have . . . . . . . . . . . . . . . . . . . . . . . . 344 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 346 321 Records record keeper must have . . . . . . . . . . . . . . . . . . . . . . . . 346 322 General requirements about driver giving information to record keeper ........................................ 349 323 Requirements about driver giving information to record keeper if driver changes record keeper. . . . . . . . . . . . . . . . . . . . . . . . . . . . 350 324 Record keeper must give printouts of information from electronic work diary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 351 Division 4 Provisions about false representations relating to work records 325 False or misleading entries. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 352 326 Keeping 2 work diaries simultaneously prohibited . . . . . . . . . . . . 352 327 Possession of purported work records etc. prohibited . . . . . . . . . 353 328 False representation about work records prohibited . . . . . . . . . . 353 Page 16

Heavy Vehicle National Law Amendment Bill 2012 Contents Division 5 Interfering with work records Subdivision 1 Work records generally 329 Defacing or changing work records etc. prohibited . . . . . . . . . . . 354 330 Making entries in someone else's work records prohibited . . . . . 354 331 Destruction of particular work records prohibited. . . . . . . . . . . . . 355 332 Offence to remove pages from written work diary . . . . . . . . . . . . 355 Subdivision 2 Approved electronic recording systems 333 Application of Sdiv 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 355 334 Meaning of tamper . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356 335 Person must not tamper with approved electronic recording system ...................................... 356 336 Person using approved electronic recording system must not permit tampering with it . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 357 337 Intelligent access reporting entity must not permit tampering with approved electronic recording system . . . . . . . . . . . . . . . . . . . . . 358 Division 6 Obtaining written work diary 338 Form of written work diary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 358 339 Application for written work diary . . . . . . . . . . . . . . . . . . . . . . . . . 359 340 Issue of written work diary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 360 Division 6A Requirements about records record keeper must make or keep 341 Period for which, and way in which, records must be kept . . . . . . 360 Division 7 Approval of electronic recording systems Subdivision 1 Approval of electronic recording systems 342 Application for approval of electronic recording system . . . . . . . . 362 343 Deciding application for approval . . . . . . . . . . . . . . . . . . . . . . . . . 362 344 Steps after decision to grant approval . . . . . . . . . . . . . . . . . . . . . 364 345 Steps after decision to refuse application. . . . . . . . . . . . . . . . . . . 365 346 Effect of approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 365 Subdivision 2 Provisions about electronic work diary labels 347 Placing electronic work diary label on device. . . . . . . . . . . . . . . . 365 348 Particular label indicates device is an approved electronic recording system . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 366 349 Effect of electronic work diary label on device . . . . . . . . . . . . . . . 366 350 Prohibition on using device as electronic work diary if it is not, and is not a part of, an approved electronic recording system . . . 367 Subdivision 3 Amendment or cancellation of approval 351 Amendment or cancellation of approval on application . . . . . . . . 368 Page 17

Heavy Vehicle National Law Amendment Bill 2012 Contents 352 Amendment or cancellation of approval on Regulator's initiative . 369 353 Minor amendment of approval . . . . . . . . . . . . . . . . . . . . . . . . . . . 370 354 Requirements if approval amended . . . . . . . . . . . . . . . . . . . . . . . 371 355 Requirements if approval cancelled . . . . . . . . . . . . . . . . . . . . . . . 372 Division 8 Exemptions from work diary requirements of Division 2 Subdivision 1 Exemption for emergency services 356 Emergency services exemption . . . . . . . . . . . . . . . . . . . . . . . . . . 374 Subdivision 2 Exemptions by Commonwealth Gazette notice 357 Regulator's power to exempt particular drivers from work diary requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 376 358 Restriction on grant of work diary exemption (notice) . . . . . . . . . 376 359 Conditions of work diary exemption (notice). . . . . . . . . . . . . . . . . 376 360 Period for which work diary exemption (notice) applies . . . . . . . . 377 361 Requirements about Commonwealth Gazette notice . . . . . . . . . . 377 362 Amendment or cancellation of work diary exemption (notice) . . . 378 Subdivision 3 Exemptions by permit 363 Regulator's power to exempt driver of fatigue-regulated heavy vehicle from work diary requirement . . . . . . . . . . . . . . . . . . . . . . 380 364 Application for work diary exemption (permit) . . . . . . . . . . . . . . . 380 365 Restriction on grant of work diary exemption (permit) . . . . . . . . . 381 366 Conditions of work diary exemption (permit) . . . . . . . . . . . . . . . . 381 367 Period for which work diary exemption (permit) applies . . . . . . . . 382 368 Permit for work diary exemption (permit) etc.. . . . . . . . . . . . . . . . 382 369 Refusal of application for work diary exemption (permit) . . . . . . . 382 370 Amendment or cancellation of work diary exemption (permit) on application by permit holder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 383 371 Amendment or cancellation of work diary exemption (permit) on Regulator's initiative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 384 372 Minor amendment of work diary exemption (permit) . . . . . . . . . . 386 373 Return of permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 386 374 Replacement of defaced etc. permit. . . . . . . . . . . . . . . . . . . . . . . 386 Subdivision 4 Operating under work diary exemption 375 Contravening condition of work diary exemption . . . . . . . . . . . . . 387 376 Keeping relevant document while operating under work diary exemption (notice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 387 377 Keeping permit or copy while operating under work diary exemption (permit) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 388 Page 18

Heavy Vehicle National Law Amendment Bill 2012 Contents 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 389 379 Conditions of fatigue record keeping exemption (notice) . . . . . . . 389 380 Period for which fatigue record keeping exemption (notice) applies ....................................... 390 381 Requirements about Commonwealth Gazette notice . . . . . . . . . . 390 382 Amendment or cancellation of fatigue record keeping exemption (notice) ...................................... 390 Subdivision 2 Exemptions by permit 383 Regulator's power to exempt record keepers from fatigue record keeping requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 393 384 Application for fatigue record keeping exemption (permit) . . . . . . 393 385 Conditions of fatigue record keeping exemption (permit) . . . . . . . 394 386 Period for which fatigue record keeping exemption (permit) applies ....................................... 395 387 Permit for fatigue record keeping exemption (permit) etc. . . . . . . 395 388 Refusal of application for fatigue record keeping exemption (permit) ........................................ 395 389 Amendment or cancellation of fatigue record keeping exemption (permit) on application by permit holder . . . . . . . . . . . . . . . . . . . . 396 390 Amendment or cancellation of fatigue record keeping exemption (permit) on Regulator's initiative . . . . . . . . . . . . . . . . . . . . . . . . . . 397 391 Minor amendment of fatigue record keeping exemption (permit) . 398 392 Return of permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 399 393 Replacement of defaced etc. permit. . . . . . . . . . . . . . . . . . . . . . . 399 Subdivision 3 Exemptions by national regulations 394 Exemptions from provisions of Division 3. . . . . . . . . . . . . . . . . . . 400 Subdivision 4 Other provisions 395 Contravening condition of fatigue record keeping exemption . . . . 400 Division 9 Requirements about odometers 396 Owner must maintain odometer . . . . . . . . . . . . . . . . . . . . . . . . . . 400 397 Driver must report malfunctioning odometer . . . . . . . . . . . . . . . . 401 398 What owner must do if odometer malfunctioning . . . . . . . . . . . . . 401 399 What employer or operator must do if odometer malfunctioning . 402 Page 19

Heavy Vehicle National Law Amendment Bill 2012 Contents Chapter 7 Intelligent Access Program Part 7.1 Preliminary 400 Main purposes of Ch 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 403 401 What the Intelligent Access Program is . . . . . . . . . . . . . . . . . . . . 404 402 Application of Ch 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 404 403 Definitions for Ch 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 405 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 408 405 Advising vehicle driver of collection of information by intelligent access service provider . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 410 406 Reporting system malfunctions to Regulator . . . . . . . . . . . . . . . . 411 407 Advising driver of driver's obligations about reporting system malfunctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 412 Part 7.3 Obligations of drivers of intelligent access vehicles 408 Reporting system malfunctions to operator . . . . . . . . . . . . . . . . . 413 Part 7.4 Powers, duties and obligations of intelligent access service providers 409 Powers to collect and hold intelligent access information. . . . . . . 414 410 Collecting intelligent access information . . . . . . . . . . . . . . . . . . . 414 411 Keeping records of intelligent access information collected . . . . . 414 412 Protecting intelligent access information . . . . . . . . . . . . . . . . . . . 415 413 Making individuals aware of personal information held . . . . . . . . 415 414 Giving individuals access to their personal information . . . . . . . . 416 415 Correcting errors etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 416 416 General restriction on use and disclosure of intelligent access information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 417 417 Giving intelligent access auditor access to records . . . . . . . . . . . 417 418 Powers to use and disclose intelligent access information. . . . . . 417 419 Keeping record of use or disclosure of intelligent access information .................................... 419 420 Keeping noncompliance report etc. . . . . . . . . . . . . . . . . . . . . . . . 420 421 Destroying intelligent access information etc. . . . . . . . . . . . . . . . 420 422 Reporting relevant contraventions to Regulator . . . . . . . . . . . . . . 421 423 Reporting tampering or suspected tampering with approved intelligent transport system. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 421 424 Restriction on disclosing information about tampering or suspected tampering with approved intelligent transport system. 422 Page 20

Heavy Vehicle National Law Amendment Bill 2012 Contents Part 7.5 Functions, powers, duties and obligations of TCA 425 Functions of TCA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 423 426 Powers to collect and hold intelligent access information. . . . . . . 424 427 Collecting intelligent access information . . . . . . . . . . . . . . . . . . . 424 428 Protecting intelligent access information collected . . . . . . . . . . . . 425 429 Making individuals aware of personal information held . . . . . . . . 425 430 Giving individuals access to their personal information . . . . . . . . 426 431 Correcting errors etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 426 432 General restriction on use and disclosure of intelligent access information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 427 433 Powers to use and disclose intelligent access information. . . . . . 427 434 Restriction about intelligent access information that may be used or disclosed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 428 435 Keeping record of use or disclosure of intelligent access information ..................................... 428 436 Keeping noncompliance reports. . . . . . . . . . . . . . . . . . . . . . . . . . 429 437 Destroying intelligent access information or removing personal information from it. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 429 438 Reporting tampering or suspected tampering with, or malfunction or suspected malfunction of, approved intelligent transport system to Regulator . . . . . . . . . . . . . . . . . . . . . . . . . . . 430 439 Restriction on disclosing information about tampering or suspected tampering with approved intelligent transport system. 430 Part 7.6 Powers, duties and obligations of intelligent access auditors 440 Powers to collect and hold intelligent access information. . . . . . . 431 441 Collecting intelligent access information . . . . . . . . . . . . . . . . . . . 431 442 Protecting intelligent access information collected . . . . . . . . . . . . 432 443 Making individuals aware of personal information held . . . . . . . . 432 444 Giving individuals access to their personal information . . . . . . . . 433 445 Correcting errors etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 433 446 General restriction on use and disclosure of intelligent access information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 434 447 Powers to use and disclose intelligent access information. . . . . . 434 448 Restriction about intelligent access information that may be used or disclosed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 435 449 Keeping record of use or disclosure of intelligent access information .................................... 435 450 Destroying intelligent access information or removing personal information from it. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 436 Page 21

Heavy Vehicle National Law Amendment Bill 2012 Contents 451 Reporting contraventions by intelligent access service providers to TCA ....................................... 436 452 Reporting tampering or suspected tampering with approved intelligent transport system to Regulator or TCA . . . . . . . . . . . . . 437 453 Restriction on disclosing information about tampering or suspected tampering with approved intelligent transport system. 437 Part 7.7 Other provisions 454 Offence to tamper with approved intelligent transport system . . . 438 455 Regulator may issue intelligent access identifiers . . . . . . . . . . . . 439 Chapter 8 Accreditation Part 8.1 Preliminary 456 Purpose of Ch 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 439 457 Definitions for Ch 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 440 Part 8.2 Grant of heavy vehicle accreditation 458 Regulator's power to grant heavy vehicle accreditation . . . . . . . . 444 459 Application for heavy vehicle accreditation. . . . . . . . . . . . . . . . . . 444 460 Obtaining criminal history information about applicant. . . . . . . . . 446 461 Restriction on grant of heavy vehicle accreditation . . . . . . . . . . . 447 462 Conditions of heavy vehicle accreditation . . . . . . . . . . . . . . . . . . 448 463 Period for which heavy vehicle accreditation applies . . . . . . . . . . 449 464 Accreditation certificate for heavy vehicle accreditation etc. . . . . 449 465 Refusal of application for heavy vehicle accreditation . . . . . . . . . 450 466 Accreditation labels for maintenance management accreditation and mass management accreditation . . . . . . . . . . . . . . . . . . . . . 450 Part 8.3 Operating under heavy vehicle accreditation 467 Compliance with conditions of BFM accreditation or AFM accreditation ................................... 451 468 Driver must carry accreditation details . . . . . . . . . . . . . . . . . . . . . 451 469 Driver must return particular documents if stops operating under accreditation etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 453 470 General requirements applying to operator with heavy vehicle accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 453 471 Operator must give notice of amendment, suspension or ending of heavy vehicle accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . 455 Part 8.4 Amendment or cancellation of heavy vehicle accreditation 472 Amendment or cancellation of heavy vehicle accreditation on application .................................... 456 473 Amendment, suspension or cancellation of heavy vehicle accreditation on Regulator's initiative . . . . . . . . . . . . . . . . . . . . . . 457 Page 22

Heavy Vehicle National Law Amendment Bill 2012 Contents 474 Immediate suspension of heavy vehicle accreditation . . . . . . . . . 460 475 Minor amendment of heavy vehicle accreditation . . . . . . . . . . . . 460 Part 8.5 Other provisions about heavy vehicle accreditations 476 Return of accreditation certificate. . . . . . . . . . . . . . . . . . . . . . . . . 461 477 Replacement of defaced etc. accreditation certificate . . . . . . . . . 461 478 Offences relating to auditors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 462 Chapter 9 Enforcement Part 9.1 General matters about authorised officers Division 1 Functions 479 Functions of authorised officers . . . . . . . . . . . . . . . . . . . . . . . . . . 463 Division 2 Appointment 480 Application of Div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 463 481 Appointment and qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . 463 482 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . 464 483 When office ends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 464 484 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 465 Division 3 Identity cards 485 Application of Div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 465 486 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 465 487 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . 465 488 Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 466 Division 4 Miscellaneous provisions 489 References to exercise of powers . . . . . . . . . . . . . . . . . . . . . . . . 466 490 Reference to document includes reference to reproduction from electronic document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 467 491 Use of force against persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . 467 492 Use of force against property . . . . . . . . . . . . . . . . . . . . . . . . . . . . 467 493 Exercise of functions in relation to light vehicles . . . . . . . . . . . . . 468 Part 9.2 Powers in relation to places Division 1 Preliminary 494 Definitions for Pt 9.2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 469 Division 2 Entry of relevant places for monitoring purposes 495 Power to enter relevant place . . . . . . . . . . . . . . . . . . . . . . . . . . . . 470 496 General powers after entering relevant place. . . . . . . . . . . . . . . . 471 Division 3 Entry of places for investigation purposes 497 General power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . . . 472 Page 23

Heavy Vehicle National Law Amendment Bill 2012 Contents 498 Power to enter a place if evidence suspected to be at the place . 474 499 Power to enter particular places if incident involving death, injury or damage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 475 500 General powers after entering a place . . . . . . . . . . . . . . . . . . . . . 476 Division 4 Procedure for entry by consent 501 Application of Div 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 480 502 Incidental entry to ask for access . . . . . . . . . . . . . . . . . . . . . . . . . 480 503 Matters authorised officer must tell occupier . . . . . . . . . . . . . . . . 480 504 Consent acknowledgement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 481 505 Procedure for entry with consent . . . . . . . . . . . . . . . . . . . . . . . . . 482 Division 5 Entry under warrant 506 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 483 507 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 483 508 Application by electronic communication and duplicate warrant . 484 509 Defect in relation to a warrant. . . . . . . . . . . . . . . . . . . . . . . . . . . . 486 510 Procedure for entry under warrant . . . . . . . . . . . . . . . . . . . . . . . . 486 Part 9.3 Powers in relation to heavy vehicles Division 1 Preliminary 511 Application of Pt 9.3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 487 512 Persons who are drivers for this Part . . . . . . . . . . . . . . . . . . . . . . 487 Division 2 Stopping, not moving or not interfering with heavy vehicle etc. 513 Direction to stop heavy vehicle to enable exercise of other powers 488 514 Direction not to move or interfere with heavy vehicle etc. to enable exercise of other powers. . . . . . . . . . . . . . . . . . . . . . . . . . 489 Division 3 Moving heavy vehicle 515 Definition for Div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 489 516 Direction to move heavy vehicle to enable exercise of other powers ......................................... 490 517 Direction to move heavy vehicle if causing harm etc.. . . . . . . . . . 491 518 Moving unattended heavy vehicle on road to exercise another power ......................................... 492 519 Moving unattended heavy vehicle on road if causing harm etc.. . 493 Division 4 Inspecting and searching heavy vehicles 520 Power to enter and inspect heavy vehicles for monitoring purposes ...................................... 494 Page 24

Heavy Vehicle National Law Amendment Bill 2012 Contents 521 Power to enter and search heavy vehicle involved, or suspected to be involved, in an offence etc. . . . . . . . . . . . . . . . . . . . . . . . . . 496 522 Power to order presentation of heavy vehicles for inspection. . . . 498 Division 5 Other powers in relation to all heavy vehicles 523 Starting or stopping heavy vehicle engine . . . . . . . . . . . . . . . . . . 500 524 Direction to leave heavy vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . 501 Division 6 Further powers in relation to heavy vehicles concerning heavy vehicle standards 525 Definitions for Div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 502 526 Issue of vehicle defect notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . 503 527 Requirements about vehicle defect notice . . . . . . . . . . . . . . . . . . 505 528 Defective vehicle labels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 506 529 Using defective heavy vehicles contrary to vehicle defect notice . 507 530 Clearance of vehicle defect notices . . . . . . . . . . . . . . . . . . . . . . . 507 531 Amendment or withdrawal of vehicle defect notices. . . . . . . . . . . 507 Division 7 Further powers in relation to heavy vehicles concerning mass, dimension or loading requirements 532 Application of Div 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 508 533 Powers for minor risk breach of mass, dimension or loading requirement ..................................... 508 534 Powers for substantial risk breach of mass, dimension or loading requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 510 535 Powers for severe risk breach of mass, dimension or loading requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 511 536 Operation of direction in relation to a combination . . . . . . . . . . . . 513 Division 8 Further powers in relation to fatigue-regulated heavy vehicles 537 Application of Div 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 513 538 Requiring driver to rest for contravention of maximum work requirement ...................................... 513 539 Requiring driver to rest for contravention of minimum rest requirement ...................................... 514 540 Requiring driver to stop working if impaired by fatigue. . . . . . . . . 515 541 Requiring driver to stop working if work diary not produced or unreliable ....................................... 516 542 Compliance with requirement under this Division . . . . . . . . . . . . 517 Part 9.4 Other powers Division 1 Powers relating to equipment 543 Power to use equipment to access information . . . . . . . . . . . . . . 518 Page 25

Heavy Vehicle National Law Amendment Bill 2012 Contents 544 Power to use equipment to examine or process a thing. . . . . . . . 518 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 519 546 Seizing evidence at a place that may be entered only with consent or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 520 547 Seizing evidence in a heavy vehicle entered under s 521 . . . . . . 520 548 Additional seizure power relating to information stored electronically ................................... 521 549 Seizing thing or sample taken for examination under s 500 . . . . . 521 550 Seizure of property subject to security . . . . . . . . . . . . . . . . . . . . . 522 551 Seizure of number plates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 522 552 Restriction on power to seize certain things. . . . . . . . . . . . . . . . . 523 Subdivision 2 Powers to support seizure 553 Requirement of person in control of thing to be seized . . . . . . . . 524 Subdivision 3 Safeguards for seized things or samples 554 Receipt for seized thing or sample . . . . . . . . . . . . . . . . . . . . . . . . 524 555 Access to seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 525 556 Return of seized things or samples . . . . . . . . . . . . . . . . . . . . . . . 526 Subdivision 4 Embargo notices 557 Power to issue embargo notice . . . . . . . . . . . . . . . . . . . . . . . . . . 527 558 Noncompliance with embargo notice . . . . . . . . . . . . . . . . . . . . . . 528 559 Power to secure embargoed thing . . . . . . . . . . . . . . . . . . . . . . . . 529 560 Withdrawal of embargo notice . . . . . . . . . . . . . . . . . . . . . . . . . . . 530 Division 3 Forfeiture and transfers 561 Power to forfeit particular things or samples. . . . . . . . . . . . . . . . . 531 562 Information notice for forfeiture decision. . . . . . . . . . . . . . . . . . . . 532 563 Forfeited or transferred thing or sample becomes property of the Regulator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 533 564 How property may be dealt with . . . . . . . . . . . . . . . . . . . . . . . . . . 533 565 Third party protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 534 566 National regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 536 Division 4 Information-gathering powers 567 Power to require name, address and date of birth . . . . . . . . . . . . 536 568 Power to require production of document etc. required to be in driver's possession . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 538 Page 26

Heavy Vehicle National Law Amendment Bill 2012 Contents 569 Power to require production of documents etc. generally. . . . . . . 540 570 Power to require information about heavy vehicles . . . . . . . . . . . 543 Division 5 Improvement notices 571 Authorised officers to whom Division applies . . . . . . . . . . . . . . . . 544 572 Improvement notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 544 573 Contravention of improvement notice . . . . . . . . . . . . . . . . . . . . . . 546 574 Amendment of improvement notice . . . . . . . . . . . . . . . . . . . . . . . 546 575 Revocation of an improvement notice . . . . . . . . . . . . . . . . . . . . . 547 576 Clearance certificate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 547 Division 6 Power to require reasonable help 577 Power to require reasonable help. . . . . . . . . . . . . . . . . . . . . . . . . 548 Part 9.5 Provisions about exercise of powers Division 1 Damage in exercising powers 578 Duty to minimise inconvenience or damage. . . . . . . . . . . . . . . . . 550 579 Restoring damaged thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 551 580 Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 551 Division 2 Compensation 581 Compensation because of exercise of powers . . . . . . . . . . . . . . . 553 Division 3 Provision about exercise of particular powers 582 Duty to record particular information in driver's work diary . . . . . 554 Part 9.6 Miscellaneous provisions Division 1 Powers of Regulator 583 Regulator may exercise powers of authorised officers . . . . . . . . . 554 Division 2 Other offences relating to authorised officers 584 Obstructing authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . . . 555 585 Impersonating authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . 555 Division 3 Other provisions 586 Multiple requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 555 587 Compliance with particular requirements . . . . . . . . . . . . . . . . . . . 556 588 Evidential immunity for individuals complying with particular requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 556 589 Effect of withdrawal of consent to enter under this Chapter . . . . . 557 Chapter 10 Sanctions and provisions about liability for offences Part 10.1 Formal warnings 590 Formal warning. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 557 Page 27

Heavy Vehicle National Law Amendment Bill 2012 Contents Part 10.2 Infringement notices 591 Infringement notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 559 592 Recording information about infringement penalties . . . . . . . . . . 559 Part 10.3 Court sanctions Division 1 General provisions 593 Penalties court may impose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 560 594 Matters court must consider when imposing sanction for noncompliance with mass, dimension or loading requirement . . . 561 595 Court may treat noncompliance with mass, dimension or loading requirement as a different risk category . . . . . . . . . . . . . . . . . . . . 562 Division 2 Provisions about imposing fines 596 Body corporate fines under penalty provision . . . . . . . . . . . . . . . 562 Division 3 Commercial benefits penalty orders 597 Commercial benefits penalty order. . . . . . . . . . . . . . . . . . . . . . . . 563 Division 4 Cancelling or suspending registration 598 Power to cancel or suspend vehicle registration . . . . . . . . . . . . . 564 Division 5 Supervisory intervention orders 599 Application of Div 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 564 600 Court may make supervisory intervention order . . . . . . . . . . . . . 565 601 Limitation on making supervisory intervention order . . . . . . . . . . 566 602 Supervisory intervention order may suspend other sanctions . . . 567 603 Amendment or revocation of supervisory intervention order . . . . 567 604 Contravention of supervisory intervention order. . . . . . . . . . . . . . 567 605 Effect of supervisory intervention order if prohibition order applies to same person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 567 Division 6 Prohibition orders 606 Application of Div 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 568 607 Court may make prohibition order . . . . . . . . . . . . . . . . . . . . . . . . 568 608 Limitation on making prohibition order . . . . . . . . . . . . . . . . . . . . . 568 609 Amendment or revocation of prohibition order . . . . . . . . . . . . . . . 569 610 Contravention of prohibition order . . . . . . . . . . . . . . . . . . . . . . . . 569 Division 7 Compensation orders 611 Court may make compensation order . . . . . . . . . . . . . . . . . . . . . 569 612 Assessment of compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . 570 613 Use of certificates in assessing compensation. . . . . . . . . . . . . . . 571 614 Limits on amount of compensation. . . . . . . . . . . . . . . . . . . . . . . . 572 615 Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 573 Page 28

Heavy Vehicle National Law Amendment Bill 2012 Contents 616 Enforcement of compensation order and costs . . . . . . . . . . . . . . 573 617 Relationship with orders or awards of other courts and tribunals. 573 Part 10.4 Provisions about liability Division 1 Reasonable steps defence 618 Reasonable steps defence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 574 Division 2 Matters relating to reasonable steps 619 Application of Div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 575 620 Matters court may consider for deciding whether person took all reasonable steps--mass, dimension or loading offences . . . . . . 575 621 Reliance on container weight declaration--offences about mass 577 622 Matters court may consider for deciding whether person took all reasonable steps--speeding or fatigue management offences . . 577 623 When particular persons regarded to have taken all reasonable steps--speeding or fatigue management offences . . . . . . . . . . . 579 624 Regulation for s 623 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 581 625 Proof of compliance with registered industry code of practice . . . 581 Division 3 Other defences 626 Definition for Div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 582 627 Defence for owner or operator of vehicle if offence committed while vehicle used by unauthorised person . . . . . . . . . . . . . . . . . 583 628 Defence for driver of vehicle subject to a deficiency. . . . . . . . . . . 583 629 Defence of compliance with direction . . . . . . . . . . . . . . . . . . . . . . 584 630 Sudden or extraordinary emergency . . . . . . . . . . . . . . . . . . . . . . 584 631 Lawful authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 585 Division 4 Other provisions about liability 632 Deciding whether person ought reasonably to have known something ........................................ 585 633 Multiple offenders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 585 634 Multiple offences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 586 635 Responsibility for acts or omissions of representative . . . . . . . . . 586 636 Liability of executive officers of corporation . . . . . . . . . . . . . . . . . 587 637 Treatment of unincorporated partnerships . . . . . . . . . . . . . . . . . . 589 638 Treatment of other unincorporated bodies . . . . . . . . . . . . . . . . . . 590 639 Liability of registered operator . . . . . . . . . . . . . . . . . . . . . . . . . . . 592 Chapter 11 Reviews and appeals Part 11.1 Preliminary 640 Definitions for Ch 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 594 Page 29

Heavy Vehicle National Law Amendment Bill 2012 Contents Part 11.2 Internal review 641 Applying for internal review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 596 642 Stay of reviewable decisions made by Regulator or authorised officer ......................................... 598 643 Referral of applications for review of decisions made by road managers ........................................ 599 644 Internal review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 599 645 Review decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 599 646 Notice of review decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 600 Part 11.3 Appeals 647 Appellable decisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 602 648 Stay of review decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 602 649 Powers of relevant appeal body on appeal. . . . . . . . . . . . . . . . . . 603 650 Effect of decision of relevant appeal body on appeal . . . . . . . . . . 604 Chapter 12 Administration Part 12.1 Responsible Ministers 651 Policy directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 604 652 Referral of matters etc. by responsible Minister . . . . . . . . . . . . . . 604 653 Approved guidelines for exemptions, authorisations, permits and other authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 605 654 Other approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 606 655 How responsible Ministers exercise functions . . . . . . . . . . . . . . . 607 Part 12.2 National Heavy Vehicle Regulator Division 1 Establishment, functions and powers 656 Establishment of National Heavy Vehicle Regulator . . . . . . . . . . 608 657 Status of Regulator. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 609 658 General powers of Regulator . . . . . . . . . . . . . . . . . . . . . . . . . . . . 609 659 Functions of Regulator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 610 660 Cooperation with participating jurisdictions and Commonwealth . 612 661 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 612 Division 2 Governing board of Regulator Subdivision 1 Establishment and functions 662 Establishment of National Heavy Vehicle Regulator Board . . . . . 613 663 Membership of Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 613 664 Functions of Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 614 Subdivision 2 Members 665 Terms of office of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 614 Page 30

Heavy Vehicle National Law Amendment Bill 2012 Contents 666 Remuneration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 615 667 Vacancy in office of member . . . . . . . . . . . . . . . . . . . . . . . . . . . . 615 668 Board member to give responsible Ministers notice of certain events ......................................... 616 669 Extension of term of office during vacancy in membership . . . . . 616 670 Members to act in public interest . . . . . . . . . . . . . . . . . . . . . . . . . 617 671 Disclosure of conflict of interest . . . . . . . . . . . . . . . . . . . . . . . . . . 617 Subdivision 3 Meetings 672 General procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 618 673 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 618 674 Chief executive officer may attend meetings . . . . . . . . . . . . . . . . 618 675 Presiding member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 619 676 Voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 619 677 Minutes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 619 678 First meeting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 620 679 Defects in appointment of members. . . . . . . . . . . . . . . . . . . . . . . 620 Subdivision 4 Committees 680 Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 620 Division 3 Chief executive officer 681 Chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 620 682 Functions of chief executive officer. . . . . . . . . . . . . . . . . . . . . . . . 621 683 Delegation by chief executive officer . . . . . . . . . . . . . . . . . . . . . . 621 Division 4 Staff 684 Staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 621 685 Staff seconded to Regulator. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 622 686 Consultants and contractors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 622 Part 12.3 Miscellaneous Division 1 Finance 687 National Heavy Vehicle Regulator Fund. . . . . . . . . . . . . . . . . . . . 622 688 Payments into Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 622 689 Payments out of Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 624 690 Investment by Regulator. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 624 691 Financial management duties of Regulator . . . . . . . . . . . . . . . . . 624 692 Amounts payable to other entities . . . . . . . . . . . . . . . . . . . . . . . . 625 Division 2 Reporting and planning arrangements 693 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 626 Page 31

Heavy Vehicle National Law Amendment Bill 2012 Contents 694 Other reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 627 695 Corporate plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 627 Division 3 Oversight of the Regulator and Board 696 Application of particular Queensland Acts to this Law . . . . . . . . . 629 Division 4 Provisions relating to persons exercising functions under Law 697 General duties of persons exercising functions under this Law . . 630 698 Protection from personal liability for persons exercising Regulator's or Board's functions under this Law . . . . . . . . . . . . . 631 Chapter 13 General Part 13.1 General offences Division 1 Offence about discrimination or victimisation 699 Discrimination against or victimisation of employees . . . . . . . . . . 632 700 Order for damages or reinstatement . . . . . . . . . . . . . . . . . . . . . . 633 Division 2 Offences about false or misleading information 701 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . 634 702 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . 635 703 False or misleading information given by responsible person to another responsible person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 636 704 Offence to falsely represent that heavy vehicle authority is held etc. ........................................... 637 Part 13.2 Industry codes of practice 705 Guidelines for industry codes of practice . . . . . . . . . . . . . . . . . . . 639 706 Registration of industry codes of practice . . . . . . . . . . . . . . . . . . 639 Part 13.3 Legal proceedings Division 1 Proceedings 707 Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 640 Division 2 Evidence 708 Proof of appointments unnecessary. . . . . . . . . . . . . . . . . . . . . . . 641 709 Proof of signatures unnecessary . . . . . . . . . . . . . . . . . . . . . . . . . 641 710 Averments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 642 711 Evidence by certificate by Regulator generally . . . . . . . . . . . . . . 642 712 Evidence by certificate by road authority . . . . . . . . . . . . . . . . . . . 644 713 Evidence by certificate by Regulator about matters stated in or worked out from records. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 645 714 Evidence by certificate by authorised officer about instruments . 646 715 Challenging evidence by certificate . . . . . . . . . . . . . . . . . . . . . . . 646 Page 32

Heavy Vehicle National Law Amendment Bill 2012 Contents 716 Evidence by record about mass . . . . . . . . . . . . . . . . . . . . . . . . . . 647 717 Manufacturer's statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 647 718 Measurement of weight on tyre . . . . . . . . . . . . . . . . . . . . . . . . . . 648 719 Transport and journey documentation . . . . . . . . . . . . . . . . . . . . . 649 720 Evidence not affected by nature of vehicle . . . . . . . . . . . . . . . . . . 649 721 Certificates of TCA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 650 722 Approved intelligent transport system . . . . . . . . . . . . . . . . . . . . . 650 723 Evidence as to intelligent access map . . . . . . . . . . . . . . . . . . . . . 651 724 Reports and statements made by approved intelligent transport system ........................................ 652 725 Documents produced by an approved electronic recording system ........................................ 653 726 Statement by person involved with use or maintenance of approved electronic recording system . . . . . . . . . . . . . . . . . . . . . 654 Part 13.4 Protected information 727 Definitions for Pt 13.4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 654 728 Duty of confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 657 729 Protected information only to be used for authorised use . . . . . . 657 Part 13.5 National regulations 730 National regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 658 731 National regulations for approved vehicle examiners . . . . . . . . . . 659 732 National regulations for publication of agreements for services to States or Territories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 660 733 Publication of national regulations . . . . . . . . . . . . . . . . . . . . . . . . 660 734 Scrutiny of national regulations . . . . . . . . . . . . . . . . . . . . . . . . . . 661 Part 13.6 Other 735 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 661 736 Penalty at end of provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 662 737 Increase of penalty amounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . 662 738 Service of documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 663 739 Service by post. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 664 740 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 664 741 Recovery of amounts payable under Law . . . . . . . . . . . . . . . . . . 665 742 Contracting out prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 665 743 Other powers not affected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 666 Page 33

Heavy Vehicle National Law Amendment Bill 2012 Contents Chapter 14 Savings and transitional provisions Part 14.1 Interim provisions relating to Ministers and Board 744 Responsible Ministers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 666 745 Exercise of powers by Board between enactment and commencement .................................. 667 Part 14.2 General provisions 746 Application of Part 14.2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 668 747 Definitions for Part 14.2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 669 748 General savings and transitional provision. . . . . . . . . . . . . . . . . . 670 749 Expiry of certain permits, exemptions, notices and authorities . . 671 750 Amendment or cancellation of instruments carried over from former legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 672 751 Expiry of industry codes of practice . . . . . . . . . . . . . . . . . . . . . . . 673 752 Pending matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 673 753 Preservation of current PBS scheme . . . . . . . . . . . . . . . . . . . . . . 674 754 Preservation of contracts for current PBS scheme. . . . . . . . . . . . 674 755 National regulations for savings and transitional matters . . . . . . . 675 Schedule 1 Miscellaneous provisions relating to interpretation . . . . . . . 677 Part 1 Preliminary 1 Displacement of Schedule by contrary intention . . . . . . . . . . . . . 677 Part 2 General 2 Law to be construed not to exceed legislative power of Parliament 677 3 Every section to be a substantive enactment . . . . . . . . . . . . . . . . 678 4 Material that is, and is not, part of this Law . . . . . . . . . . . . . . . . . 678 5 References to particular Acts and to enactments. . . . . . . . . . . . . 678 6 References taken to be included in Law or Act citation etc. . . . . . 679 7 Interpretation best achieving Law's purpose or object . . . . . . . . . 679 8 Use of extrinsic material in interpretation . . . . . . . . . . . . . . . . . . . 679 9 Effect of change of drafting practice . . . . . . . . . . . . . . . . . . . . . . . 681 10 Use of examples. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 681 11 Compliance with forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 682 Part 3 Terms and references 12 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 682 13 Provisions relating to defined terms and gender and number . . . 687 14 Meaning of `may' and `must' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 688 15 Words and expressions used in statutory instruments . . . . . . . . . 688 Page 34

Heavy Vehicle National Law Amendment Bill 2012 Contents 16 Effect of express references to bodies corporate and individuals 688 17 Production of records kept in computers etc. . . . . . . . . . . . . . . . . 689 18 References to this jurisdiction to be implied . . . . . . . . . . . . . . . . . 689 19 References to officers and holders of offices . . . . . . . . . . . . . . . . 689 20 Reference to certain provisions of Law . . . . . . . . . . . . . . . . . . . . 690 21 Reference to provisions of this Law or an Act is inclusive . . . . . . 691 Part 4 Functions and powers 22 Exercise of statutory functions . . . . . . . . . . . . . . . . . . . . . . . . . . . 691 23 Power to make instrument or decision includes power to amend or repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 691 24 Matters for which statutory instruments may make provision. . . . 692 25 Presumption of validity and power to make . . . . . . . . . . . . . . . . . 693 26 Appointments may be made by name or office . . . . . . . . . . . . . . 694 27 Acting appointments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 694 28 Powers of appointment imply certain incidental powers . . . . . . . . 695 29 Delegation of functions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 696 30 Exercise of powers between enactment and commencement . . . 698 Part 5 Distance, time and age 31 Matters relating to distance, time and age . . . . . . . . . . . . . . . . . . 701 Part 6 Effect of repeal, amendment or expiration 32 Time of Law ceasing to have effect . . . . . . . . . . . . . . . . . . . . . . . 702 33 Repealed Law provisions not revived . . . . . . . . . . . . . . . . . . . . . . 702 34 Saving of operation of repealed Law provisions . . . . . . . . . . . . . 702 35 Continuance of repealed provisions . . . . . . . . . . . . . . . . . . . . . . . 703 36 Law and amending Acts to be read as one . . . . . . . . . . . . . . . . . 703 Part 7 Instruments under Law 37 Schedule applies to statutory instruments . . . . . . . . . . . . . . . . . . 703 Part 8 Application to coastal waters 38 Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 704 Schedule 2 Subject matter for conditions of mass or dimension authorities .................................... 705 Schedule 3 Reviewable decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 706 Part 1 Decisions of Regulator Part 2 Decisions of authorised officers Part 3 Decisions of relevant road managers Schedule 4 Provisions specified for liability of executive officers for offences by corporations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 713 Page 35

2012 A Bill for An Act to amend the Heavy Vehicle National Law Act 2012 for particular purposes

Heavy Vehicle National Law Amendment Bill 2012 Part 1 Preliminary [s 1] The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 Clause 1 Short title 3 This Act may be cited as the Heavy Vehicle National Law 4 Amendment Act 2012. 5 Clause 2 Commencement 6 Section 10, to the extent it inserts part 4, divisions 1, 2 and 3, 7 commences on a day to be fixed by proclamation. 8 Note-- 9 See also section 2A of the Heavy Vehicle National Law Act 2012, as 10 inserted by section 4 of this Act, in relation to the commencement in 11 Queensland of provisions of the Heavy Vehicle National Law set out in 12 the Schedule to the Heavy Vehicle National Law Act 2012, as inserted 13 by section 12 of this Act. 14 Part 2 Amendment of Heavy Vehicle 15 National Law Act 2012 16 Clause 3 Act amended 17 This part amends the Heavy Vehicle National Law Act 2012. 18 Clause 4 Insertion of new s 2A 19 After section 2-- 20 insert-- 21 Page 38

Heavy Vehicle National Law Amendment Bill 2012 Part 2 Amendment of Heavy Vehicle National Law Act 2012 [s 5] `2A Special provision about commencement of Heavy Vehicle 1 National Law (Queensland) 2 `(1) The following provisions of the Heavy Vehicle National Law 3 (Queensland), as at the commencement of section 12 of the 4 HVNL Amendment Act, commence on the day that section 5 commences-- 6 (a) Parts 1.1 to 1.3; 7 (b) Chapter 12; 8 (c) sections 705 and 707; 9 (d) Parts 13.4 to 13.6; 10 (e) Part 14.1; 11 (f) section 755; 12 (g) Schedule 1. 13 `(2) The remaining provisions of the Heavy Vehicle National Law 14 (Queensland), as at the commencement of section 12 of the 15 HVNL Amendment Act, commence on a day to be fixed by 16 proclamation. 17 `(3) This section applies despite section 2(1) but does not limit the 18 application of section 2(2) to the provisions of the Heavy 19 Vehicle National Law (Queensland). 20 `(4) In this section-- 21 HVNL Amendment Act means the Heavy Vehicle National 22 Law Amendment Act 2012. 23 Note-- 24 Section 12 of the HVNL Amendment Act replaces the Schedule.'. 25 Clause 5 Amendment of pt 2 (Adoption of Heavy Vehicle National 26 Law) 27 Part 2, after part 2 heading-- 28 insert-- 29 `Note-- 30 Page 39

Heavy Vehicle National Law Amendment Bill 2012 Part 2 Amendment of Heavy Vehicle National Law Act 2012 [s 6] To ensure harmonisation across Australian jurisdictions, the Heavy 1 Vehicle National Law, in the form set out in the Schedule, is intended 2 for adoption by other jurisdictions as well as Queensland. Accordingly, 3 the Heavy Vehicle National Law is not entirely consistent with 4 Queensland's current drafting style.'. 5 Clause 6 Amendment of s 5 (Exclusion of legislation of this 6 jurisdiction) 7 (1) Section 5(1), `to (5)'-- 8 omit, insert-- 9 `to (6)'. 10 (2) Section 5-- 11 insert-- 12 `(3A) The Auditor-General Act 2009 applies to the extent provided 13 for in the national regulations under the Heavy Vehicle 14 National Law. 15 Note-- 16 See the Heavy Vehicle National Law, sections 693 and 730.'. 17 (3) Section 5(4), `section 636'-- 18 omit, insert-- 19 `section 696'. 20 (4) Section 5(6)(a), example, `and 19'-- 21 omit, insert-- 22 `and 36'. 23 (5) Section 5(3A) to (6)-- 24 renumber as section 5(4) to (7). 25 Clause 7 Amendment of s 13 (Police officers who are authorised 26 officers) 27 Section 13, note, `section 18'-- 28 omit, insert-- 29 Page 40

Heavy Vehicle National Law Amendment Bill 2012 Part 2 Amendment of Heavy Vehicle National Law Act 2012 [s 8] `section 35'. 1 Clause 8 Amendment of s 17 (Parliamentary scrutiny of national 2 regulations) 3 Section 17(1)(b), `section 670(1)'-- 4 omit, insert-- 5 `section 733(1)'. 6 Clause 9 Renumbering of ss 18 and 19 7 Sections 18 and 19-- 8 renumber as sections 35 and 36. 9 Clause 10 Insertion of new pt 4, divs 1 to 4 and div 5, hdg 10 Part 4-- 11 insert-- 12 `Division 1 Preliminary 13 `18 Definition 14 `In this part-- 15 the Law means the Heavy Vehicle National Law 16 (Queensland). 17 `Division 2 Requirement for commissioner's 18 consent for mass or dimension 19 exemptions 20 `19 Definitions 21 `In this division-- 22 Page 41

Heavy Vehicle National Law Amendment Bill 2012 Part 2 Amendment of Heavy Vehicle National Law Act 2012 [s 10] commissioner means the police commissioner for this 1 jurisdiction. 2 commissioner's amendment or cancellation decision means 3 a decision of the commissioner-- 4 (a) under section 26, to ask the Regulator to amend or 5 cancel a mass or dimension exemption (notice); or 6 (b) under section 27, to ask the Regulator to amend or 7 cancel a mass or dimension exemption (permit). 8 commissioner's conditional decision see section 23(3). 9 commissioner's refusal decision see section 22(7). 10 critical area means an area of this jurisdiction shown on a 11 relevant map, as in force when a consent mentioned in section 12 20 or 21 is given, as a critical area. 13 critical road means a road in this jurisdiction shown on a 14 relevant map, as in force when a consent mentioned in section 15 20 or 21 is given, as a critical road. 16 non-critical area means this jurisdiction, other than any part 17 of this jurisdiction that is a critical area or critical road. 18 public safety condition means a condition directed at ensuring 19 public safety. 20 relevant map means a map-- 21 (a) developed by the chief executive in relation to the giving 22 of consents as mentioned in sections 20 and 21; and 23 (b) as published on the department's website from time to 24 time. 25 review and appeal information, for a commissioner's 26 conditional decision, a commissioner's refusal decision or a 27 commissioner's amendment or cancellation decision, means 28 the following information-- 29 (a) that, under section 641 of the Law, as applied under this 30 division, a dissatisfied person for the decision may apply 31 to the Regulator to have the decision reviewed; 32 Page 42

Heavy Vehicle National Law Amendment Bill 2012 Part 2 Amendment of Heavy Vehicle National Law Act 2012 [s 10] (b) that, under section 643 of the Law, as applied under this 1 division, the Regulator must refer the application to the 2 commissioner for review; 3 (c) that the decision of the commissioner on the review is 4 not subject to further review or appeal under the Law. 5 `20 Other consents under s 118 of the Law 6 `(1) For section 118(1)(c) of the Law, the consent of the 7 commissioner is required for a mass or dimension exemption 8 (notice). 9 `(2) However, a consent is required under subsection (1) for a 10 mass or dimension exemption (notice) only to the extent the 11 exemption applies to any of the following-- 12 (a) the use of class 1 heavy vehicles, of more than a width 13 or length prescribed under a regulation for this 14 paragraph, in a critical area or on a critical road; 15 (b) the use of class 1 heavy vehicles, of more than a width 16 or length prescribed under a regulation for this 17 paragraph, in the non-critical area. 18 `21 Other consents under s 124 of the Law 19 `(1) For section 124(1)(c) of the Law, the consent of the 20 commissioner is required for a mass or dimension exemption 21 (permit). 22 `(2) However, a consent is required under subsection (1) for a 23 mass or dimension exemption (permit) only to the extent the 24 exemption applies to any of the following-- 25 (a) the use of a class 1 heavy vehicle, of more than a width 26 or length prescribed under a regulation for this 27 paragraph, in a critical area or on a critical road; 28 (b) the use of a class 1 heavy vehicle, of more than a width 29 or length prescribed under a regulation for this 30 paragraph, in the non-critical area. 31 Page 43

Heavy Vehicle National Law Amendment Bill 2012 Part 2 Amendment of Heavy Vehicle National Law Act 2012 [s 10] `22 Deciding request for consent generally 1 `(1) This section applies if the commissioner's consent to the grant 2 of a mass or dimension exemption is required as mentioned in 3 section 20 or 21. 4 `(2) The Regulator must ask the commissioner for the consent. 5 `(3) The commissioner must decide to give or not to give the 6 consent within 28 days after the request is made. 7 `(4) The commissioner may decide not to give the consent only if 8 the commissioner is satisfied-- 9 (a) the mass or dimension exemption will, or is likely to, 10 adversely affect public safety; and 11 (b) it is not possible to grant the exemption subject to 12 conditions that will avoid, or significantly minimise, the 13 adverse effects, or likely adverse effects, on public 14 safety. 15 `(5) Also, in deciding whether or not to give the consent, the 16 commissioner must have regard to the approved guidelines for 17 granting mass or dimension exemptions. 18 `(6) If the commissioner decides not to give consent to the grant of 19 the exemption, the commissioner must give the Regulator 20 written reasons for the commissioner's decision. 21 `(7) A decision of the commissioner not to give consent to the 22 grant of a mass or dimension exemption (permit) is a 23 commissioner's refusal decision. 24 `23 Imposition of conditions 25 `(1) The commissioner may decide to consent to the grant of a 26 mass or dimension exemption subject to a condition that a 27 stated public safety condition is imposed on the exemption. 28 `(2) If the commissioner decides to consent in a way mentioned in 29 subsection (1)-- 30 (a) the commissioner must give the Regulator written 31 reasons for the commissioner's decision to give consent 32 Page 44

Heavy Vehicle National Law Amendment Bill 2012 Part 2 Amendment of Heavy Vehicle National Law Act 2012 [s 10] to the grant of the exemption subject to the imposition of 1 the public safety condition; and 2 (b) the Regulator must impose the public safety condition 3 on the exemption. 4 `(3) A decision of the commissioner to consent to the grant of a 5 mass or dimension exemption (permit) in a way mentioned in 6 subsection (1) is a commissioner's conditional decision. 7 `24 Information notice for decision to refuse application 8 because commissioner did not give consent 9 `(1) This section applies if an application for a mass or dimension 10 exemption (permit) is refused, wholly or partly, because the 11 commissioner has refused to consent to the exemption. 12 `(2) The information notice for the decision to refuse the 13 application given to the applicant under section 128 of the 14 Law must state the following, in addition to any other 15 information required to be included in the information 16 notice-- 17 (a) that the commissioner has refused to consent to the mass 18 or dimension exemption (permit); 19 (b) the written reasons given for the commissioner's refusal 20 decision; 21 (c) the review and appeal information for the 22 commissioner's refusal decision. 23 `25 Information notice for imposition of condition requested 24 by commissioner 25 `(1) This section applies if-- 26 (a) the Regulator grants a mass or dimension exemption 27 (permit) to a person; and 28 (b) the exemption is subject to a public safety condition 29 required by the commissioner under section 23. 30 Page 45

Heavy Vehicle National Law Amendment Bill 2012 Part 2 Amendment of Heavy Vehicle National Law Act 2012 [s 10] `(2) If the Regulator is not otherwise required under section 1 127(1)(b) of the Law to give the person an information notice, 2 the Regulator must nevertheless give the person an 3 information notice for the commissioner's conditional 4 decision. 5 `(3) If the Regulator is required under section 127(1)(b) to give the 6 person an information notice, the information notice must also 7 apply to the commissioner's conditional decision. 8 `(4) The information notice, to the extent it applies to the 9 commissioner's conditional decision, must state the 10 following-- 11 (a) that the commissioner consented to the mass or 12 dimension exemption (permit) on the condition that the 13 public safety condition is imposed on the exemption; 14 (b) the written reasons given for the commissioner's 15 conditional decision; 16 (c) the review and appeal information for the 17 commissioner's conditional decision. 18 `26 Amendment or cancellation of mass or dimension 19 exemption (notice) on request by commissioner 20 `(1) This section applies if the commissioner is satisfied that the 21 use of heavy vehicles on a road under a mass or dimension 22 exemption (notice) for which the commissioner's consent was 23 given has adversely affected, or is likely to adversely affect, 24 public safety. 25 `(2) The commissioner may ask the Regulator to-- 26 (a) amend the mass or dimension exemption (notice), 27 including, for example, by-- 28 (i) amending the areas or routes to which the 29 exemption applies; or 30 (ii) amending the days or hours to which the 31 exemption applies; or 32 (iii) imposing or amending public safety conditions; or 33 Page 46

Heavy Vehicle National Law Amendment Bill 2012 Part 2 Amendment of Heavy Vehicle National Law Act 2012 [s 10] (b) cancel the exemption to the extent that, wholly or partly, 1 the exemption has effect in this jurisdiction. 2 `(3) The Regulator must comply with the request. 3 `(4) Notice of the amendment or cancellation must be published-- 4 (a) in-- 5 (i) the Commonwealth Gazette; and 6 (ii) a newspaper circulating generally throughout 7 Queensland; and 8 (b) on the Regulator's website; and 9 (c) in any other newspaper the Regulator considers 10 appropriate. 11 `(5) The amendment or cancellation takes effect-- 12 (a) 28 days after the Commonwealth Gazette notice is 13 published under subsection (4); or 14 (b) if a later time is stated in the Commonwealth Gazette 15 notice, at the later time. 16 `27 Amendment or cancellation of mass or dimension 17 exemption (permit) on request by commissioner 18 `(1) This section applies if the commissioner is satisfied that the 19 use of heavy vehicles on a road under a mass or dimension 20 exemption (permit) for which the commissioner's consent was 21 given has adversely affected, or is likely to adversely affect, 22 public safety. 23 `(2) The commissioner may ask the Regulator to-- 24 (a) amend the mass or dimension exemption (permit), 25 including, for example, by-- 26 (i) amending the areas or routes to which the 27 exemption applies; or 28 (ii) amending the days or hours to which the 29 exemption applies; or 30 (iii) imposing or amending public safety conditions; or 31 Page 47

Heavy Vehicle National Law Amendment Bill 2012 Part 2 Amendment of Heavy Vehicle National Law Act 2012 [s 10] (b) cancel the exemption to the extent that, wholly or partly, 1 the exemption has effect in this jurisdiction. 2 `(3) The Regulator must comply with the request. 3 `(4) If the mass or dimension exemption (permit) is amended or 4 cancelled under this section, the Regulator must give the 5 holder of the exemption notice of the amendment or 6 cancellation at least 28 days before the amendment or 7 cancellation is to take effect. 8 `(5) The notice given to the holder must state-- 9 (a) the day the amendment or cancellation is to take effect; 10 and 11 (b) the reasons given by the commissioner for the 12 amendment or cancellation; and 13 (c) the review and appeal information for the 14 commissioner's decision. 15 `28 Reviewable decisions 16 `Each of the following is taken to be a reviewable decision for 17 Chapter 11 of the Law-- 18 (a) a commissioner's refusal decision; 19 (b) a commissioner's conditional decision. 20 (c) a commissioner's amendment or cancellation decision. 21 `29 Applying review and appeal provisions of the Law 22 `(1) This section makes special provision about how the Law 23 applies in relation to a commissioner's refusal decision, a 24 commissioner's conditional decision or a commissioner's 25 amendment or cancellation decision (the commissioner's 26 decision). 27 `(2) For applying section 641 of the Law to the commissioner's 28 decision, a dissatisfied person includes-- 29 Page 48

Heavy Vehicle National Law Amendment Bill 2012 Part 2 Amendment of Heavy Vehicle National Law Act 2012 [s 10] (a) for a commissioner's refusal decision or a 1 commissioner's conditional decision--the applicant for 2 the mass or dimension exemption (permit) the subject of 3 the decision; and 4 (b) for a commissioner's amendment or cancellation 5 decision-- 6 (i) if a mass or dimension exemption (notice) is the 7 subject of the decision--a person adversely 8 affected by the decision; or 9 (ii) if a mass or dimension exemption (permit) is the 10 subject of the decision--the person to whom the 11 exemption was granted. 12 `(3) Section 642 of the Law does not apply in relation to the 13 commissioner's decision. 14 `(4) For applying sections 643 to 646 of the Law, a reference to a 15 road manager for a road, or to a road manager, is taken to 16 include a reference to the commissioner. 17 `(5) The review decision for the commissioner's decision can not 18 be the subject of an appeal under Part 11.3 of the Law. 19 `(6) Without limiting subsection (5)-- 20 (a) references to an appeal in section 645 of the Law may be 21 ignored; and 22 (b) section 646(2) of the Law applies only to the extent of 23 section 646(2)(a) and (b). 24 `Division 3 Additional evidentiary provisions 25 `30 Additional Regulator certificates 26 `(1) A certificate purporting to be issued by the Regulator and 27 stating that, at a stated time or during a stated period or by a 28 stated day-- 29 (a) a stated thing was the property of the Regulator; or 30 Page 49

Heavy Vehicle National Law Amendment Bill 2012 Part 2 Amendment of Heavy Vehicle National Law Act 2012 [s 10] (b) a stated sign was or was not an official traffic sign, 1 contained stated words or was on a stated place; or 2 (c) a stated vehicle was or was not inspected under the Law; 3 or 4 (d) a stated vehicle was or was not inspected in compliance 5 with a stated requirement made by an authorised officer; 6 or 7 (e) an inspection of a stated vehicle under the Law gave 8 stated results; or 9 (f) a stated application, or another stated document required 10 to be lodged under the Law, was or was not received by 11 the Regulator; or 12 (g) a stated report or stated information required to be given 13 to the Regulator under the Law was received or was not 14 received by the Regulator; or 15 (h) no report or information of a stated type, required to be 16 given to the Regulator under the Law, was received by 17 the Regulator; or 18 (i) a stated vehicle was or was not of a stated type, or was 19 carrying stated goods; or 20 (j) a stated heavy vehicle was or was not, whether generally 21 or for the purposes of stated circumstances, insured in 22 accordance with the requirements of any third party 23 insurance legislation applying to the vehicle; or 24 (k) a stated copy of a document was a copy of a document 25 issued, or required to be kept, under the Law; or 26 (l) a stated document was a manufacturer's specification 27 for a stated type of vehicle; 28 is evidence of the matter. 29 `(2) Subsection (1) does not limit section 711 of the Law. 30 `(3) Section 715 of the Law applies to a matter mentioned in 31 subsection (1)(a) to (l) as if the matter was stated in a 32 certificate under section 711 of the Law. 33 Page 50

Heavy Vehicle National Law Amendment Bill 2012 Part 2 Amendment of Heavy Vehicle National Law Act 2012 [s 10] `31 Additional road authority certificates 1 `(1) A certificate purporting to be issued by the entity that, under 2 section 11, is the road authority for this jurisdiction, and 3 stating that, at a stated time or during a stated period-- 4 (a) stated particulars existed in relation to a stated 5 conviction, disqualification, suspension, cancellation, 6 licence or other stated matter under a transport Act or a 7 corresponding law to a transport Act; or 8 (b) a stated copy of a document was a copy of a document 9 issued, or required to be kept, under a transport Act or a 10 corresponding law to a transport Act; or 11 (c) a stated entity was a corresponding authority; or 12 (d) a stated vehicle was or was not inspected under a 13 transport Act; or 14 (e) an inspection of a stated vehicle under a transport Act 15 gave stated results; 16 is evidence of the matter. 17 `(2) Subsection (1) does not limit section 712 of the Law. 18 `(3) Section 715 of the Law applies to a matter mentioned in 19 subsection (1)(a) to (e) as if the matter was stated in a 20 certificate under section 712 of the Law. 21 `(4) In this section-- 22 corresponding authority see the Transport Operations (Road 23 Use Management) Act 1995, schedule 4. 24 corresponding law see the Transport Operations (Road Use 25 Management) Act 1995, schedule 4. 26 transport Act see the Transport Operations (Road Use 27 Management) Act 1995, schedule 4. 28 `32 Evidence of contents of document examined by 29 authorised officer 30 `Evidence by an authorised officer of the contents of a 31 document issued, or required to be kept, under the Law, that 32 Page 51

Heavy Vehicle National Law Amendment Bill 2012 Part 2 Amendment of Heavy Vehicle National Law Act 2012 [s 10] was examined by the officer while it was in someone else's 1 possession, may be given by the officer without the document 2 being produced. 3 Example-- 4 An authorised officer who examines a driver's work diary may return 5 the work diary to the driver to enable the driver to continue driving. The 6 officer may give evidence of the contents of the work diary without 7 producing it. 8 `33 Averments 9 `(1) In a proceeding for an offence against the Law, a statement in 10 the complaint for the offence that-- 11 (a) at a stated time or during a stated period-- 12 (i) a stated person was or was not the holder of a 13 driver licence under the Transport Operations 14 (Road Use Management) Act 1995 of any 15 particular class or type; or 16 (ii) a stated person was or was not the holder of a 17 driver licence under the Transport Operations 18 (Road Use Management) Act 1995 authorising the 19 holder to drive a motor vehicle on a stated road; or 20 (b) any distance mentioned in the complaint is or was a 21 stated distance or is or was greater or less than a stated 22 distance; 23 is evidence of the matter. 24 `(2) Section 715 of the Law applies to the matter mentioned in 25 subsection (1)(b) as if the matter were a matter stated in a 26 certificate to which the section applies. 27 Page 52

Heavy Vehicle National Law Amendment Bill 2012 Part 2 Amendment of Heavy Vehicle National Law Act 2012 [s 11] `Division 4 Special provisions about Regulator 1 `34 Declarations about industrial relations status of 2 Regulator 3 `(1) It is declared that -- 4 (a) the Regulator is not a public sector employer for the 5 purposes of the Fair Work (Commonwealth Powers) and 6 Other Provisions Act 2009; and 7 (b) it is the intention of the Parliament that the Regulator be 8 a national system employer for the purposes of the Fair 9 Work Act 2009 (Cwlth). 10 `(2) No Act of Queensland can have effect to stop the Regulator 11 from being a national system employer for the purposes of the 12 Fair Work Act 2009 (Cwlth). 13 `Division 5 Other specific provisions'. 14 Clause 11 Insertion of new pts 5 and 6 15 After section 36, as renumbered by this Act-- 16 insert-- 17 `Part 5 Miscellaneous 18 `37 Regulation-making power 19 `The Governor in Council may make regulations under the 20 local application provisions of this Act. 21 Page 53

Heavy Vehicle National Law Amendment Bill 2012 Part 2 Amendment of Heavy Vehicle National Law Act 2012 [s 11] `Part 6 Savings and transitional 1 provisions 2 `38 Savings provision for Regulator 3 `(1) This section has effect for the purposes of-- 4 (a) the commencement, on 12 October 2012, of Chapters 12 5 and 14 of the original HVNL(Q); and 6 (b) the commencement, after 12 October 2012, of Chapter 7 12 and Part 14.1 of the new HVNL(Q). 8 `(2) Anything done under Chapter 12 or 14 of the original 9 HVNL(Q) and still in effect immediately before the relevant 10 commencement continues to have effect after the relevant 11 commencement and may, if the circumstances permit, be 12 taken to have been done under Chapter 12 or Part 14.1 of the 13 new HVNL(Q). 14 `(3) Without limiting subsection (2), the following things continue 15 to have effect after the relevant commencement-- 16 (a) establishment of the Regulator under the original 17 HVNL(Q); 18 (b) appointment of members of the Board as in office 19 immediately before the relevant commencement; 20 (c) appointment of the chief executive officer by the Board; 21 (d) decisions of the Board still in force immediately before 22 the relevant commencement; 23 (e) actions taken by the Regulator still in effect immediately 24 before the relevant commencement; 25 (f) agreements entered into by the Regulator and still in 26 force immediately before the relevant commencement. 27 `(4) In this section-- 28 new HVNL(Q) means the Heavy Vehicle National Law 29 (Queensland) as at the commencement of this section. 30 Page 54

Heavy Vehicle National Law Amendment Bill 2012 [s 12] original HVNL(Q) means the Heavy Vehicle National Law 1 (Queensland) as at 12 October 2012. 2 relevant commencement means the commencement of 3 Chapter 12 of the new HVNL(Q).'. 4 Clause 12 Replacement of Schedule (Heavy Vehicle National Law) 5 Schedule-- 6 omit, insert-- 7 `Schedule Heavy Vehicle National Law 8 section 4 9 Chapter 1 Preliminary 10 Part 1.1 Introductory matters 11 1 Short title 12 This Law may be cited as the Heavy Vehicle National Law. 13 2 Commencement 14 This Law commences in a participating jurisdiction as 15 provided by the Act of that jurisdiction that applies this Law 16 as a law of that jurisdiction. 17 3 Object of Law 18 The object of this Law is to establish a national scheme for 19 facilitating and regulating the use of heavy vehicles on roads 20 in a way that-- 21 (a) promotes public safety; and 22 Page 55

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (b) manages the impact of heavy vehicles on the 1 environment, road infrastructure and public amenity; 2 and 3 (c) promotes industry productivity and efficiency in the 4 road transport of goods and passengers by heavy 5 vehicles; and 6 (d) encourages and promotes productive, efficient, 7 innovative and safe business practices. 8 4 Regulatory framework to achieve object 9 The object of this Law is to be achieved by a regulatory 10 framework that-- 11 (a) establishes an entity (the National Heavy Vehicle 12 Regulator) with functions directed at ensuring the object 13 is achieved; and 14 (b) provides for the national registration of heavy vehicles; 15 and 16 (c) prescribes requirements about the following-- 17 (i) the standards heavy vehicles must meet when on 18 roads; 19 (ii) the maximum permissible mass and dimensions of 20 heavy vehicles used on roads; 21 (iii) securing and restraining loads on heavy vehicles 22 used on roads; 23 (iv) preventing drivers of heavy vehicles exceeding 24 speed limits; 25 (v) preventing drivers of heavy vehicles from driving 26 while fatigued; and 27 (d) imposes duties and obligations directed at ensuring 28 heavy vehicles and drivers of heavy vehicles comply 29 with requirements mentioned in paragraph (c)(i) to (v) 30 on persons whose activities may influence whether the 31 vehicles or drivers comply with the requirements; and 32 Page 56

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (e) includes measures directed at the matters mentioned in 1 section 3(c) and (d) by allowing improved access to 2 roads in certain circumstances, including by-- 3 (i) allowing heavy vehicles, that would otherwise be 4 prevented from being used on roads, access to the 5 roads through exemptions or authorisations 6 granted in circumstances in which the matters 7 mentioned in section 3(a) and (b) will not be 8 compromised; and 9 (ii) providing for accreditation schemes allowing 10 operators of heavy vehicles who adopt best 11 practices directed at the matters mentioned in 12 section 3 to be subject to alternative requirements 13 more suited to the operators' business operations. 14 Part 1.2 Interpretation 15 5 Definitions 16 In this Law-- 17 100km work, for the purposes of Chapter 6, has the meaning 18 given by section 289(1). 19 100+km work, for the purposes of Chapter 6, has the meaning 20 given by section 289(2). 21 accreditation certificate means-- 22 (a) for a heavy vehicle accreditation granted under this 23 Law--the accreditation certificate given for the 24 accreditation under section 464; or 25 (b) for a heavy vehicle accreditation granted under another 26 law of a participating jurisdiction--the certificate of 27 accreditation (however called) issued for the 28 accreditation under that law. 29 ADR means a national standard under section 7 of the Motor 30 Vehicle Standards Act 1989 of the Commonwealth. 31 Page 57

Heavy Vehicle National Law Amendment Bill 2012 [s 12] AFM accreditation means-- 1 (a) accreditation under this Law of a kind mentioned in 2 section 458(d); or 3 (b) accreditation of a similar kind under another law of a 4 participating jurisdiction. 5 AFM fatigue management system, for the purposes of 6 Chapters 6 and 8, has the meaning given by section 457. 7 AFM hours, for the purposes of Chapters 6 and 8, has the 8 meaning given by section 257. 9 AFM standards and business rules, for the purposes of 10 Chapter 8, has the meaning given by section 457. 11 agricultural implement means a vehicle without its own 12 automotive power, built to perform agricultural tasks, and 13 includes an agricultural trailer. 14 Examples-- 15 � Example text 16 � auger 17 � conveyor 18 � field bin 19 � harvester front 20 � irrigating equipment or machinery 21 agricultural machine means a vehicle with its own 22 automotive power, built to perform agricultural tasks. 23 Examples-- 24 harvester, tractor 25 agricultural task means a task carried out in agriculture. 26 Examples of an agricultural task-- 27 � cultivating land 28 � growing and harvesting crops 29 � rearing livestock 30 agricultural trailer means a trailer that is designed to carry a 31 load and used exclusively to perform agricultural tasks, but 32 does not include a semitrailer. 33 Page 58

Heavy Vehicle National Law Amendment Bill 2012 [s 12] agricultural vehicle means an agricultural implement or 1 agricultural machine. 2 Application Act, of this jurisdiction, means the Act of this 3 jurisdiction by which this Law applies as a law of this 4 jurisdiction. 5 appropriately qualified, for a function, includes having the 6 qualifications, experience or standing appropriate to exercise 7 the function. 8 Example of standing-- 9 a person's classification level or position in the public service or a 10 government agency of a participating jurisdiction 11 approved, by the responsible Ministers, for the purposes of 12 Chapter 8, has the meaning given by section 457. 13 approved auditor, for the purposes of Chapter 8, has the 14 meaning given by section 457. 15 approved electronic recording system has the meaning given 16 by section 221. 17 approved form means a form approved by the Regulator 18 under section 735. 19 approved guidelines means guidelines approved by the 20 responsible Ministers under section 653. 21 approved intelligent transport system has the meaning given 22 by section 403. 23 approved sleeper berth, for the purposes of Chapter 6, has the 24 meaning given by section 221. 25 approved vehicle examiner means a person approved as a 26 vehicle examiner under the national regulations (as referred to 27 in section 731). 28 articulated bus means a bus with 2 or more rigid sections 29 connected to one another in a way that allows-- 30 (a) passenger access between the sections; and 31 (b) rotary movement between the sections. 32 AS means an Australian standard made or published by 33 Standards Australia. 34 Page 59

Heavy Vehicle National Law Amendment Bill 2012 [s 12] associate, of a person, means-- 1 (a) if the person is an individual-- 2 (i) the individual's spouse or de facto partner; or 3 (ii) a relative of the individual, whether by blood, 4 spousal relationship or adoption; or 5 (iii) an employee of the individual; or 6 (iv) an employee of a corporation of which the 7 individual is an executive officer; or 8 (v) a partner of the individual; or 9 (vi) a corporation of which the individual is an 10 executive officer; or 11 (vii) a corporation in which the individual holds a 12 controlling interest; or 13 (viii) a person who is a trustee of a trust of which the 14 individual is a trustee or beneficiary; or 15 (ix) a person who is a beneficiary of a trust of which 16 the individual is a trustee or beneficiary; or 17 (x) a person who is accustomed or under an obligation, 18 whether formal or informal, to act in accordance 19 with the directions, instructions or wishes of the 20 individual; or 21 (xi) a person who is an associate of someone who is an 22 associate of the individual; or 23 (b) if the person is a corporation-- 24 (i) an executive officer of the corporation; or 25 (ii) an associate of an executive officer of the 26 corporation; or 27 (iii) an employee of the corporation; or 28 (iv) a person who holds a controlling interest in the 29 corporation; or 30 Page 60

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (v) a related body corporate, within the meaning of the 1 Corporations Act 2001 of the Commonwealth, of 2 the corporation; or 3 (vi) a person who is an associate of someone who is an 4 associate of the corporation. 5 ATM (aggregate trailer mass), of a heavy trailer, means the 6 total maximum mass of the trailer, as stated by the 7 manufacturer, together with its load and the mass imposed on 8 the towing vehicle by the trailer when the towing vehicle and 9 trailer are on a horizontal surface. 10 Australian Accounting Standards means Accounting 11 Standards issued by the Australian Accounting Standards 12 Board. 13 Australian road law means-- 14 (a) this Law; or 15 (b) another law of a State or Territory that regulates the use 16 of vehicles on roads. 17 authorised officer means-- 18 (a) a police officer declared by a law of a participating 19 jurisdiction to be an authorised officer for the purposes 20 of this Law; or 21 (b) a person who holds office under this Law as an 22 authorised officer. 23 authorised use, for the purposes of Part 13.4, has the meaning 24 given by section 727. 25 authorised warrant official, for a participating jurisdiction, 26 means an entity that is declared by a law of that jurisdiction to 27 be an authorised warrant official for that jurisdiction for the 28 purposes of this Law. 29 axle means 1 or more shafts positioned in a line across a 30 vehicle, on which 1 or more wheels intended to support the 31 vehicle turn. 32 axle group means a tandem axle group, twinsteer axle group, 33 tri-axle group or quad-axle group. 34 Page 61

Heavy Vehicle National Law Amendment Bill 2012 [s 12] base, of the driver of a heavy vehicle-- 1 1 The base of the driver of a heavy vehicle, in relation to 2 particular work-- 3 (a) is the place from which the driver normally does 4 the work; but 5 (b) is, for the purposes of Chapter 6, the garage 6 address of the vehicle if-- 7 (i) the vehicle is a fatigue-regulated heavy 8 vehicle; and 9 (ii) the driver is required under Part 6.4, in 10 relation to that particular work, to keep a 11 work diary and to record the location of the 12 driver's base in the work diary, and has not 13 done so. 14 Note-- 15 The driver of a fatigue-regulated heavy vehicle may not be 16 required under Part 6.4, in relation to particular work, to 17 keep a work diary and to record the location of the driver's 18 base in the work diary, if, for example-- 19 � the driver is undertaking 100km work under standard 20 hours 21 � the driver is working under a work diary exemption 22 2 For a driver who is a self-employed driver and an 23 employed driver at different times, the driver may have 24 one base as a self-employed driver under paragraph 1 25 and another base as an employed driver under that 26 paragraph. 27 3 For a driver who has 2 or more employers, the driver 28 may have a different base in relation to each employer 29 under paragraph 1. 30 B-double means a combination consisting of a prime mover 31 towing 2 semitrailers, with the first semitrailer being attached 32 directly to the prime mover by a fifth wheel coupling and the 33 second semitrailer being mounted on the rear of the first 34 semitrailer by a fifth wheel coupling on the first semitrailer. 35 Page 62

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 1 Typical B-double 2 BFM accreditation means-- 3 (a) accreditation under this Law of a kind mentioned in 4 section 458(c); or 5 (b) accreditation of a similar kind under another law of a 6 participating jurisdiction. 7 BFM fatigue management system, for the purposes of 8 Chapter 8, has the meaning given by section 457. 9 BFM hours, for the purposes of Chapters 6 and 8, has the 10 meaning given by section 253. 11 BFM standards and business rules, for the purposes of 12 Chapter 8, has the meaning given by section 457. 13 Board means the National Heavy Vehicle Regulator Board 14 established under section 662. 15 body of fatigue knowledge means any accreditation scheme, 16 scientific knowledge, expert opinion, guidelines, standards or 17 other knowledge about preventing or managing exposure to 18 risks to safety either on a road or in a workplace, arising from 19 fatigue. 20 bus means a heavy motor vehicle built or fitted to carry more 21 than 9 adults (including the driver). 22 cancel, for the purposes of Chapter 6 in relation to an unused 23 daily sheet in a written work diary, has the meaning given by 24 section 221. 25 category, of heavy vehicles--see section 15. 26 cause, a thing, includes-- 27 (a) contribute to causing the thing; and 28 (b) encourage the thing. 29 Page 63

Heavy Vehicle National Law Amendment Bill 2012 [s 12] centre-line, of an axle, means-- 1 (a) for an axle consisting of 1 shaft--a line parallel to the 2 length of the axle and passing through its centre; and 3 (b) for an axle consisting of 2 shafts--a line in the vertical 4 plane passing through-- 5 (i) the centre of both shafts; and 6 (ii) the centres of the wheels on the shafts. 7 class 1 heavy vehicle has the meaning given by section 116(1) 8 and (2). 9 class 2 heavy vehicle has the meaning given by section 136. 10 class 2 heavy vehicle authorisation means-- 11 (a) a class 2 heavy vehicle authorisation (notice); or 12 (b) a class 2 heavy vehicle authorisation (permit). 13 class 2 heavy vehicle authorisation (notice) has the meaning 14 given by section 138(2). 15 class 2 heavy vehicle authorisation (permit) has the meaning 16 given by section 143(2). 17 class 3 heavy vehicle has the meaning given by section 18 116(3). 19 combination means a group of vehicles consisting of a motor 20 vehicle towing 1 or more other vehicles. 21 commercial consignor, for the purposes of Divisions 4 and 5 22 of Part 5.2, has the meaning given by section 210. 23 Commonwealth Gazette means the Commonwealth of 24 Australia Gazette. 25 Commonwealth Gazette notice means notice published in the 26 Commonwealth Gazette. 27 Commonwealth responsible Minister means the 28 Commonwealth Minister nominated by the Commonwealth as 29 the responsible Minister for the Commonwealth for the 30 purposes of this Law. 31 compensation order has the meaning given by section 611(1). 32 Page 64

Heavy Vehicle National Law Amendment Bill 2012 [s 12] compliance purposes means-- 1 (a) monitoring purposes; or 2 (b) investigation purposes. 3 complying container weight declaration has the meaning 4 given by section 189. 5 component, of a heavy vehicle that is a combination, means-- 6 (a) a component vehicle of the combination; or 7 (b) a component of any component vehicle of the 8 combination. 9 component vehicle, of a heavy combination, means the 10 towing vehicle or another vehicle in the combination. 11 condition includes a restriction. 12 conditionally registered, for a heavy vehicle, means the 13 vehicle is registered under this Law subject to conditions. 14 conduct means an act, an omission to perform an act, or a 15 state of affairs. 16 consent includes an approval or concurrence. 17 consign and consignor-- 18 A person consigns goods, and is a consignor of goods, for 19 road transport using a heavy vehicle, if-- 20 (a) the person has consented to being, and is, named or 21 otherwise identified as a consignor of the goods in the 22 transport documentation relating to the road transport of 23 the goods; or 24 (b) there is no person as described in paragraph (a) and-- 25 (i) the person engages an operator of the vehicle, 26 either directly or indirectly or through an agent or 27 other intermediary, to transport the goods by road; 28 or 29 (ii) there is no person as described in subparagraph (i) 30 and the person has possession of, or control over, 31 the goods immediately before the goods are 32 transported by road; or 33 Page 65

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (iii) there is no person as described in subparagraph (i) 1 or (ii) and the person loads a vehicle with the 2 goods, for road transport, at a place-- 3 (A) where goods in bulk are stored, temporarily 4 held or otherwise held waiting collection; 5 and 6 (B) that is usually unattended, other than by the 7 vehicle's driver or someone else necessary 8 for the normal use of the vehicle, during 9 loading; or 10 (c) there is no person as described in paragraph 11 (a) or (b) and the goods are imported into 12 Australia and the person is the importer of 13 the goods. 14 consignee, of goods-- 15 (a) means a person who-- 16 (i) has consented to being, and is, named or otherwise 17 identified as the intended consignee of the goods in 18 the transport documentation relating to the road 19 transport of the goods; or 20 (ii) actually receives the goods after completion of 21 their road transport; but 22 (b) does not include a person who merely unloads the 23 goods. 24 container weight declaration-- 25 (a) means a written declaration, whether contained in 1 or 26 more documents, stating or purporting to state the 27 weight of a freight container and its contents; and 28 Examples-- 29 an email, a placard fixed to the container 30 (b) includes a copy of a declaration mentioned in paragraph 31 (a). 32 Page 66

Heavy Vehicle National Law Amendment Bill 2012 [s 12] converter dolly means a pig trailer with a fifth wheel coupling 1 designed to convert a semitrailer into a dog trailer. 2 Typical converter dolly 3 convict, a person of an offence, has the meaning given by 4 section 9(1). 5 convicted, of an offence, has the meaning given by section 6 9(2). 7 convicted person-- 8 (a) for the purposes of Division 5 of Part 10.3, has the 9 meaning given by section 599(a); or 10 (b) for the purposes of Division 6 of Part 10.3, has the 11 meaning given by section 606(a). 12 corporation includes a body politic or corporate. 13 corresponding fatigue law, for the purposes of Chapter 6, has 14 the meaning given by section 221. 15 critical risk breach, for a maximum work requirement or 16 minimum rest requirement, has the meaning given by section 17 222(4). 18 daily sheet, for a written work diary, for the purposes of 19 Chapter 6, has the meaning given by section 338(2)(b). 20 daytime means the period of a day between sunrise and 21 sunset. 22 de facto partner, of a person, means a person (whether of the 23 same gender or a different gender) who is in a de facto 24 relationship, within the meaning given by section 2F of the 25 Acts Interpretation Act 1901 of the Commonwealth, with the 26 person. 27 defective heavy vehicle, for the purposes of Division 6 of Part 28 9.3, has the meaning given by section 525. 29 Page 67

Heavy Vehicle National Law Amendment Bill 2012 [s 12] defective vehicle label, for the purposes of Division 6 of Part 1 9.3, has the meaning given by section 525. 2 defendant, for a proceeding for an offence, means the person 3 charged with the offence (whether called the defendant or the 4 accused). 5 deficiency, for the purposes of Division 3 of Part 10.4, has the 6 meaning given by section 626. 7 dimension requirement means-- 8 (a) a prescribed dimension requirement (under section 101); 9 or 10 (b) a requirement as to a dimension limit relating to a heavy 11 vehicle under a condition to which a mass or dimension 12 authority is subject (where the dimension limit is more 13 restrictive than the relevant prescribed dimension 14 requirement); or 15 (c) a requirement as to a dimension limit under a PBS 16 vehicle approval; or 17 (d) a requirement as to a dimension limit indicated by an 18 official traffic sign; or 19 Note-- 20 See the definitions indicated and official traffic sign. 21 (e) a requirement as to a dimension limit for a component 22 vehicle as prescribed by a heavy vehicle standard. 23 drive, a vehicle or combination, includes-- 24 (a) be in control of the steering, movement or propulsion of 25 the vehicle or combination; and 26 (b) for a trailer--drive a vehicle towing the trailer. 27 driver, of a vehicle or combination-- 28 (a) means the person driving the vehicle or combination; 29 and 30 (b) includes-- 31 (i) a person accompanying the person driving the 32 vehicle or combination on a journey or part of a 33 Page 68

Heavy Vehicle National Law Amendment Bill 2012 [s 12] journey, who has been, is or will be sharing the 1 task of driving the vehicle or combination during 2 the journey or part; and 3 (ii) a person who is driving the vehicle or combination 4 as a driver under instruction or under an 5 appropriate learner licence or learner permit; and 6 (iii) where the driver is a driver under instruction, the 7 holder of a driver licence occupying the seat in the 8 vehicle or combination next to the driver. 9 driver licence means-- 10 (a) a driver licence issued under a law of a State or Territory 11 that regulates the use of vehicles on roads; or 12 (b) a licence, permit or other authorisation to drive a motor 13 vehicle issued under a law of another country if a law 14 mentioned in paragraph (a) exempts the holder of the 15 licence, permit or other authorisation from the 16 requirement to hold a driver licence under that law to 17 drive a motor vehicle. 18 electronic recording system has the meaning given by section 19 221. 20 electronic recording system approval means an approval of 21 an electronic recording system under Division 7 of Part 6.4. 22 electronic work diary has the meaning given by section 221. 23 electronic work diary label has the meaning given by section 24 221. 25 embargo notice has the meaning given by section 557(2). 26 embargoed thing means a thing the subject of an embargo 27 notice. 28 employed driver, of a heavy vehicle, means a person who is 29 employed by someone else to drive the vehicle. 30 employee means an individual who is employed by someone 31 else. 32 employer means a person who employs someone else. 33 entity includes a person and an unincorporated body. 34 Page 69

Heavy Vehicle National Law Amendment Bill 2012 [s 12] entry, in a work record, for the purposes of Chapter 6, has the 1 meaning given by section 221. 2 equipment, in relation to a heavy vehicle, includes tools, 3 devices and accessories in the vehicle. 4 escort vehicle means a pilot vehicle that is driven by a police 5 officer or another person authorised to direct traffic under an 6 Australian road law. 7 examine includes analyse, test, account, measure, weigh, 8 grade, gauge or identify. 9 executive officer, of a corporation, means-- 10 (a) a director of the corporation; or 11 (b) any person, by whatever name called and whether or not 12 the person is a director of the corporation, who is 13 concerned or takes part in the management of the 14 corporation. 15 exemption hours, for the purposes of Chapter 6, has the 16 meaning given by section 259. 17 exercise, for a function, includes perform. 18 extract, of a document, device or other thing, means a copy of 19 any information contained in the document, device or other 20 thing. 21 fatigue has the meaning given by section 223. 22 fatigue record keeping exemption means-- 23 (a) a fatigue record keeping exemption (notice); or 24 (b) a fatigue record keeping exemption (permit). 25 fatigue record keeping exemption (notice) has the meaning 26 given by section 378. 27 fatigue record keeping exemption (permit) has the meaning 28 given by section 383. 29 fatigue-regulated bus means a heavy motor vehicle built or 30 fitted to carry more than 12 adults (including the driver). 31 Page 70

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Note-- 1 A fatigue-regulated bus is a bus that weighs more than 4.5t for the 2 purposes of being regulated under this Law. 3 fatigue-regulated heavy vehicle has the meaning given by 4 section 7. 5 fifth wheel coupling means a device (other than an upper 6 rotating element and a kingpin) used with a prime mover, 7 semitrailer or converter dolly to-- 8 (a) permit quick coupling and uncoupling; and 9 (b) provide for articulation. 10 film, a thing, includes-- 11 (a) photograph or videotape the thing; and 12 (b) record an image of the thing in another way. 13 fit, to drive a heavy vehicle, or to start or stop its engine, for a 14 person, means the person-- 15 (a) is apparently physically and mentally fit to drive the 16 vehicle, or start or stop its engine; and 17 (b) is not apparently affected by either or both of the 18 following-- 19 (i) alcohol; 20 (ii) a drug that affects a person's ability to drive a 21 vehicle; and 22 (c) is not found to have an alcohol concentration in the 23 person's blood or breath exceeding the amount 24 permitted, under an Australian road law of this 25 jurisdiction, for the driver of a heavy vehicle; and 26 (d) is not found to be under the influence of a drug or to 27 have present in the person's blood or saliva a drug that 28 the driver of a heavy vehicle is not permitted to have 29 present in the driver's blood or saliva under an 30 Australian road law of this jurisdiction. 31 freight container means-- 32 Page 71

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) a re-usable container of the kind mentioned in AS 1 3711.1 that is designed for repeated use for transporting 2 goods; or 3 Note-- 4 AS 3711.1 may be purchased from Standards Australia at 5 . 6 (b) a re-usable container of the same or a similar design and 7 construction to a container mentioned in paragraph (a) 8 though of different dimensions. 9 Fund means the National Heavy Vehicle Regulator Fund 10 established under section 687. 11 garage address, of a heavy vehicle, means-- 12 (a) for a heavy vehicle normally kept at a depot when not in 13 use--the principal depot of the vehicle; or 14 (b) for a heavy vehicle not normally kept at a depot when 15 not in use--the address of the place of business or 16 residence at which the vehicle is normally kept when not 17 in use. 18 GCM (gross combination mass), of a motor vehicle, means 19 the total maximum loaded mass of the motor vehicle and any 20 vehicles it may lawfully tow at any given time-- 21 (a) if the Regulator has, under section 56, specified the total 22 maximum loaded mass of the motor vehicle and any 23 vehicles it may lawfully tow at any given 24 time--specified by the Regulator under that section; or 25 (b) otherwise--stated by the motor vehicle's manufacturer. 26 goods-- 27 (a) includes-- 28 (i) animals (whether alive or dead); and 29 (ii) a container (whether empty or not); but 30 (b) does not include-- 31 (i) people; or 32 Page 72

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (ii) fuel, water, lubricants and readily removable 1 equipment required for the normal use of the 2 vehicle or combination in which they are carried; 3 or 4 (iii) personal items used by the driver of the vehicle or 5 combination, or someone else necessary for the 6 normal use of the vehicle, in which they are 7 carried. 8 GVM (gross vehicle mass), of a vehicle, means the maximum 9 loaded mass of the vehicle-- 10 (a) if the Regulator has specified the vehicle's maximum 11 loaded mass under section 57--specified by the 12 Regulator under that section; or 13 (b) otherwise--stated by the vehicle's manufacturer. 14 hauling unit means a motor vehicle that forms part of a 15 combination, but does not include a prime mover. 16 heavy combination means a combination that is a heavy 17 vehicle. 18 heavy motor vehicle means a motor vehicle that is a heavy 19 vehicle. 20 heavy trailer means a trailer that is a heavy vehicle. 21 heavy vehicle has the meaning given by section 6. 22 heavy vehicle accreditation means-- 23 (a) AFM accreditation; or 24 (b) BFM accreditation; or 25 (c) maintenance management accreditation; or 26 (d) mass management accreditation. 27 heavy vehicle standards has the meaning given by section 59. 28 higher mass limits, for the purposes of Chapter 7, has the 29 meaning given by section 403. 30 HML authority, for the purposes of Chapter 7, has the 31 meaning given by section 403. 32 Page 73

Heavy Vehicle National Law Amendment Bill 2012 [s 12] home address means-- 1 (a) for an individual--the individual's residential address in 2 Australia; or 3 (b) for a body corporate with a registered office in 4 Australia--the address of the registered office; or 5 (c) for another person--the address of the person's 6 principal or only place of business in Australia. 7 identification details, for the purposes of Division 6 of Part 8 9.3, has the meaning given by section 525. 9 identification plate means a plate authorised to be placed on a 10 vehicle, or taken to have been placed on a vehicle, under the 11 Motor Vehicle Standards Act 1989 of the Commonwealth. 12 impaired by fatigue has the meaning given by section 225. 13 improvement notice has the meaning given by section 572(2). 14 in, a vehicle, includes on the vehicle. 15 indicated, by an official traffic sign, includes-- 16 (a) indicated by way of a direction on an official traffic 17 sign; and 18 (b) indicated by way of a direction, indication or 19 requirement that, under a law, is prescribed as being 20 given or imposed, because of an official traffic sign. 21 information notice, for a decision, means a notice stating the 22 following-- 23 (a) the decision; 24 (b) the reasons for the decision; 25 (c) the review and appeal information for the decision. 26 infringement notice means-- 27 (a) an infringement notice issued under section 591; or 28 (b) an infringement notice, expiation notice, penalty notice 29 or similar notice under the Infringement Notice 30 Offences Law. 31 Page 74

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Infringement Notice Offences Law, for a participating 1 jurisdiction, means the law that is declared by a law of that 2 jurisdiction to be the Infringement Notice Offences Law for 3 the purposes of this Law. 4 inspect, a thing, includes-- 5 (a) open the thing and examine its contents; and 6 (b) test the thing or its contents or both. 7 insurer, for the purposes of Part 2.5, has the meaning given by 8 section 54. 9 intelligent access agreement, for the purposes of Chapter 7, 10 has the meaning given by section 403. 11 intelligent access audit, for the purposes of Chapter 7, has the 12 meaning given by section 403. 13 intelligent access auditor means a person engaged by TCA 14 for auditing activities conducted by intelligent access service 15 providers. 16 intelligent access conditions has the meaning given by 17 section 402. 18 intelligent access information, for the purposes of Chapter 7, 19 has the meaning given by section 403. 20 intelligent access map means the spatial data set in electronic 21 form, issued by TCA from time to time, that defines the 22 national public road system. 23 intelligent access reporting entity, for the purposes of 24 Chapter 6, has the meaning given by section 221. 25 intelligent access service provider has the meaning given by 26 section 403. 27 intelligent access vehicle, for the purposes of Chapter 7, has 28 the meaning given by section 403. 29 intelligent transport system means a system involving the use 30 of electronic or other technology, whether located in a heavy 31 vehicle or on or near a road or elsewhere, that is able to 32 monitor, generate, record, store, display, analyse, transmit or 33 report information about-- 34 Page 75

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) any or all of the following-- 1 (i) a heavy vehicle, its equipment or load; 2 (ii) the driver of a heavy vehicle; 3 (iii) an operator of a heavy vehicle; 4 (iv) anyone else involved in road transport using a 5 heavy vehicle; and 6 (b) without limiting paragraph (a), the compliance or 7 noncompliance with this Law of the use of a heavy 8 vehicle on a road. 9 investigation purposes means investigating a contravention or 10 suspected contravention of this Law. 11 journey documentation-- 12 (a) means a document, other than transport documentation, 13 in any form-- 14 (i) directly or indirectly associated with-- 15 (A) a transaction for the actual or proposed road 16 transport of goods or passengers using a 17 heavy vehicle, or for a previous transport of 18 the goods or passengers by any transport 19 method; or 20 (B) goods or passengers, to the extent the 21 document is relevant to a transaction for their 22 actual or proposed road transport; and 23 (ii) whether relating to a particular journey or to 24 journeys generally; and 25 (b) includes, for example, any or all of the following-- 26 (i) a document kept, used or obtained by a responsible 27 person for a heavy vehicle in connection with the 28 transport of goods or passengers; 29 (ii) a workshop, maintenance or repair record relating 30 to a heavy vehicle used, or claimed to be used, for 31 transporting goods or passengers; 32 Page 76

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (iii) a subcontractor's payment advice relating to goods 1 or passengers or their transport; 2 (iv) records kept, used or obtained by the driver of a 3 heavy vehicle used, or claimed to be used, for 4 transporting goods or passengers; 5 Examples-- 6 � driver's run sheet 7 � work diary entry 8 � fuel docket or receipt 9 � food receipt 10 � tollway receipt 11 � pay record 12 � mobile or other telephone record 13 (v) information reported through the use of an 14 intelligent transport system; 15 (vi) a driver manual or instruction sheet; 16 (vii) an advice resulting from check weighing of a 17 heavy vehicle's mass or load performed before, 18 during or after a journey. 19 law enforcement agency means an agency that has functions 20 or activities directed at the prevention, detection, 21 investigation, prosecution or punishment of offences and other 22 contraventions of a law for which penalties or sanctions may 23 be imposed. 24 law enforcement purposes, for the purposes of Chapter 7, has 25 the meaning given by section 403. 26 load, of a heavy vehicle or in a heavy vehicle, means-- 27 (a) all the goods, passengers, drivers and other persons in 28 the vehicle; and 29 (b) all fuel, water, lubricants and readily removable 30 equipment carried in the vehicle and required for its 31 normal use; and 32 (c) personal items used by the vehicle's driver or someone 33 else necessary for the normal use of the vehicle; and 34 Page 77

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (d) anything that is normally removed from the vehicle 1 when not in use. 2 load, when used as a verb, and loader-- 3 A person loads goods in a heavy vehicle, and is a loader of 4 goods in a heavy vehicle, if the person is a person who-- 5 (a) loads the vehicle, or any container that is in or part of 6 the vehicle, with the goods for road transport; or 7 (b) loads the vehicle with a freight container, whether or not 8 it contains goods, for road transport. 9 loaded mass, of a vehicle, means the vehicle's mass together 10 with the mass of the vehicle's load that is transmitted to the 11 ground. 12 loading manager-- 13 1 A person is a loading manager for goods in heavy 14 vehicles, other than for the purposes of Chapter 4, if-- 15 (a) goods are-- 16 (i) loaded onto a heavy vehicle at regular 17 loading or unloading premises for heavy 18 vehicles; or 19 (ii) unloaded from a heavy vehicle at regular 20 loading or unloading premises for heavy 21 vehicles; and 22 (b) the person-- 23 (i) is the person who manages, or is responsible 24 for the operation of, the premises; or 25 (ii) has been assigned by a person mentioned in 26 subparagraph (i) as responsible for 27 supervising, managing or controlling, 28 directly or indirectly, activities carried out by 29 a loader or unloader of goods at the 30 premises. 31 2 For the purposes of Chapter 4, a person is a loading 32 manager for goods in a heavy vehicle if-- 33 Page 78

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) the goods are loaded onto the heavy vehicle at 1 regular loading or unloading premises for heavy 2 vehicles; and 3 (b) the person-- 4 (i) is the person who manages, or is responsible 5 for the operation of, the premises; or 6 (ii) has been assigned by a person mentioned in 7 subparagraph (i) as responsible for 8 supervising, managing or controlling, 9 directly or indirectly, activities carried out by 10 a loader of the goods. 11 loading requirements has the meaning given by section 110. 12 local government authority, for a participating jurisdiction, 13 means an entity that is declared by a law of that jurisdiction to 14 be a local government authority for that jurisdiction for the 15 purposes of this Law. 16 maintenance management accreditation means-- 17 (a) accreditation under this Law of a kind mentioned in 18 section 458(a); or 19 (b) accreditation of a similar kind under another law of a 20 participating jurisdiction. 21 maintenance management standards and business rules, for 22 the purposes of Chapter 8, has the meaning given by section 23 457. 24 maintenance management system, for the purposes of 25 Chapter 8, has the meaning given by section 457. 26 major defect notice has the meaning given by section 27 526(2)(a). 28 major rest break, for the purposes of Chapter 6, has the 29 meaning given by section 221. 30 malfunction-- 31 (a) for the purposes of Chapter 6, has the meaning given by 32 section 221; and 33 Page 79

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (b) for the purposes of Chapter 7, has the meaning given by 1 section 403. 2 mass, dimension or loading requirement means a mass 3 requirement, dimension requirement or loading requirement. 4 mass management accreditation means-- 5 (a) accreditation under this Law of a kind mentioned in 6 section 458(b); or 7 (b) accreditation of a similar kind under another law of a 8 participating jurisdiction. 9 mass management standards and business rules, for the 10 purposes of Chapter 8, has the meaning given by section 457. 11 mass management system, for the purposes of Chapter 8, has 12 the meaning given by section 457. 13 mass or dimension authority means-- 14 (a) a mass or dimension exemption; or 15 (b) a class 2 heavy vehicle authorisation. 16 mass or dimension exemption means-- 17 (a) a mass or dimension exemption (notice); or 18 (b) a mass or dimension exemption (permit). 19 mass or dimension exemption (notice) has the meaning given 20 by section 117(2). 21 mass or dimension exemption (permit) has the meaning given 22 by section 122(3). 23 mass requirement means-- 24 (a) a prescribed mass requirement (under section 95); or 25 (b) a requirement as to a mass limit relating to a heavy 26 vehicle under a condition to which a mass or dimension 27 authority is subject (where the mass limit is lower than 28 the relevant prescribed mass requirement); or 29 (c) a requirement as to a mass limit under a PBS vehicle 30 approval; or 31 Page 80

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (d) a requirement as to a mass limit indicated by an official 1 traffic sign; or 2 Note-- 3 See the definitions indicated and official traffic sign. 4 (e) a requirement as to a mass limit under the GVM or 5 GCM for a heavy vehicle; or 6 (f) a requirement as to a mass limit for a component vehicle 7 as stated by the manufacturer or as prescribed by a 8 heavy vehicle standard. 9 maximum work requirement means a requirement of Chapter 10 6 relating to a maximum work time for the driver of a 11 fatigue-regulated heavy vehicle. 12 maximum work time means the maximum time the driver of a 13 fatigue-regulated heavy vehicle may drive a fatigue-regulated 14 heavy vehicle, or otherwise work, without taking a rest. 15 minimum rest requirement means a requirement of Chapter 6 16 relating to the minimum rest time for the driver of a 17 fatigue-regulated heavy vehicle. 18 minimum rest time means the minimum time the driver of a 19 fatigue-regulated heavy vehicle must rest in order to break up 20 the period of time the driver drives a fatigue-regulated heavy 21 vehicle or otherwise works. 22 minor defect notice has the meaning given by section 23 526(2)(b). 24 minor risk breach-- 25 (a) for a mass requirement--has the meaning given by 26 section 98; or 27 (b) for a dimension requirement--has the meaning given by 28 section 105; or 29 (c) for a loading requirement--has the meaning given by 30 section 112; or 31 (d) for a maximum work requirement or minimum rest 32 requirement--has the meaning given by section 222(1). 33 mistake of fact defence--see section 14. 34 Page 81

Heavy Vehicle National Law Amendment Bill 2012 [s 12] monitoring purposes means finding out whether this Law is 1 being complied with. 2 motor vehicle means a vehicle built to be propelled by a motor 3 that forms part of the vehicle. 4 national regulations means the regulations made under 5 section 730. 6 National Transport Commission means the National 7 Transport Commission established by the National Transport 8 Commission Act 2003 of the Commonwealth. 9 night means the period between sunset on a day and sunrise 10 on the next day. 11 night rest break means-- 12 (a) 7 continuous hours stationary rest time between 10p.m. 13 on a day and 8a.m. on the next day; or 14 Note-- 15 Under sections 248 and 303, the time must be based on the time 16 zone of the driver's base for drivers on a journey in a different 17 time zone to the driver's base. 18 (b) 24 continuous hours stationary rest time. 19 night work time, for the purposes of Chapter 6, has the 20 meaning given by section 221. 21 noncompliance report, for the purposes of Chapter 7, has the 22 meaning given by section 403. 23 non-participating jurisdiction, for the purposes of Chapter 6, 24 has the meaning given by section 221. 25 notice means written notice. 26 occupier, of a place, includes the following-- 27 (a) if there is more than 1 person who apparently occupies 28 the place--any 1 of the persons; 29 (b) any person at the place who is apparently acting with the 30 authority of a person who apparently occupies the place; 31 (c) if no--one apparently occupies the place--any person 32 who is an owner of the place. 33 Page 82

Heavy Vehicle National Law Amendment Bill 2012 [s 12] official means any of the following persons exercising a 1 function under this Law-- 2 (a) the Regulator; 3 (b) a road authority; 4 (c) an authorised officer. 5 official traffic sign means a sign or device erected or placed, 6 under a law, by a public authority (including, for example, a 7 police force or police service) to regulate traffic. 8 operate and operator-- 9 A person operates a vehicle or combination, and is an 10 operator of the vehicle or combination, if the person is 11 responsible for controlling or directing the use of-- 12 (a) for a vehicle (including a vehicle in a combination)--the 13 vehicle; or 14 (b) for a combination--the towing vehicle in the 15 combination. 16 oversize vehicle means a heavy vehicle that does not comply 17 with a dimension requirement applying to it. 18 owner-- 19 (a) of a vehicle means-- 20 (i) each person who is an owner, joint owner or part 21 owner of the vehicle; or 22 (ii) a person who has the use or control of the vehicle 23 under a credit agreement, hiring agreement, 24 hire-purchase agreement or leasing arrangement; 25 or 26 (b) of a combination means-- 27 (i) each person who is an owner, joint owner or part 28 owner of the towing vehicle in the combination; or 29 (ii) a person who has the use or control of the towing 30 vehicle in the combination under a credit 31 agreement, hiring agreement, hire-purchase 32 agreement or leasing arrangement; or 33 Page 83

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (c) of a sample means an owner of the sample or the thing 1 from which it was taken. 2 pack and packer-- 3 A person packs goods, and is a packer of goods, if the 4 person-- 5 (a) puts the goods in packaging, even if that packaging is 6 already on a vehicle; or 7 Example for the purposes of paragraph (a)-- 8 A person who uses a hose to fill the tank of a tank vehicle with 9 petrol packs the petrol for transport. 10 (b) assembles the goods as packaged goods in an outer 11 packaging, even if that packaging is already on a 12 vehicle; or 13 (c) supervises an activity mentioned in paragraph (a) or (b); 14 or 15 (d) manages or controls an activity mentioned in paragraph 16 (a), (b) or (c). 17 packaging, in relation to goods, means anything that contains, 18 holds, protects or encloses the goods, whether directly or 19 indirectly, to enable them to be received or held for transport, 20 or to be transported. 21 Note-- 22 It may be that a container constitutes the whole of the packaging of 23 goods, as in the case of a drum in which goods are directly placed. 24 participating jurisdiction-- 25 (a) for the purposes of this Law other than Chapter 26 6--means a State or Territory in which-- 27 (i) this Law applies as a law of the State or Territory; 28 or 29 (ii) a law that substantially corresponds to the 30 provisions of this Law has been enacted; or 31 (iii) a law prescribed by the national regulations for the 32 purposes of this subparagraph has been enacted; or 33 Page 84

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (b) for the purposes of Chapter 6--has the meaning given 1 by section 221. 2 party in the chain of responsibility-- 3 (a) for a heavy vehicle, for the purposes of Division 5 of 4 Part 5.2, has the meaning given by section 214; or 5 (b) for a fatigue-regulated heavy vehicle, for the purposes of 6 Chapter 6, has the meaning given by section 227. 7 passenger, of a vehicle, means any person carried in the 8 vehicle other than the vehicle's driver or someone else 9 necessary for the normal use of the vehicle. 10 PBS design approval means a current approval given under 11 section 22 for the design of a type of heavy vehicle that, if 12 built to the design, is eligible for PBS vehicle approval. 13 Note-- 14 `PBS' stands for performance based standards. 15 PBS Review Panel means an advisory body appointed by the 16 Regulator to provide expert advice in the assessment of 17 applications for PBS design approvals or PBS vehicle 18 approvals and of their impacts. 19 Note-- 20 The membership of the PBS Review Panel consists of one representative 21 of each State and Territory, an independent Chairperson and an 22 independent Deputy Chairperson. The Commonwealth may, if it decides 23 to do so, nominate a representative of the Commonwealth. The 24 procedure of the Panel is as determined by the Regulator. 25 PBS vehicle means a heavy vehicle that is the subject of a 26 current PBS vehicle approval under Part 1.4. 27 PBS vehicle approval means a current approval issued for a 28 heavy vehicle by the Regulator under section 23. 29 personal information-- 30 (a) generally, means information or an opinion, including 31 information or an opinion forming part of a database, 32 whether true or not, and whether recorded in a material 33 form or not, about an individual whose identity is 34 Page 85

Heavy Vehicle National Law Amendment Bill 2012 [s 12] apparent, or can reasonably be found out, from the 1 information or opinion; and 2 (b) for the purposes of Chapter 7, has the meaning given by 3 section 403. 4 pig trailer means a trailer-- 5 (a) with 1 axle group or a single axle near the middle of its 6 load carrying surface; and 7 (b) connected to the towing vehicle by a drawbar. 8 pilot vehicle means a motor vehicle that accompanies an 9 oversize vehicle to warn other road users of the oversize 10 vehicle's presence. 11 place of business, for the purposes of Part 9.2, has the 12 meaning given by section 494. 13 pole-type trailer means a trailer that-- 14 (a) is attached to a towing vehicle by a pole or an 15 attachment fitted to a pole; and 16 (b) is ordinarily used for transporting loads, such as logs, 17 pipes, structural members, or other long objects, that can 18 generally support themselves like beams between 19 supports. 20 Pole-type trailer 21 police commissioner means the head of the police force or 22 police service (however called) of a participating jurisdiction. 23 premises-- 24 (a) means a building or other structure, a vessel, or another 25 place (whether built on or not)-- 26 (i) from which a business is carried out; or 27 (ii) at or from which goods are loaded onto or 28 unloaded from vehicles; and 29 Page 86

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (b) includes a part of a building, structure, vessel or place 1 mentioned in paragraph (a). 2 prescribed dimension requirement means a requirement 3 prescribed by the national regulations under section 101. 4 prescribed fee means a fee prescribed by the national 5 regulations under section 740(1). 6 prescribed mass requirement means a requirement prescribed 7 by the national regulations under section 95. 8 previous corresponding law-- 9 1 A previous corresponding law is a law of a participating 10 jurisdiction that, before the participation day for the 11 jurisdiction, provided for the same, or substantially the 12 same, matters as the provisions of this Law. 13 2 A previous corresponding law for a provision of this 14 Law is a provision of a previous corresponding law 15 within the meaning of paragraph 1 that corresponds, or 16 substantially corresponds, to the provision of this Law. 17 3 For the purposes of paragraph 1, it is irrelevant whether 18 the law of the participating jurisdiction-- 19 (a) is in 1 instrument or 2 or more instruments; or 20 (b) is part of an instrument; or 21 (c) is part of an instrument and the whole or part of 1 22 or more other instruments. 23 prime contractor, of the driver of a heavy vehicle, means a 24 person who engages the driver to drive the vehicle under a 25 contract for services. 26 Example-- 27 a logistics business that engages a subcontractor to transport goods. 28 prime mover means a heavy motor vehicle designed to tow a 29 semitrailer. 30 prohibition order has the meaning given by section 607(1). 31 protected information, for the purposes of Part 13.4, has the 32 meaning given by section 727. 33 Page 87

Heavy Vehicle National Law Amendment Bill 2012 [s 12] public authority means-- 1 (a) a State or Territory or the Commonwealth, in any 2 capacity; or 3 (b) a body established under a law, or the holder of an office 4 established under a law, for a public purpose, including 5 a local government authority. 6 public place means a place or part of a place-- 7 (a) that the public is entitled to use, is open to members of 8 the public or is used by the public, whether or not on 9 payment of money; or 10 (b) the occupier of which allows members of the public to 11 enter, whether or not on payment of money. 12 public safety means the safety of persons or property, 13 including the safety of-- 14 (a) the drivers of, and passengers and other persons in, 15 vehicles and combinations; and 16 (b) persons or property in or in the vicinity of, or likely to 17 be in or in the vicinity of, road infrastructure and public 18 places; and 19 (c) vehicles and combinations and any loads in them. 20 public safety ground, for a reviewable decision, has the 21 meaning given by section 640. 22 quad-axle group means a group of 4 axles, in which the 23 horizontal distance between the centre-lines of the outermost 24 axles is more than 3.2m but not more than 4.9m. 25 qualified, to drive a heavy vehicle, or to start or stop its 26 engine, for a person, means the person-- 27 (a) holds a driver licence of the appropriate class to drive 28 the vehicle that is not suspended; and 29 (b) is not prevented under a law, including, for example, by 30 the conditions of the driver licence, from driving the 31 vehicle at the relevant time. 32 Queensland Minister means the responsible Minister for 33 Queensland. 34 Page 88

Heavy Vehicle National Law Amendment Bill 2012 [s 12] reasonable steps defence means the defence mentioned in 1 section 618. 2 reasonably believes means believes on grounds that are 3 reasonable in the circumstances. 4 reasonably satisfied means satisfied on grounds that are 5 reasonable in the circumstances. 6 reasonably suspects means suspects on grounds that are 7 reasonable in the circumstances. 8 record keeper, for the purposes of Chapter 6, has the meaning 9 given by section 317. 10 record location, of the driver of a fatigue-regulated heavy 11 vehicle, for the purposes of Chapter 6, has the meaning given 12 by section 290. 13 registered industry code of practice means an industry code 14 of practice registered under section 706. 15 registered interest means an interest registered under the 16 Personal Property Securities Act 2009 of the Commonwealth 17 by a secured party for which the thing or sample is collateral. 18 registered operator, of a heavy vehicle, means the person 19 recorded on the vehicle register as the person responsible for 20 the vehicle. 21 registration, of a heavy vehicle, means registration of the 22 vehicle under this Law. 23 registration exemption means an exemption under Division 4 24 of Part 2.2 from the requirement for a heavy vehicle to be 25 registered. 26 registration item means a document, number plate, label or 27 other thing relating to-- 28 (a) the registration or purported registration of a heavy 29 vehicle; or 30 (b) an unregistered heavy vehicle permit for a heavy 31 vehicle. 32 registration number, for a heavy vehicle, means letters, 33 numbers or characters, or a combination of one or more 34 Page 89

Heavy Vehicle National Law Amendment Bill 2012 [s 12] letters, numbers or characters, issued for the vehicle by the 1 Regulator and recorded on the vehicle register. 2 regular loading or unloading premises-- 3 1 Regular loading or unloading premises, for heavy 4 vehicles, means premises at or from which an average of 5 at least 5 heavy vehicles are loaded or unloaded on each 6 day the premises are operated for loading or unloading 7 heavy vehicles. 8 2 For the purposes of paragraph 1, an average of at least 5 9 heavy vehicles are loaded or unloaded at or from 10 premises on each day the premises are operated for 11 loading or unloading heavy vehicles if-- 12 (a) for premises operated for loading or unloading 13 heavy vehicles for 12 months or more--during the 14 previous 12 months, an average of at least 5 heavy 15 vehicles were loaded or unloaded at or from the 16 premises on each day the premises were operated 17 for loading or unloading heavy vehicles; or 18 (b) for premises operated for loading or unloading 19 heavy vehicles for less than 12 months--during the 20 period the premises have been in operation for 21 loading or unloading heavy vehicles, an average of 22 at least 5 heavy vehicles were loaded or unloaded 23 at or from the premises on each day the premises 24 were operated for loading or unloading heavy 25 vehicles. 26 3 In the application of this definition to the definition 27 loading manager where used in Chapter 6, references in 28 paragraphs 1 and 2 to `an average of at least 5 heavy 29 vehicles' are to be read as references to an average of at 30 least 5 fatigue-regulated heavy vehicles. 31 Note-- 32 Consequently, Chapter 6 (including sections 227, 238, 239 and 33 261) applies to a person as a loading manager only if the 34 premises concerned are premises at or from which an average of 35 at least 5 fatigue-regulated heavy vehicles are loaded or 36 unloaded on each day the premises are operated for loading or 37 unloading heavy vehicles. 38 Page 90

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Regulator means the National Heavy Vehicle Regulator 1 established under section 656. 2 Regulator's website means the website of the Regulator on 3 the internet. 4 relevant appeal body, for the purposes of Chapter 11, has the 5 meaning given by section 640. 6 relevant contravention, for the purposes of Chapter 7, has the 7 meaning given by section 403. 8 relevant emission, for a heavy vehicle, means noise emission, 9 gaseous emission or particle emission emanating from the 10 vehicle. 11 relevant garage address, of a heavy vehicle, means-- 12 (a) the heavy vehicle's garage address; or 13 (b) if the heavy vehicle is a combination--the garage 14 address of the towing vehicle in the combination. 15 relevant jurisdiction, for the purposes of Chapter 11, has the 16 meaning given by section 640. 17 relevant management system, for the purposes of Chapter 8, 18 has the meaning given by section 457. 19 relevant monitoring matters, for the purposes of Chapter 7, 20 has the meaning given by section 403. 21 relevant place, for the purposes of Part 9.2, has the meaning 22 given by section 494. 23 relevant police commissioner, in relation to a police officer, 24 means the police commissioner for the police force or police 25 service (however called) of which the police officer is a 26 member. 27 relevant road manager, for a mass or dimension authority, 28 means a road manager for a road in the area, or on the route, to 29 which the authority applies. 30 relevant standards and business rules, for the purposes of 31 Chapter 8, has the meaning given by section 457. 32 relevant tribunal or court, for a participating jurisdiction, 33 means a tribunal or court that is declared by a law of that 34 Page 91

Heavy Vehicle National Law Amendment Bill 2012 [s 12] jurisdiction to be the relevant tribunal or court for that 1 jurisdiction for the purposes of this Law. 2 responsible entity, for a freight container, means-- 3 (a) the person who, in Australia, consigned the container 4 for road transport using a heavy vehicle; or 5 (b) if there is no person as described in paragraph (a)--the 6 person who, in Australia, for a consignor, arranged for 7 the container's road transport using a heavy vehicle; or 8 (c) if there is no person as described in paragraph (a) or 9 (b)--the person who, in Australia, physically offered the 10 container for road transport using a heavy vehicle. 11 responsible Minister, for a participating jurisdiction, means 12 the Minister of that jurisdiction nominated by it as its 13 responsible Minister for the purposes of this Law. 14 responsible Ministers means a group of Ministers consisting 15 of-- 16 (a) the responsible Minister for each participating 17 jurisdiction; and 18 (b) the Commonwealth responsible Minister. 19 Note-- 20 See also section 655(3). 21 responsible person, for a heavy vehicle, means a person 22 having, at a relevant time, a role or responsibility associated 23 with road transport using the vehicle, and includes any of the 24 following-- 25 (a) an owner of the vehicle or, if it is a combination, an 26 owner of a heavy vehicle forming part of the 27 combination; 28 (b) the vehicle's driver; 29 (c) an operator or registered operator of the vehicle or, if it 30 is a combination, an operator or registered operator of a 31 heavy vehicle forming part of the combination; 32 (d) a person in charge or apparently in charge of-- 33 (i) the vehicle; or 34 Page 92

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (ii) the vehicle's garage address or, if it is a 1 combination, the garage address of a heavy vehicle 2 forming part of the combination; or 3 (iii) a base of the vehicle's driver; 4 (e) a person appointed under a heavy vehicle accreditation 5 to have monitoring or other responsibilities under the 6 accreditation, including, for example, responsibilities 7 for certifying, monitoring or approving the use of heavy 8 vehicles under the accreditation; 9 (f) a person who provides to an owner or registered 10 operator of the vehicle or, if it is a combination, an 11 owner or registered operator of a heavy vehicle forming 12 part of the combination, an intelligent transport system 13 for the vehicle; 14 (g) a person in charge of a place entered by an authorised 15 officer under this Law for the purpose of exercising a 16 power under this Law; 17 (h) a consignor of goods for road transport; 18 (i) a packer of goods in a freight container or other 19 container or in a package or on a pallet for road 20 transport; 21 (j) a person who loads goods or a container for road 22 transport; 23 (k) a person who unloads goods or a container containing 24 goods consigned for road transport; 25 (l) a person to whom goods are consigned for road 26 transport; 27 (m) a person who receives goods packed outside Australia in 28 a freight container or other container or on a pallet for 29 road transport in Australia; 30 (n) an owner or operator of a weighbridge or weighing 31 facility used to weigh the vehicle, or an occupier of the 32 place where the weighbridge or weighing facility is 33 located; 34 Page 93

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (o) a responsible entity for a freight container on the 1 vehicle; 2 (p) a loading manager for goods in heavy vehicles for road 3 transport or another person who controls or directly 4 influences the loading of goods for road transport; 5 (q) a scheduler for the vehicle; 6 (r) an employer, employee, agent or subcontractor of a 7 person mentioned in any of paragraphs (a) to (q). 8 rest, in relation to a fatigue-regulated heavy vehicle, has the 9 meaning given by section 221. 10 rest time, for the purposes of Chapter 6, has the meaning 11 given by section 221. 12 review and appeal information-- 13 (a) for a decision made by the Regulator or an authorised 14 officer who is not a police officer, means the following 15 information-- 16 (i) that, under section 641, a dissatisfied person for the 17 decision may ask for the decision to be reviewed 18 by the Regulator; 19 (ii) that, under section 642, the person may apply for 20 the decision to be stayed by a relevant tribunal or 21 court unless the decision was made by the 22 Regulator on the basis of a public safety ground; 23 (iii) that, in relation to the Regulator's decision on the 24 review, the person may-- 25 (A) under section 647, appeal against the 26 decision to a relevant tribunal or court; and 27 (B) under section 648, apply for the decision to 28 be stayed by a relevant tribunal or court 29 unless the reviewable decision to which the 30 review decision relates was made by the 31 Regulator on the basis of a public safety 32 ground; and 33 (b) for a decision made by a road manager (for a road) that 34 is a public authority, means the following information-- 35 Page 94

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (i) that, under section 641, a dissatisfied person for the 1 decision may apply to the Regulator to have the 2 decision reviewed; 3 (ii) that, under section 643, the Regulator must refer 4 the application to the road manager for review; 5 (iii) that the decision of the road manager on the review 6 is not subject to further review or appeal under this 7 Law; and 8 (c) for a decision made by an authorised officer who is a 9 police officer, or a road manager (for a road) that is not a 10 public authority, means that the decision is not subject to 11 review or appeal under this Law. 12 review application, for the purposes of Chapter 11, has the 13 meaning given by section 640. 14 review decision, for the purposes of Chapter 11, has the 15 meaning given by section 640. 16 reviewable decision has the meaning given by section 640. 17 reviewer, for the purposes of Chapter 11, has the meaning 18 given by section 640. 19 rigid, other than in the definition articulated bus, means not 20 articulated. 21 risk category-- 22 (a) for a contravention of a mass, dimension or loading 23 requirement, means 1 of the following categories-- 24 (i) minor risk breach; 25 (ii) substantial risk breach; 26 (iii) severe risk breach; or 27 (b) for a contravention of a maximum work requirement or 28 minimum rest requirement, means 1 of the following 29 categories-- 30 (i) minor risk breach; 31 (ii) substantial risk breach; 32 (iii) severe risk breach; 33 Page 95

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (iv) critical risk breach. 1 road has the meaning given by section 8. 2 Note-- 3 See also section 13. 4 road authority, for a participating jurisdiction, means an 5 entity that is declared by a law of that jurisdiction to be the 6 road authority for that jurisdiction for the purposes of this 7 Law. 8 road condition has the meaning given by section 154. 9 road infrastructure includes-- 10 (a) a road, including its surface or pavement; and 11 (b) anything under or supporting a road or its surface or 12 pavement; and 13 (c) any bridge, tunnel, causeway, road-ferry, ford or other 14 work or structure forming part of a road system or 15 supporting a road; and 16 (d) any bridge or other work or structure located above, in 17 or on a road; and 18 (e) any traffic control devices, railway equipment, 19 electricity equipment, emergency telephone systems or 20 any other facilities (whether of the same or a different 21 kind) in, on, over, under or connected with anything 22 mentioned in paragraphs (a) to (d). 23 road manager, for a road in a participating jurisdiction, 24 means an entity that is declared by a law of that jurisdiction to 25 be the road manager for the road for the purposes of this Law. 26 road-related area has the meaning given by section 8. 27 Road Rules, for a participating jurisdiction, means the law 28 that is declared by a law of that jurisdiction to be the Road 29 Rules for the purposes of this Law. 30 road train means a combination, other than a B-double, 31 consisting of a motor vehicle towing at least 2 trailers, 32 excluding any converter dolly supporting a semitrailer. 33 Page 96

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 1 Typical triple road train 2 road transport means transport by road. 3 route assessment, for the purposes of Part 4.7, has the 4 meaning given by section 154. 5 safety risk means a risk-- 6 (a) to public safety; or 7 (b) of harm to the environment. 8 schedule, for the driver of a heavy vehicle, means-- 9 (a) the schedule for the transport of any goods or passengers 10 by the vehicle; or 11 (b) the schedule of the driver's work times and rest times. 12 scheduler, for a heavy vehicle, means a person who-- 13 (a) schedules the transport of any goods or passengers by 14 the vehicle; or 15 (b) schedules the work times and rest times of the vehicle's 16 driver. 17 self-employed driver, of a heavy vehicle, means a driver of the 18 vehicle who is not an employed driver of the vehicle. 19 semitrailer means a trailer that has-- 20 (a) 1 axle group or a single axle towards the rear; and 21 (b) a means of attachment to a prime mover that results in 22 some of the mass of the trailer's load being imposed on 23 the prime mover. 24 severe risk breach-- 25 (a) for a mass requirement--has the meaning given by 26 section 100; or 27 (b) for a dimension requirement--has the meaning given by 28 section 107; or 29 Page 97

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (c) for a loading requirement--has the meaning given by 1 section 114; or 2 (d) for a maximum work requirement or minimum rest 3 requirement--has the meaning given by section 222(3). 4 severe risk breach lower limit-- 5 (a) for the purposes of Division 2 of Part 4.2, has the 6 meaning given by section 97; or 7 (b) for the purposes of Division 2 of Part 4.3, has the 8 meaning given by section 104. 9 sign of fatigue, for the purposes of Chapter 6, has the 10 meaning given by section 221. 11 single axle means-- 12 (a) 1 axle; or 13 (b) 2 axles with centres between transverse, parallel, 14 vertical planes spaced less than 1.0m apart. 15 solo driver, for the purposes of Chapter 6, has the meaning 16 given by section 221. 17 speed limit means-- 18 (a) a speed limit applying under this Law, the Road Rules or 19 another law; and 20 (b) when used in the context of a speed limit applying to the 21 driver of a heavy vehicle--a speed limit applying to the 22 driver or the vehicle (or both) under this Law, the Road 23 Rules or another law (whether it applies specifically to 24 the particular driver or the particular vehicle or it applies 25 to all drivers or vehicles or to a class of drivers or 26 vehicles to which the driver or vehicle belongs). 27 Note-- 28 A reference to a speed limit applying under this Law, the Road Rules or 29 another law covers both-- 30 � a speed limit specified in this Law, the Road Rules or other law 31 � a speed limit specified in an instrument, or in some other 32 manner, under this Law, the Road Rules or other law (for 33 example, a speed limit specified in a permit or a 34 Commonwealth Gazette notice) 35 Page 98

Heavy Vehicle National Law Amendment Bill 2012 [s 12] standard hours, for the purposes of Chapter 6, has the 1 meaning given by section 249. 2 Standards Australia means Standards Australia Limited CAN 3 087 326 690, and includes a reference to the Standards 4 Association of Australia as constituted before 1 July 1999. 5 stationary rest time has the meaning given by section 221. 6 substantial risk breach-- 7 (a) for a mass requirement--has the meaning given by 8 section 99; or 9 (b) for a dimension requirement--has the meaning given by 10 section 106; or 11 (c) for a loading requirement--has the meaning given by 12 section 113; or 13 (d) for a maximum work requirement or minimum rest 14 requirement--has the meaning given by section 222(2). 15 substantial risk breach lower limit-- 16 (a) for the purposes of Division 2 of Part 4.2, has the 17 meaning given by section 97; or 18 (b) for the purposes of Division 2 of Part 4.3, has the 19 meaning given by section 104. 20 suitable rest place, for fatigue-regulated heavy vehicles, 21 means-- 22 (a) a rest area designated for use, and able to be used, by 23 fatigue-regulated heavy vehicles; or 24 (b) a place at which a fatigue-regulated heavy vehicle may 25 be safely and lawfully parked. 26 supervisory intervention order has the meaning given by 27 section 600(1). 28 supplementary record, for the purposes of Chapter 6, has the 29 meaning given by section 221. 30 tamper-- 31 (a) with an emission control system, for the purposes of 32 section 91, has the meaning given by that section; or 33 Page 99

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (b) with a speed limiter, for the purposes of section 93, has 1 the meaning given by that section; or 2 (c) with an approved electronic recording system, for the 3 purposes of Chapter 6, has the meaning given by section 4 334; or 5 (d) with an approved intelligent transport system, for the 6 purposes of Chapter 7, has the meaning given by section 7 403. 8 tandem axle group means a group of at least 2 axles, in which 9 the horizontal distance between the centre-lines of the 10 outermost axles is at least 1m but not more than 2m. 11 TCA means Transport Certification Australia Limited ACN 12 113 379 936. 13 Territory means the Australian Capital Territory or the 14 Northern Territory. 15 the State means the Crown in right of this jurisdiction, and 16 includes-- 17 (a) the Government of this jurisdiction; and 18 (b) a Minister of the Crown in right of this jurisdiction; and 19 (c) a statutory corporation, or other entity, representing the 20 Crown in right of this jurisdiction. 21 third party insurance legislation means-- 22 (a) legislation about compensation for third parties who are 23 injured or killed by the use of motor vehicles or trailers; 24 or 25 (b) legislation about payment of contributions towards 26 compensation of that kind; or 27 (c) legislation requiring public liability insurance. 28 this jurisdiction--see the law of each participating 29 jurisdiction for the meaning of this term. 30 this Law means-- 31 (a) this Law as it applies as a law of a participating 32 jurisdiction; or 33 Page 100

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (b) a law of a participating jurisdiction that-- 1 (i) substantially corresponds to the provisions of this 2 Law; or 3 (ii) is prescribed by the national regulations for the 4 purposes of paragraph (a)(iii) of the definition 5 participating jurisdiction. 6 Note-- 7 See also section 11. 8 tow truck means-- 9 (a) a heavy motor vehicle that is-- 10 (i) equipped with a crane, winch, ramp or other lifting 11 device; and 12 (ii) used or intended to be used for the towing of motor 13 vehicles; or 14 (b) a heavy motor vehicle to which is attached, temporarily 15 or otherwise, a trailer or device that is-- 16 (i) equipped with a crane, winch, ramp or other lifting 17 device; and 18 (ii) used or intended to be used for the towing of motor 19 vehicles. 20 tractor means a motor vehicle used for towing purposes, other 21 than-- 22 (a) a motor vehicle designed to carry goods or passengers; 23 or 24 (b) a tow truck. 25 traffic includes vehicular traffic, pedestrian traffic and all 26 other forms of road traffic. 27 trailer means a vehicle that is built to be towed, or is towed, 28 by a motor vehicle, but does not include a motor vehicle being 29 towed. 30 transport documentation means each of the following-- 31 (a) each contractual document directly or indirectly 32 associated with-- 33 Page 101

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (i) a transaction for the actual or proposed road 1 transport of goods or passengers or any previous 2 transport of the goods or passengers by any 3 transport method; or 4 (ii) goods or passengers, to the extent the document is 5 relevant to the transaction for their actual or 6 proposed road transport; 7 (b) each document-- 8 (i) contemplated in a contractual document mentioned 9 in paragraph (a); or 10 (ii) required by law, or customarily given, in 11 connection with a contractual document or 12 transaction mentioned in paragraph (a). 13 Examples-- 14 � bill of lading 15 � consignment note 16 � container weight declaration 17 � contract of carriage 18 � delivery order 19 � export receival advice 20 � invoice 21 � load manifest 22 � sea carriage document 23 � vendor declaration 24 travel condition has the meaning given by section 154. 25 tri-axle group means a group of at least 3 axles, in which the 26 horizontal distance between the centre-lines of the outermost 27 axles is more than 2m but not more than 3.2m. 28 truck means a rigid motor vehicle built mainly as a load 29 carrying vehicle. 30 twinsteer axle group means a group of 2 axles-- 31 (a) with single tyres; and 32 (b) fitted to a motor vehicle; and 33 Page 102

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (c) connected to the same steering mechanism; and 1 (d) the horizontal distance between the centre-lines of 2 which is at least 1m but not more than 2m. 3 two-up driving arrangement, for the purposes of Chapter 6, 4 has the meaning given by section 221. 5 unattended, for a heavy vehicle, for the purposes of Division 6 3 of Part 9.3, has the meaning given by section 515. 7 under, for a law or a provision of a law, includes-- 8 (a) by; and 9 (b) for the purposes of; and 10 (c) in accordance with; and 11 (d) within the meaning of. 12 unincorporated local government authority means a local 13 government authority that is not a body corporate. 14 unload and unloader-- 15 A person unloads goods in a heavy vehicle, and is an unloader 16 of goods in a heavy vehicle, if the person is a person who-- 17 (a) unloads from the vehicle, or any container that is in or 18 part of the vehicle, goods that have been transported by 19 road; or 20 (b) unloads from the vehicle a freight container, whether or 21 not it contains goods, that has been transported by road. 22 unregistered heavy vehicle means a heavy vehicle that is not 23 registered. 24 unregistered heavy vehicle permit means a permit issued 25 under the national regulations authorising the use of an 26 unregistered heavy vehicle on a road. 27 use, a heavy vehicle on a road, includes standing the vehicle 28 on the road. 29 vehicle condition has the meaning given by section 154. 30 vehicle defect notice means a major defect notice or a minor 31 defect notice. 32 Page 103

Heavy Vehicle National Law Amendment Bill 2012 [s 12] vehicle register means the vehicle register kept under Part 2.3. 1 vehicle registration duty-- 2 (a) includes any duties, levies, fees or charges (however 3 called) payable under a law of a participating 4 jurisdiction at the time of registration of a vehicle on an 5 application for the registration of, the renewal of 6 registration of, or the transfer of the registration of, a 7 vehicle; and 8 (b) includes, by way of example, emergency service levies. 9 vehicle registration duty legislation means legislation about 10 payment of vehicle registration duty. 11 vehicle standards exemption means-- 12 (a) vehicle standards exemption (notice); or 13 (b) vehicle standards exemption (permit). 14 vehicle standards exemption (notice) has the meaning given 15 by section 61(2). 16 vehicle standards exemption (permit) has the meaning given 17 by section 68(2). 18 VIN (vehicle identification number), for a heavy vehicle, 19 means-- 20 (a) for a heavy vehicle built before 1 January 1989 with an 21 identification plate, the number quoted on the vehicle's 22 identification plate that-- 23 (i) uniquely identifies the vehicle and sets it apart 24 from similar vehicles; and 25 (ii) corresponds to the identification number of the 26 vehicle that is permanently recorded elsewhere on 27 the vehicle; or 28 (b) otherwise, the unique vehicle identification number 29 assigned to the heavy vehicle under the Motor Vehicle 30 Standards Act 1989 of the Commonwealth. 31 work, in relation to a fatigue-regulated heavy vehicle, has the 32 meaning given by section 221. 33 Page 104

Heavy Vehicle National Law Amendment Bill 2012 [s 12] work and rest change, for the purposes of Chapter 6, has the 1 meaning given by section 221. 2 work and rest hours exemption means-- 3 (a) a work and rest hours exemption (notice); or 4 (b) a work and rest hours exemption (permit). 5 work and rest hours exemption (notice) has the meaning 6 given by section 266(2). 7 work and rest hours exemption (permit) has the meaning 8 given by section 273(2). 9 work and rest hours option, for the purposes of Chapter 6, 10 has the meaning given by section 243. 11 work diary, for the purposes of Chapter 6, has the meaning 12 given by section 221. 13 work diary exemption means-- 14 (a) a work diary exemption (notice); or 15 (b) a work diary exemption (permit). 16 work diary exemption (notice) has the meaning given by 17 section 357(2). 18 work diary exemption (permit) has the meaning given by 19 section 363(2). 20 work record, for the purposes of Chapter 6, has the meaning 21 given by section 221. 22 work time, for the purposes of Chapter 6, has the meaning 23 given by section 221. 24 wrecked, in relation to a heavy vehicle, for the purposes of 25 Part 2.5, has the meaning given by section 54. 26 written-off, in relation to a heavy vehicle, for the purposes of 27 Part 2.5, has the meaning given by section 54. 28 written work diary, for the purposes of Chapter 6, has the 29 meaning given by section 221. 30 Page 105

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 6 Meaning of heavy vehicle 1 (1) For the purposes of this Law, a vehicle is a heavy vehicle if it 2 has a GVM or ATM of more than 4.5t. 3 (2) Also, for the purposes of this Law other than in relation to 4 registration under this Law, a combination that includes a 5 vehicle with a GVM or ATM of more than 4.5t is a heavy 6 vehicle. 7 (3) However, rolling stock is not a heavy vehicle for the purposes 8 of this Law. 9 (4) In this section-- 10 rolling stock-- 11 1 Rolling stock is a vehicle designed to operate or move 12 on a railway track and includes a locomotive, carriage, 13 rail car, rail motor, light rail vehicle, tram, light 14 inspection vehicle, self-propelled infrastructure 15 maintenance vehicle, trolley, wagon or monorail 16 vehicle. 17 2 A vehicle designed to operate both on and off a railway 18 track is rolling stock when the vehicle is being-- 19 (a) operated or moved on a railway track; or 20 (b) maintained, repaired or modified in relation to the 21 operation or movement of the vehicle on a railway 22 track. 23 7 Meaning of fatigue-regulated heavy vehicle 24 (1) For the purposes of this Law, a heavy vehicle is a 25 fatigue-regulated heavy vehicle if it is any of the following-- 26 (a) a motor vehicle with a GVM of more than 12t; 27 (b) a combination with a GVM of more than 12t; 28 (c) a fatigue-regulated bus. 29 (2) However, subject to subsection (3), a heavy vehicle is not a 30 fatigue-regulated heavy vehicle for the purposes of this Law if 31 it is any of the following-- 32 Page 106

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) a motor vehicle that-- 1 (i) is built, or has been modified, to operate primarily 2 as a machine or implement off-road, on a 3 road-related area, or on an area of road that is 4 under construction; and 5 (ii) is not capable of carrying goods or passengers by 6 road; 7 Examples for the purposes of paragraph (a)-- 8 agricultural machine, backhoe, bulldozer, excavator, forklift, 9 front-end loader, grader, motor vehicle registered under an 10 Australian road law as a special purpose vehicle (type p) 11 (b) a motorhome. 12 (3) For the purposes of this Law, a truck, or a combination 13 including a truck, that has a machine or implement attached to 14 it is a fatigue-regulated heavy vehicle-- 15 (a) if the GVM of the truck or combination with the 16 attached machine or implement is more than 12t; and 17 (b) whether or not the truck or combination has been built 18 or modified primarily to operate as a machine or 19 implement off-road, on a road-related area, or on an area 20 of road that is under construction. 21 Example for the purposes of subsection (3)-- 22 a truck to which a crane or drilling rig is attached 23 (4) For the purposes of subsection (2)(b), a motorhome-- 24 (a) is a rigid or articulated motor vehicle or combination 25 that is built, or has been modified, primarily for 26 residential purposes; and 27 (b) does not include a motor vehicle that is merely a motor 28 vehicle constructed with a sleeper berth. 29 (5) For the purposes of this section, the GVM of a combination is 30 the total of the GVMs of the vehicles in the combination. 31 Page 107

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 8 Meaning of road and road-related area 1 (1) For the purposes of this Law, a road is an area that is open to 2 or used by the public and is developed for, or has as 1 of its 3 uses, the driving or riding of motor vehicles. 4 Examples of areas that are roads-- 5 bridges, cattle grids, culverts, ferries, fords, railway crossings, tunnels 6 or viaducts 7 (2) For the purposes of this Law, a road-related area is-- 8 (a) an area that divides a road; or 9 (b) a footpath, shared path or nature strip adjacent to a road; 10 or 11 (c) a shoulder of a road; or 12 (d) a bicycle path or another area that is not a road and that 13 is open to the public and designated for use by cyclists 14 or animals; or 15 (e) an area that is not a road and that is open to, or used by, 16 the public for driving, riding or parking motor vehicles. 17 (3) Also, an area is a road or road-related area for the purposes 18 of this Law or a particular provision of this Law as applied in 19 a participating jurisdiction, if the area is declared by a law of 20 that jurisdiction to be a road or road-related area for the 21 purposes of this Law or the particular provision. 22 (4) In this section-- 23 bicycle path means an area open to the public that is 24 designated for, or has as 1 of its main uses, use by riders of 25 bicycles. 26 footpath means an area open to the public that is designated 27 for, or has as 1 of its main uses, use by pedestrians. 28 shared path means an area open to the public that is 29 designated for, or has as 1 of its main uses, use by both the 30 riders of bicycles and pedestrians. 31 shoulder, of a road-- 32 (a) includes any part of the road that is not designed to be 33 used by motor vehicles in travelling along the road; and 34 Page 108

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (b) includes-- 1 (i) for a kerbed road-any part of the kerb; and 2 (ii) for a sealed road-any unsealed part of the road, and 3 any sealed part of the road outside an edge line on 4 the road; but 5 (c) does not include a bicycle path, footpath or shared path. 6 9 Meaning of convicts and convicted of an offence 7 (1) For the purposes of this Law, a court convicts a person of an 8 offence if the court finds the person guilty, or accepts the 9 person's plea of guilty, for the offence whether or not a 10 conviction is recorded. 11 (2) For the purposes of this Law, a person is convicted of an 12 offence if a court convicts the person of the offence. 13 10 Interpretation generally 14 Schedule 1 applies in relation to this Law. 15 11 References to laws includes references to instruments 16 made under laws 17 (1) In this Law, a reference (either generally or specifically) to a 18 law or a provision of a law (including this Law) includes a 19 reference to-- 20 (a) each instrument (including a regulation) made or in 21 force under the law or provision; and 22 (b) each instrument made or in force under any such 23 instrument. 24 (2) In this section-- 25 law means a law of the Commonwealth or a State or Territory. 26 Page 109

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 12 References to this Law as applied in a participating 1 jurisdiction 2 In this Law, a reference to this Law as applied by an Act of a 3 participating jurisdiction includes a reference to-- 4 (a) a law that substantially corresponds to this Law enacted 5 in a participating jurisdiction; and 6 (b) a law prescribed by the national regulations for the 7 purposes of paragraph (a)(iii) of the definition 8 participating jurisdiction in section 5, enacted in a 9 participating jurisdiction. 10 13 References to road 11 A reference in this Law to a road includes a reference to a 12 road-related area, unless a contrary intention appears in this 13 Law. 14 14 References to mistake of fact defence 15 (1) This section applies if a provision of this Law states that a 16 person charged with an offence does not have the benefit of 17 the mistake of fact defence for the offence. 18 (2) The effect of the provision, for a participating jurisdiction, is 19 the effect that is declared by a law of that jurisdiction to be the 20 effect of the provision. 21 15 References to categories of heavy vehicles 22 If a provision of this Law provides for the exemption, 23 authorisation, prescription or description of a category of 24 heavy vehicles, heavy vehicles may, without limitation, be 25 categorised for the purposes of the provision as being of any 26 stated class, including, for example-- 27 (a) a class of heavy vehicles used for a particular task; and 28 (b) a class of heavy vehicles used by particular persons or a 29 particular class of persons; and 30 (c) a class of heavy vehicles with a particular configuration. 31 Page 110

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Part 1.3 Application and operation of 1 Law 2 16 Extraterritorial operation of Law 3 It is the intention of the Parliament of this jurisdiction that the 4 operation of this Law is, as far as possible, to include 5 operation in relation to the following-- 6 (a) things situated in or outside the territorial limits of this 7 jurisdiction; 8 (b) acts, transactions and matters done, entered into or 9 occurring in or outside the territorial limits of this 10 jurisdiction; 11 (c) things, acts, transactions and matters (wherever situated, 12 done, entered into or occurring) that would, apart from 13 this Law, be governed or otherwise affected by the law 14 of another jurisdiction. 15 17 Law binds the State 16 (1) This Law binds the State. 17 (2) No criminal liability attaches to the State itself (as distinct 18 from its agents, instrumentalities, officers and employees) 19 under this Law. 20 18 Relationship with primary work health and safety laws 21 (1) This Law does not limit the application of the primary WHS 22 Law or any regulations made under that Law. 23 (2) Evidence of a relevant contravention of this Law is admissible 24 in any proceeding for an offence against the primary WHS 25 Law. 26 (3) Compliance with this Law, or with any requirement imposed 27 under this Law, is not, in itself, evidence that a person has 28 complied with the primary WHS Law or any regulations made 29 under that Law or with a common law duty of care. 30 Page 111

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (4) In this section-- 1 primary WHS Law, for a participating jurisdiction, means the 2 law that is declared by a law of that jurisdiction to be the 3 primary WHS Law for the purposes of this Law. 4 Note-- 5 `WHS' stands for workplace health and safety. 6 Part 1.4 Performance based standards 7 19 Main purpose of this Part 8 (1) The main purposes of this Part and other associated provisions 9 of this Law are to enable PBS vehicles that meet a particular 10 performance level to operate (unless otherwise specified by 11 the responsible Minister) on roads that are authorised to be 12 used by PBS vehicles that meet or exceed that performance 13 level. 14 (2) It is intended that authorisations or exemptions can be granted 15 under this Law for PBS vehicles. 16 20 Notification to road authority of PBS design approval 17 The Regulator must, as soon as practicable, notify the road 18 authority for this jurisdiction, in writing, of a PBS design 19 approval, together with a description of the significant 20 features of the design to which the approval relates. 21 21 Notification by responsible Minister of non-application or 22 restricted application of PBS design approval 23 (1) The responsible Minister for this jurisdiction may notify the 24 Regulator in writing that any heavy vehicle built to a design 25 that is the subject of a PBS design approval-- 26 (a) is not to be permitted to operate in this jurisdiction; or 27 Page 112

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (b) is only to be permitted to operate in this jurisdiction 1 subject to stated conditions. 2 (2) A notice under this section can not be about-- 3 (a) a particular person; or 4 (b) a particular heavy vehicle. 5 (3) A notice under this section is not valid for the purposes of this 6 Law if it does not set out reasons for why it has been issued. 7 (4) On receiving a notice under this section, the Regulator must 8 give a copy of the notice to the person who was given the PBS 9 design approval. 10 (5) On receiving a notice under this section, the Regulator must 11 accordingly impose on the PBS design approval-- 12 (a) a condition giving effect to subsection (1)(a); or 13 (b) the stated conditions referred to in subsection (1)(b). 14 22 Application for PBS design approval 15 (1) An application for a PBS design approval for the design of a 16 type of heavy vehicle may be made to the Regulator. 17 (2) In assessing the application, the Regulator must have regard 18 to-- 19 (a) the approved guidelines relevant to the grant of PBS 20 design approvals; and 21 (b) any performance based standards and assessment rules 22 prescribed in the national regulations for the purposes of 23 this paragraph; and 24 (c) the advice of the PBS Review Panel in relation to the 25 application. 26 (3) Having assessed the application, the Regulator must approve 27 or reject the application. 28 (4) The Regulator may approve the application subject to any 29 condition the Regulator considers appropriate. 30 (5) The PBS design approval must state the conditions (if any) to 31 which it is subject under subsection (4) or section 21(5). 32 Page 113

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 23 Application for PBS vehicle approval 1 (1) An application for a PBS vehicle approval for a heavy vehicle 2 may be made to the Regulator. 3 (2) In assessing the application, the Regulator must have regard 4 to-- 5 (a) the approved guidelines relevant to the grant of PBS 6 vehicle approvals; and 7 (b) any vehicle certification rules prescribed in the national 8 regulations for the purposes of this paragraph; and 9 (c) the advice of the PBS Review Panel in relation to the 10 application. 11 (3) Having assessed the application, the Regulator must approve 12 or reject the application. 13 (4) The Regulator may approve the application subject to 14 conditions included in the PBS design approval to which the 15 heavy vehicle is built. 16 (5) The PBS vehicle approval must state the conditions (if any) to 17 which-- 18 (a) the PBS vehicle approval is subject under subsection 19 (4); and 20 (b) the relevant PBS design approval is subject under 21 section 21(5). 22 (6) A PBS vehicle approval can not be given for a class 1 heavy 23 vehicle. 24 24 Exemption from stated vehicle standards 25 (1) A PBS vehicle approval for a heavy vehicle may provide that 26 the vehicle is exempt from stated vehicle standards. 27 (2) Subsection (1) applies only to vehicle standards of a kind 28 prescribed by the national regulations for the purposes of this 29 section. 30 Note-- 31 See section 60(6). 32 Page 114

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 25 Authorisation of different mass or dimension 1 requirement 2 (1) A PBS vehicle approval for a heavy vehicle may provide that 3 the vehicle is authorised to have a mass limit that exceeds a 4 limit that would otherwise apply to the vehicle under a 5 prescribed mass requirement. 6 Note-- 7 See section 96(4). 8 (2) A PBS vehicle approval for a heavy vehicle may provide that 9 the vehicle is authorised to have a dimension that exceeds a 10 dimension limit that would otherwise apply to the vehicle 11 under a prescribed dimension requirement. 12 Note-- 13 See section 102(4). 14 26 National regulations 15 The national regulations may provide for-- 16 (a) the procedures for determining an application for a PBS 17 design approval or a PBS vehicle approval, including, 18 for example, providing for the time for making a 19 decision on the application, the fee for the application 20 and forms relating to the application; and 21 (b) the procedures for cancelling or modifying a PBS 22 design approval or PBS vehicle approval; and 23 (c) performance based standards, and assessment and 24 certification rules, relating to PBS design approvals or 25 PBS vehicle approvals; and 26 (d) the appointment, functions and management of persons 27 as PBS assessors and PBS vehicle certifiers. 28 Page 115

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Chapter 2 Registration 1 Note-- 2 If this Chapter is not to commence at the same time as other provisions 3 of this Law but at a later time, transitional provisions for this jurisdiction 4 relating to and consequential on the delayed commencement are 5 intended to be dealt with by national regulations or by legislation of this 6 jurisdiction. 7 Part 2.1 Preliminary 8 27 Main purpose of Ch 2 9 The main purpose of this Chapter is to establish a scheme for 10 the national registration of heavy vehicles that-- 11 (a) allows for the registration of heavy vehicles of a 12 standard and in a condition that prevents or minimises 13 safety risks; and 14 (b) recognises that unregistered heavy vehicles may be used 15 on roads in particular circumstances without posing 16 significant safety risks; and 17 (c) provides for identifying heavy vehicles and the persons 18 responsible for them; and 19 (d) ensures compliance with-- 20 (i) vehicle registration duty legislation; and 21 (ii) third party insurance legislation. 22 Page 116

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Part 2.2 Registration scheme 1 Division 1 Preliminary 2 28 Scheme for registration of heavy vehicles 3 (1) The national regulations may prescribe procedures for the 4 registration of heavy vehicles. 5 (2) Without limiting subsection (1), the national regulations may 6 prescribe-- 7 (a) the persons who are eligible to have heavy vehicles 8 registered in their name; and 9 (b) the heavy vehicles that are eligible to be registered; and 10 (c) the circumstances in which heavy vehicles may be 11 registered without conditions; and 12 (d) the circumstances in which heavy vehicles may be 13 registered subject to conditions; and 14 (e) the period for which heavy vehicles may be registered; 15 and 16 (f) the circumstances in which unregistered heavy vehicle 17 permits may be issued for heavy vehicles, and 18 conditions that may be imposed on the permits; and 19 (g) the charges payable for the registration of heavy 20 vehicles, and refunds of part of the charges paid for a 21 heavy vehicle's registration if the registration is 22 surrendered before it expires; and 23 (h) requirements about the display of plates and labels on 24 heavy vehicles to identify the vehicles' registration; and 25 (i) matters about-- 26 (i) the renewal of the registration of heavy vehicles; 27 and 28 (ii) the transfer or surrender of the registration of 29 heavy vehicles; and 30 Page 117

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (iii) the amendment, suspension or cancellation of the 1 registration of heavy vehicles or unregistered 2 heavy vehicle permits for heavy vehicles; and 3 (iv) the refusal of the registration or renewal of the 4 registration, or the suspension or cancellation of 5 the registration, of heavy vehicles for-- 6 (A) noncompliance with requirements of vehicle 7 registration duty legislation or third party 8 insurance legislation of the State or Territory 9 in which a vehicle's garage address is 10 located; or 11 (B) not providing adequate proof of compliance 12 with any of the requirements referred to in 13 sub-subparagraph (A); and 14 (v) without limiting subparagraph (iv), the suspension 15 or cancellation of the registration of heavy vehicles 16 for-- 17 (A) noncompliance with any of the requirements 18 referred to in that subparagraph if a vehicle's 19 garage address changes during the period of 20 registration; or 21 (B) not providing adequate proof of compliance 22 with any of the requirements referred to in 23 sub-subparagraph (A); and 24 (j) matters about the provision of the Regulator's services 25 to States and Territories, under agreements mentioned in 26 section 658(2)(b), relating to-- 27 (i) collecting vehicle registration duty; or 28 (ii) ensuring compliance with third party insurance 29 legislation, including, for example, by collecting 30 third party insurance premiums. 31 29 Registration not evidence of title 32 The registration of a heavy vehicle under this Law is not 33 evidence of title to the heavy vehicle. 34 Page 118

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Division 2 Requirement for heavy vehicle to be 1 registered 2 30 Registration requirement 3 (1) A person must not use, or permit to be used, on a road-- 4 (a) an unregistered heavy vehicle; or 5 (b) a heavy vehicle whose registration is suspended under 6 the national regulations. 7 Maximum penalty--$10000. 8 (2) Subsection (1) does not apply to the use of an unregistered 9 heavy vehicle on a road if-- 10 (a) the vehicle is being used under an unregistered heavy 11 vehicle permit; or 12 (b) the use of the vehicle on the road is authorised under 13 Division 3. 14 Division 3 Authorised use of unregistered 15 heavy vehicle 16 31 Purpose of Div 3 17 The purpose of this Division is to state, for the purposes of 18 section 30(2)(b), the circumstances in which an unregistered 19 heavy vehicle is authorised to be used on a road. 20 32 Unregistered heavy vehicle on journey for obtaining 21 registration 22 (1) An unregistered heavy vehicle may be used on a road when-- 23 (a) any of the following apply-- 24 (i) it is on a journey to the nearest registration place 25 and is travelling on the most direct and convenient 26 route to the registration place from where the 27 journey began; 28 Page 119

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (ii) it is on a journey to the nearest registration place 1 by way of the nearest inspection place to the 2 registration place and is travelling on the most 3 direct and convenient route to the inspection place 4 from where the journey began; 5 (iii) it is on a journey to the nearest registration place 6 by way of the nearest inspection place from where 7 the journey began and is travelling on the most 8 direct and convenient route to the registration place 9 from the inspection place; and 10 (b) it does not have any goods in it; and 11 (c) the requirements (if any) of third party insurance 12 legislation applying to the vehicle are complied with. 13 (2) In this section-- 14 inspection place means a place where the heavy vehicle can 15 be taken for the purpose of inspecting or weighing the vehicle 16 for registration purposes. 17 registration place means a place where the heavy vehicle is 18 required to be taken for the purpose of obtaining registration 19 of the vehicle (whether or not it is also an inspection place). 20 33 Unregistered heavy vehicle temporarily in Australia 21 (1) An unregistered heavy vehicle may be used on a road if-- 22 (a) the vehicle-- 23 (i) is temporarily in Australia; and 24 (ii) is registered in a foreign country; and 25 (b) the foreign number plates and labels for the vehicle are 26 conspicuously displayed on the vehicle and in the way 27 (if any) required by a law of the foreign country; and 28 (c) so far as is reasonably practicable, the vehicle is used in 29 accordance with any conditions of the registration in the 30 foreign country; and 31 (d) the driver of the vehicle keeps in the driver's possession 32 proof of an applicable temporary admission carnet; and 33 Page 120

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (e) the requirements (if any) of third party insurance 1 legislation applying to the vehicle are complied with. 2 (2) In this section-- 3 foreign number plates and labels, for a heavy vehicle 4 registered in a foreign country, means the number plates and 5 labels required, under a law of the foreign country, to be 6 displayed on the vehicle if it is used on a road in the foreign 7 country. 8 temporary admission carnet means a document that is or is of 9 the same nature as a carnet de passages en douane, relating to 10 the presence in Australia of a heavy vehicle registered in a 11 foreign country. 12 34 Unregistered heavy vehicle used for short term only 13 (1) An unregistered heavy vehicle may be used on a road if-- 14 (a) a road authority has, under a law of a participating 15 jurisdiction, authorised the use of the vehicle on the road 16 for short-term purposes; and 17 (b) the short-term number plates for the vehicle are 18 conspicuously displayed on the vehicle in the way (if 19 any) required under that law; and 20 (c) the vehicle is used in accordance with any conditions 21 imposed by the road authority on the authorisation; and 22 (d) the requirements (if any) of third party insurance 23 legislation applying to the vehicle are complied with. 24 (2) In this section-- 25 short-term number plates, for a heavy vehicle authorised by a 26 road authority to be used on a road as mentioned in subsection 27 (1)(a), means the number plates (usually called `trade plates') 28 issued by the road authority and required under the law under 29 which the authorisation is given to be displayed on the vehicle 30 if it is used on a road under the authorisation. 31 Page 121

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 35 Unregistered heavy vehicle used locally only 1 (1) An unregistered heavy vehicle may be used on a road if-- 2 (a) the vehicle is on a journey between 2 parcels of land 3 used solely, or mainly, for primary production and is 4 travelling by the most direct or convenient route 5 between the places; and 6 (b) for any one use, the total distance travelled on a road is 7 not more than 500m; and 8 (c) the requirements (if any) of third party insurance 9 legislation applying to the vehicle are complied with. 10 (2) In this section-- 11 primary production means primary production for agriculture 12 or fishing. 13 36 Unregistered heavy vehicle that is an agricultural vehicle 14 An unregistered heavy vehicle may be used on a road if-- 15 (a) it is-- 16 (i) an agricultural implement being towed by-- 17 (A) an agricultural machine that is registered; or 18 (B) another registered heavy vehicle; or 19 (ii) an agricultural trailer being towed by-- 20 (A) an agricultural machine that is being used to 21 perform agricultural tasks for which it was 22 built and is registered; or 23 (B) a conditionally registered heavy vehicle; and 24 (b) the requirements (if any) of third party insurance 25 legislation applying to the vehicle are complied with. 26 37 Unregistered heavy vehicle being towed 27 An unregistered heavy vehicle may be used on a road if-- 28 (a) it is being lawfully towed by a tow truck; and 29 Page 122

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (b) the requirements (if any) of third party insurance 1 legislation applying to the vehicle are complied with. 2 38 Unregistered heavy vehicle to which exemption under Div 3 4 applies 4 An unregistered heavy vehicle may be used on a road if-- 5 (a) it is of a category of heavy vehicles exempted from the 6 requirement to be registered under Division 4; and 7 (b) it complies with, or is being used in compliance with, 8 any applicable conditions referred to in Division 4; and 9 (c) the requirements (if any) of third party insurance 10 legislation applying to the vehicle are complied with. 11 39 Driver to carry proof of compliance with third party 12 insurance legislation 13 (1) This section applies if use of an unregistered heavy vehicle in 14 any of the circumstances referred to in sections 32 to 38 is 15 dependent on compliance with the requirements of third party 16 insurance legislation applying to the vehicle. 17 (2) A person must not use, or permit to be used, the unregistered 18 heavy vehicle on a road in any of those circumstances if the 19 driver does not have in the driver's possession proof that the 20 requirements of third party insurance legislation applying to 21 the vehicle are complied with. 22 Maximum penalty--$3000. 23 Page 123

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Division 4 Exemption from requirement to be 1 registered 2 Subdivision 1 Exemption by Regulator 3 40 Regulator's power to exempt category of heavy vehicles 4 from requirement to be registered 5 (1) The Regulator may, by Commonwealth Gazette notice 6 complying with section 44, exempt a category of heavy 7 vehicles from the requirement to be registered, for a period of 8 not more than 1 year. 9 (2) An exemption under subsection (1) is a registration 10 exemption. 11 41 Restriction on grant of registration exemption 12 (1) The Regulator may grant a registration exemption under this 13 Subdivision only if the Regulator is satisfied-- 14 (a) it is not reasonable to require heavy vehicles of the 15 category to be registered; and 16 (b) the use of heavy vehicles of the category on a road 17 without being registered will not pose a significant 18 safety risk. 19 (2) In deciding whether to grant a registration exemption, the 20 Regulator must have regard to the approved guidelines for 21 granting registration exemptions. 22 42 Conditions of registration exemption 23 A registration exemption under this Subdivision may be 24 subject to any conditions the Regulator considers appropriate, 25 including, for example, 1 or more of the following 26 conditions-- 27 (a) that a heavy vehicle may be used on a road under the 28 exemption only-- 29 Page 124

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (i) on stated routes; or 1 (ii) during stated hours of stated days; 2 (b) that the driver of a heavy vehicle who is driving the 3 vehicle on a road under the exemption must keep in the 4 driver's possession-- 5 (i) a copy of the Commonwealth Gazette notice for 6 the exemption; or 7 (ii) an information sheet about the exemption 8 published by the Regulator on the Regulator's 9 website; 10 (c) that stated signs or other things must be displayed on a 11 heavy vehicle being used on a road under the exemption. 12 43 Period for which registration exemption applies 13 A registration exemption under this Subdivision-- 14 (a) takes effect-- 15 (i) when the Commonwealth Gazette notice for the 16 exemption is published; or 17 (ii) if a later time is stated in the Commonwealth 18 Gazette notice, at the later time; and 19 (b) applies for the period stated in the Commonwealth 20 Gazette notice. 21 44 Requirements about Commonwealth Gazette notice 22 (1) A Commonwealth Gazette notice for a registration exemption 23 under this Subdivision must state the following-- 24 (a) the category of heavy vehicles to which the exemption 25 applies; 26 (b) the conditions of the exemption; 27 (c) the period for which the exemption applies. 28 (2) The Regulator must publish a copy of the Commonwealth 29 Gazette notice on the Regulator's website. 30 Page 125

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 45 Amendment or cancellation of registration exemption 1 (1) Each of the following is a ground for amending or cancelling 2 a registration exemption granted under this Subdivision-- 3 (a) the use of heavy vehicles on a road under the exemption 4 has caused, or is likely to cause, a significant safety risk; 5 (b) since the exemption was granted, there has been a 6 change in the circumstances that were relevant to the 7 Regulator's decision to grant the exemption and, had the 8 changed circumstances existed when the exemption was 9 granted, the Regulator would not have granted the 10 exemption, or would have granted the exemption subject 11 to conditions or different conditions. 12 (2) If the Regulator considers a ground exists to amend or cancel 13 a registration exemption, the Regulator may amend or cancel 14 the exemption by complying with subsections (3) to (5). 15 (3) The Regulator must publish a notice in the Commonwealth 16 Gazette, in a newspaper circulating generally throughout each 17 participating jurisdiction and on the Regulator's website-- 18 (a) stating that the Regulator believes a ground mentioned 19 in subsection (1)(a) or (b) for amending or cancelling 20 the exemption exists; and 21 (b) outlining the facts and circumstances forming the basis 22 for the belief; and 23 (c) stating the action the Regulator is proposing to take 24 under this section (the proposed action); and 25 (d) inviting persons who will be affected by the proposed 26 action to make, within a stated time of at least 14 days 27 after the Commonwealth Gazette notice is published, 28 written representations about why the proposed action 29 should not be taken. 30 (4) If, after considering all written representations made under 31 subsection (3)(d), the Regulator still considers a ground exists 32 to take the proposed action, the Regulator may-- 33 (a) if the proposed action was to amend the 34 exemption--amend the exemption, including, for 35 example, by imposing additional conditions on the 36 Page 126

Heavy Vehicle National Law Amendment Bill 2012 [s 12] exemption, in a way that is not substantially different 1 from the proposed action; or 2 (b) if the proposed action was to cancel the exemption-- 3 (i) amend the exemption, including, for example, by 4 imposing additional conditions on the exemption; 5 or 6 (ii) cancel the exemption. 7 (5) Notice of the amendment or cancellation must be published-- 8 (a) in-- 9 (i) the Commonwealth Gazette; and 10 (ii) a newspaper circulating generally throughout each 11 participating jurisdiction; and 12 (b) on the Regulator's website. 13 (6) The amendment or cancellation takes effect-- 14 (a) 28 days after the Commonwealth Gazette notice is 15 published; or 16 (b) if a later time is stated in the Commonwealth Gazette 17 notice, at the later time. 18 46 Immediate suspension 19 (1) This section applies if the Regulator considers it is necessary 20 to suspend a registration exemption granted under this 21 Subdivision immediately to prevent or minimise serious harm 22 to public safety or significant damage to road infrastructure. 23 (2) The Regulator may, by publishing a notice as mentioned in 24 subsection (3) (immediate suspension notice), immediately 25 suspend the exemption until the earliest of the following-- 26 (a) the Regulator publishes a notice under section 45(5) and 27 the amendment or cancellation takes effect under 28 section 45(6); 29 (b) the Regulator cancels the suspension; 30 (c) the end of 56 days after the day the immediate 31 suspension notice is published. 32 Page 127

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (3) The immediate suspension notice, and (where relevant) notice 1 of the cancellation of the suspension, must be published-- 2 (a) in-- 3 (i) the Commonwealth Gazette; and 4 (ii) a newspaper circulating generally throughout each 5 relevant participating jurisdiction; and 6 (b) on the Regulator's website; and 7 (c) in any other newspaper the Regulator considers 8 appropriate. 9 Example for the purposes of paragraph (c)-- 10 If the exemption relates to a particular part of a participating 11 jurisdiction, the Regulator may consider it appropriate to publish 12 the notice in a newspaper circulating generally in the part. 13 (4) The suspension, and (where relevant) the cancellation of the 14 suspension, takes effect immediately after the Commonwealth 15 Gazette notice is published under subsection (3). 16 (5) This section applies despite section 45. 17 (6) In this section-- 18 relevant participating jurisdiction, for an exemption granted 19 under this Subdivision, means a participating jurisdiction in 20 which the whole or part of an area or route to which the 21 exemption applies is situated. 22 Subdivision 2 Exemption by national regulations 23 47 National regulations exempting heavy vehicles from 24 requirement to be registered 25 (1) The national regulations may provide for the exemption of 26 heavy vehicles from the requirement to be registered. 27 (2) An exemption under subsection (1) is a registration 28 exemption. 29 (3) Without limiting subsection (1), the national regulations may 30 prescribe matters about-- 31 Page 128

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) the registration exemptions for categories of heavy 1 vehicles; and 2 (b) the amendment, suspension or cancellation of 3 registration exemptions; and 4 (c) the imposition, amendment or cancellation of the 5 conditions (if any) to which a registration exemption is 6 subject, whether any such condition is stated in, or is of 7 a kind authorised to be made under, the national 8 regulations. 9 Part 2.3 Vehicle register 10 48 Vehicle register 11 (1) The Regulator must keep a register of heavy vehicles (the 12 vehicle register) that enables the identification of a heavy 13 vehicle used on a road and of the person who is responsible 14 for it. 15 (2) The vehicle register must-- 16 (a) be kept in the way prescribed by the national 17 regulations; and 18 (b) contain the particulars prescribed by the national 19 regulations. 20 (3) The Regulator may include in the vehicle register other 21 information the Regulator considers reasonable and relevant 22 to the purposes of this Law. 23 Page 129

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Part 2.4 Other provisions relating to 1 registration 2 49 Ownership of registration items 3 A registration item issued by the Regulator remains the 4 property of the Regulator. 5 50 Obtaining registration or registration items by false 6 statements etc. 7 (1) A person must not attempt to have a heavy vehicle registered, 8 or to have the registration of a heavy vehicle renewed or 9 transferred, or to be issued with an unregistered heavy vehicle 10 permit, under this Law-- 11 (a) by making a statement or representation the person 12 knows is false or misleading in a material particular; or 13 (b) in another dishonest way. 14 Maximum penalty--$10000. 15 (2) A person must not, without a reasonable excuse, possess a 16 registration item obtained-- 17 (a) by making a statement or representation the person 18 knows is false or misleading in a material particular; or 19 (b) in another dishonest way. 20 Maximum penalty--$10000. 21 (3) The registration of a heavy vehicle is void if a person 22 contravenes subsection (1) in relation to the registration or the 23 renewal or transfer of the registration of the vehicle. 24 (4) A registration item is void if a person contravenes subsection 25 (2) in relation to obtaining the item. 26 51 Replacement and recovery of certain registration items 27 (1) This section applies if the Regulator is reasonably satisfied a 28 registration item (the relevant item) issued by the Regulator 29 Page 130

Heavy Vehicle National Law Amendment Bill 2012 [s 12] for the purposes of this Law is incorrect, is a duplicate, is of 1 poor quality or is difficult to read. 2 (2) The Regulator may cancel the relevant item and, if the 3 Regulator considers it is appropriate-- 4 (a) issue a replacement registration item to the registered 5 operator of the heavy vehicle; or 6 (b) by notice, require the registered operator of the heavy 7 vehicle to return the relevant item to the Regulator. 8 (3) A person who is given a notice under subsection (2)(b) must 9 comply with the notice, unless the person has a reasonable 10 excuse. 11 Maximum penalty--$4000. 12 52 Verification of particular records 13 (1) This section applies in relation to a heavy vehicle-- 14 (a) registered under this Law; or 15 (b) the subject of an unregistered heavy vehicle permit. 16 (2) The Regulator may, by notice, require a registered operator of 17 the heavy vehicle or the holder of an unregistered heavy 18 vehicle permit for the vehicle-- 19 (a) to produce documents about, or otherwise verify, a 20 matter about the vehicle included in the vehicle register 21 or other records kept by the Regulator for the purposes 22 of this Law; or 23 (b) at a stated reasonable time and place, to-- 24 (i) present the heavy vehicle for inspection by the 25 Regulator; or 26 (ii) personally attend on the Regulator for 27 identification purposes. 28 (3) Without limiting subsection (2)(a), the Regulator may require 29 the production of documents or other verification relating to 30 any of the following-- 31 Page 131

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) the identity, description or condition of the heavy 1 vehicle; 2 (b) the origin or history of the heavy vehicle; 3 (c) the identity and address of the operator of the heavy 4 vehicle; 5 (d) the garage address of the heavy vehicle; 6 (e) the currency of any compulsory third party insurance 7 required for the heavy vehicle under third party 8 insurance legislation. 9 (4) A person given a notice under subsection (2) must comply 10 with the notice, unless the person has a reasonable excuse. 11 Maximum penalty--$3000. 12 Part 2.5 Written-off and wrecked heavy 13 vehicles 14 53 Purpose of Pt 2.5 15 The purpose of this Part is to provide for the collection and 16 recording of information about written-off or wrecked heavy 17 vehicles to ensure a previously written-off or wrecked heavy 18 vehicle is registered only if-- 19 (a) the identity of the vehicle and its operator is certain; and 20 (b) the vehicle is safe. 21 54 Definitions for Pt 2.5 22 In this Part-- 23 insurer means a body corporate authorised under the 24 Insurance Act 1973 of the Commonwealth to carry on 25 insurance business. 26 wrecked, for a heavy vehicle, means the vehicle is-- 27 Page 132

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) demolished or dismantled; or 1 (b) in a state or condition prescribed by the national 2 regulations. 3 written-off, for a heavy vehicle, means the vehicle can not 4 reasonably be expected to be repaired, including because-- 5 (a) an insurer has decided the vehicle should not be 6 repaired; or 7 (b) the vehicle is in a state or condition prescribed by the 8 national regulations. 9 55 Written-off and wrecked heavy vehicles register 10 (1) The Regulator must keep a register of written-off and wrecked 11 heavy vehicles (the written-off and wrecked vehicles 12 register). 13 (2) The written-off and wrecked vehicles register must-- 14 (a) be kept in the way prescribed by the national 15 regulations; and 16 (b) contain the particulars prescribed by the national 17 regulations, to the extent the particulars apply, for each 18 heavy vehicle that is written-off or wrecked. 19 (3) The Regulator may include in the written-off and wrecked 20 vehicles register other information the Regulator considers 21 reasonable and relevant to the purpose of this Part. 22 (4) The national regulations may provide for-- 23 (a) the written-off and wrecked vehicles register to be kept 24 in a form allowing other entities to make entries in it, 25 and the making of the entries; and 26 (b) access to the written-off and wrecked vehicles register 27 by particular entities, with or without conditions; and 28 (c) the giving of information contained in the written-off 29 and wrecked vehicles register to particular entities, with 30 or without conditions; and 31 (d) creating an offence of driving written-off and wrecked 32 heavy vehicles; and 33 Page 133

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (e) notifying the Regulator about written-off and wrecked 1 heavy vehicles. 2 Part 2.6 Other provisions 3 56 Regulator may specify GCM in particular circumstances 4 (1) This section applies if-- 5 (a) under the national regulations, a person applies for-- 6 (i) the registration or the renewal of the registration of 7 a heavy motor vehicle; or 8 (ii) an unregistered heavy vehicle permit for a heavy 9 motor vehicle; and 10 (b) the total maximum loaded mass of the heavy motor 11 vehicle and any vehicles it may lawfully tow at any 12 given time-- 13 (i) is not stated by the heavy motor vehicle's 14 manufacturer on the vehicle's identification plate 15 or another place on the vehicle; or 16 (ii) is stated as mentioned in subparagraph (i) but is no 17 longer appropriate because the vehicle has been 18 modified since the total maximum loaded mass 19 was stated as mentioned in subparagraph (i). 20 (2) The Regulator may specify the total maximum loaded mass 21 for the heavy motor vehicle and any vehicles it may lawfully 22 tow at any given time for the purposes of this Law. 23 Note-- 24 Under the national regulations-- 25 (a) if the Regulator registers a heavy motor vehicle, the Regulator 26 must give the registered operator a certificate of registration, 27 and a registration label, for the vehicle stating the vehicle's 28 GCM, and record the vehicle's GCM in the vehicle register; and 29 (b) if the Regulator issues an unregistered heavy vehicle permit for 30 a heavy motor vehicle, the permit must state the vehicle's GCM, 31 Page 134

Heavy Vehicle National Law Amendment Bill 2012 [s 12] and the Regulator must record the vehicle's GCM in the vehicle 1 register. 2 57 Regulator may specify GVM in particular circumstances 3 (1) This section applies if-- 4 (a) under the national regulations, a person applies for-- 5 (i) the registration or the renewal of the registration of 6 a heavy vehicle; or 7 (ii) an unregistered heavy vehicle permit for a heavy 8 vehicle; and 9 (b) either the vehicle does not have an identification plate or 10 the vehicle's maximum loaded mass-- 11 (i) is not stated on the vehicle's identification plate; or 12 (ii) is stated on the vehicle's identification plate but is 13 no longer appropriate because the vehicle has been 14 modified since the maximum loaded mass was 15 stated on the vehicle's identification plate. 16 (2) The Regulator may specify the vehicle's maximum loaded 17 mass for the purposes of this Law. 18 Note-- 19 Under the national regulations-- 20 (a) if the Regulator registers a heavy vehicle, the Regulator must 21 give the registered operator a certificate of registration, and a 22 registration label, for the vehicle stating the vehicle's GVM, and 23 record the vehicle's GVM in the vehicle register; and 24 (b) if the Regulator issues an unregistered heavy vehicle permit for 25 a heavy vehicle, the permit must state the vehicle's GVM, and 26 the Regulator must record the vehicle's GVM in the vehicle 27 register. 28 Page 135

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Chapter 3 Vehicle 1 operations--standards and 2 safety 3 Part 3.1 Preliminary 4 58 Main purpose of Ch 3 5 The main purpose of this Chapter is to ensure heavy vehicles 6 used on roads are of a standard and in a condition that 7 prevents or minimises safety risks. 8 Part 3.2 Compliance with heavy vehicle 9 standards 10 Division 1 Requirements 11 59 Heavy vehicle standards 12 (1) The national regulations may prescribe vehicle standards 13 (heavy vehicle standards) with which heavy vehicles must 14 comply to use roads. 15 (2) Without limiting subsection (1), the heavy vehicle standards 16 may include requirements applying to-- 17 (a) heavy vehicles; or 18 (b) components of heavy vehicles, including component 19 vehicles that are not heavy vehicles; or 20 (c) equipment of heavy vehicles. 21 (3) The national regulations may prescribe exemptions or 22 different requirements for component vehicles that are not 23 heavy vehicles. 24 Page 136

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 60 Compliance with heavy vehicle standards 1 (1) A person must not use, or permit to be used, on a road a heavy 2 vehicle that contravenes a heavy vehicle standard applying to 3 the vehicle. 4 Maximum penalty-- 5 (a) $3000, except as provided in paragraph (b); or 6 (b) $6000, for contravention of a heavy vehicle standard 7 relating to a speed limiter. 8 (2) Subsection (1) does not apply to-- 9 (a) a heavy vehicle that-- 10 (i) is on a journey to a place for the repair of the 11 vehicle, or any of its components or equipment, 12 and is travelling on the most direct or convenient 13 route to that place from the place where the 14 journey began; and 15 Note for the purposes of subparagraph (i)-- 16 The subparagraph does not operate to exempt a person 17 from complying with the requirements of a vehicle defect 18 notice applying to the vehicle. 19 (ii) does not have any goods in it; and 20 (iii) is used on a road in a way that does not pose a 21 safety risk; or 22 (b) a heavy vehicle that-- 23 (i) is on a road for testing or analysis of the vehicle, or 24 any of its components or equipment, by an 25 approved vehicle examiner for the purpose of 26 checking its compliance with the heavy vehicle 27 standards; and 28 (ii) does not have any passengers in it; and 29 (iii) does not have any goods in it, unless-- 30 (A) it has a quantity of goods that is necessary or 31 appropriate for the conduct of the testing or 32 analysis; and 33 Page 137

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (B) without limiting subparagraph (iv), there are 1 no reasonable grounds to believe the vehicle 2 laden with those goods poses a significant 3 safety risk; and 4 (iv) is used on a road in a way that does not pose a 5 safety risk. 6 (3) A person does not commit an offence against subsection (1) in 7 relation to a heavy vehicle's noncompliance with a heavy 8 vehicle standard if, and to the extent, the noncompliance 9 relates to a noncompliance known to the Regulator when the 10 vehicle was registered under the national regulations. 11 (4) For the purposes of subsection (3), the Regulator is taken to 12 know of a heavy vehicle's noncompliance with a heavy 13 vehicle standard when the vehicle was registered under the 14 national regulations if the noncompliance is mentioned in-- 15 (a) an operations plate that was installed on the vehicle 16 when it was registered; or 17 (b) a certificate of approved operations issued for the 18 vehicle and in force when the vehicle was registered; or 19 (c) a document obtained by the Regulator under the national 20 regulations in connection with the registration of the 21 vehicle. 22 (5) Subsection (3) applies only if the heavy vehicle, and its use on 23 a road, complies with the conditions of the registration. 24 (6) If a PBS vehicle is exempt from vehicle standards stated in its 25 PBS vehicle approval but it complies with the other applicable 26 vehicle standards, the vehicle is regarded for the purposes of 27 this Law as complying with the vehicle standards applying to 28 the vehicle. 29 Note-- 30 See also section 81(4) to (6) for the effect of a vehicle standards 31 exemption on compliance with subsection (1). 32 Page 138

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Division 2 Exemptions by Commonwealth 1 Gazette notice 2 61 Regulator's power to exempt category of heavy vehicles 3 from compliance with heavy vehicle standard 4 (1) The Regulator may, by Commonwealth Gazette notice 5 complying with section 65, exempt, for a period of not more 6 than 5 years, a category of heavy vehicles from the 7 requirement to comply with a heavy vehicle standard. 8 (2) An exemption under subsection (1) is a vehicle standards 9 exemption (notice). 10 62 Restriction on grant of vehicle standards exemption 11 (notice) 12 (1) The Regulator may grant a vehicle standards exemption 13 (notice) for a category of heavy vehicles only if-- 14 (a) 1 of the following applies-- 15 (i) the Regulator is satisfied complying with the heavy 16 vehicle standard to which the exemption is to apply 17 would prevent heavy vehicles of that category from 18 operating in the way in which, or for the purpose 19 for which, the vehicles were built or modified; 20 (ii) the Regulator is satisfied heavy vehicles of that 21 category are experimental vehicles, prototypes or 22 similar vehicles that could not reasonably be 23 expected to comply with the heavy vehicle 24 standard to which the exemption is to apply; 25 (iii) the exemption has been requested by a road 26 authority for a participating jurisdiction for the use 27 of heavy vehicles of that category in that 28 jurisdiction; 29 (iv) the category of heavy vehicles consists of heavy 30 vehicles that, immediately before the 31 commencement of this section in a participating 32 Page 139

Heavy Vehicle National Law Amendment Bill 2012 [s 12] jurisdiction, were not required to comply with a 1 similar standard at that time and were-- 2 (A) registered under an Australian road law of 3 that jurisdiction and not required to comply 4 with a similar standard at that time; or 5 (B) operating under an unregistered heavy 6 vehicle permit or exemption from 7 registration (however described) granted or 8 issued under an Australian road law of that 9 jurisdiction; 10 (v) the category of heavy vehicles consists of heavy 11 vehicles referred to in the national regulations for 12 the purposes of this subparagraph; and 13 (b) the Regulator is satisfied the use of heavy vehicles of the 14 category to which the exemption is to apply on a road 15 under the exemption will not pose a significant safety 16 risk. 17 (2) In deciding whether to grant a vehicle standards exemption 18 (notice), the Regulator must have regard to the approved 19 guidelines for granting vehicle standards exemptions. 20 (3) The national regulations may prescribe additional 21 requirements or restrictions regarding the granting of a 22 vehicle standards exemption (notice). 23 63 Conditions of vehicle standards exemption (notice) 24 A vehicle standards exemption (notice) may be subject to any 25 conditions the Regulator considers appropriate, including, for 26 example-- 27 (a) conditions about protecting road infrastructure from 28 damage; and 29 (b) a condition that the driver of a heavy vehicle who is 30 driving the vehicle under the exemption must keep in the 31 driver's possession a copy of-- 32 (i) the Commonwealth Gazette notice for the 33 exemption; or 34 Page 140

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (ii) an information sheet about the exemption 1 published by the Regulator on the Regulator's 2 website. 3 64 Period for which vehicle standards exemption (notice) 4 applies 5 A vehicle standards exemption (notice)-- 6 (a) takes effect-- 7 (i) when the Commonwealth Gazette notice for the 8 exemption is published; or 9 (ii) if a later time is stated in the Commonwealth 10 Gazette notice, at the later time; and 11 (b) applies for the period stated in the Commonwealth 12 Gazette notice. 13 65 Requirements about Commonwealth Gazette notice 14 (1) A Commonwealth Gazette notice for a vehicle standards 15 exemption (notice) must state the following-- 16 (a) the category of heavy vehicles to which the exemption 17 applies; 18 (b) the heavy vehicle standard to which the exemption 19 applies; 20 (c) the conditions of the exemption; 21 (d) the period for which the exemption applies. 22 (2) The Regulator must publish a copy of the Commonwealth 23 Gazette notice on the Regulator's website. 24 66 Amendment or cancellation of vehicle standards 25 exemption (notice) 26 (1) Each of the following is a ground for amending or cancelling 27 a vehicle standards exemption (notice)-- 28 (a) the use of heavy vehicles on a road under the exemption 29 has caused, or is likely to cause, a significant safety risk; 30 Page 141

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (b) since the exemption was granted, there has been a 1 change in circumstances that were relevant to the 2 Regulator's decision to grant the exemption and, had the 3 changed circumstances existed when the exemption was 4 granted, the Regulator would not have granted the 5 exemption, or would have granted the exemption subject 6 to conditions or different conditions. 7 (2) If the Regulator considers a ground exists to amend or cancel 8 a vehicle standards exemption (notice), the Regulator may 9 amend or cancel the exemption by complying with 10 subsections (3) to (5). 11 (3) The Regulator must publish a notice in the Commonwealth 12 Gazette, in a newspaper circulating generally throughout each 13 participating jurisdiction and on the Regulator's website-- 14 (a) stating that the Regulator believes a ground mentioned 15 in subsection (1)(a) or (b) for amending or cancelling 16 the exemption exists; and 17 (b) outlining the facts and circumstances forming the basis 18 for the belief; and 19 (c) stating the action the Regulator is proposing to take 20 under this section (the proposed action); and 21 (d) inviting persons who will be affected by the proposed 22 action to make, within a stated time of at least 14 days 23 after the Commonwealth Gazette notice is published, 24 written representations about why the proposed action 25 should not be taken. 26 (4) If, after considering all written representations made under 27 subsection (3)(d), the Regulator still considers a ground exists 28 to take the proposed action, the Regulator may-- 29 (a) if the proposed action was to amend the 30 exemption--amend the exemption, including, for 31 example, by imposing additional conditions on the 32 exemption, in a way that is not substantially different 33 from the proposed action; or 34 (b) if the proposed action was to cancel the exemption-- 35 Page 142

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (i) amend the exemption, including, for example, by 1 imposing additional conditions on the exemption; 2 or 3 (ii) cancel the exemption. 4 (5) Notice of the amendment or cancellation must be published-- 5 (a) in-- 6 (i) the Commonwealth Gazette; and 7 (ii) a newspaper circulating generally throughout each 8 participating jurisdiction; and 9 (b) on the Regulator's website. 10 (6) The amendment or cancellation takes effect-- 11 (a) 28 days after the Commonwealth Gazette notice is 12 published; or 13 (b) if a later time is stated in the Commonwealth Gazette 14 notice, at the later time. 15 67 Immediate suspension on Regulator's initiative 16 (1) This section applies if the Regulator considers it is necessary 17 to suspend a vehicle standards exemption (notice) 18 immediately to prevent or minimise serious harm to public 19 safety or significant damage to road infrastructure. 20 (2) The Regulator may, by publishing a notice as mentioned in 21 subsection (3) (immediate suspension notice), immediately 22 suspend the exemption until the earliest of the following-- 23 (a) the Regulator publishes a notice under section 66(5) and 24 the amendment or cancellation takes effect under 25 section 66(6); 26 (b) the Regulator cancels the suspension; 27 (c) the end of 56 days after the day the immediate 28 suspension notice is published. 29 (3) The immediate suspension notice, and (where relevant) notice 30 of the cancellation of the suspension, must be published-- 31 (a) in-- 32 Page 143

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (i) the Commonwealth Gazette; and 1 (ii) a newspaper circulating generally throughout each 2 participating jurisdiction; and 3 (b) on the Regulator's website. 4 (4) The suspension, and (where relevant) the cancellation of the 5 suspension, takes effect immediately after the Commonwealth 6 Gazette notice is published under subsection (3). 7 (5) This section applies despite section 66. 8 Division 3 Exemptions by permit 9 68 Regulator's power to exempt particular heavy vehicle 10 from compliance with heavy vehicle standard 11 (1) The Regulator may, by giving a person a permit as mentioned 12 in section 73, exempt a heavy vehicle from compliance with a 13 heavy vehicle standard for a period of not more than 3 years. 14 (2) An exemption under subsection (1) is a vehicle standards 15 exemption (permit). 16 (3) A vehicle standards exemption (permit) may apply to 1 or 17 more heavy vehicles. 18 69 Application for vehicle standards exemption (permit) 19 (1) A person may apply to the Regulator for a vehicle standards 20 exemption (permit). 21 (2) The application must be-- 22 (a) in the approved form; and 23 (b) accompanied by the prescribed fee for the application. 24 (3) The Regulator may, by notice given to the applicant for a 25 vehicle standards exemption (permit), require the applicant to 26 give the Regulator any additional information the Regulator 27 reasonably requires to decide the application. 28 Page 144

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 70 Restriction on grant of vehicle standards exemption 1 (permit) 2 (1) The Regulator may grant a vehicle standards exemption 3 (permit) for a heavy vehicle only if-- 4 (a) 1 of the following applies-- 5 (i) the Regulator is satisfied complying with the heavy 6 vehicle standard to which the exemption is to apply 7 would prevent the heavy vehicle from operating in 8 the way in which, or for the purpose for which, the 9 vehicle was built or modified; 10 (ii) the Regulator is satisfied the heavy vehicle is an 11 experimental vehicle, prototype or similar vehicle 12 that could not reasonably be expected to comply 13 with the heavy vehicle standard to which the 14 exemption is to apply; 15 (iii) the heavy vehicle, immediately before the 16 commencement of this section in a participating 17 jurisdiction, was not required to comply with a 18 similar standard at that time and was-- 19 (A) registered under an Australian road law of 20 that jurisdiction; or 21 (B) operating under an unregistered heavy 22 vehicle permit or exemption from 23 registration (however described) granted or 24 issued under an Australian road law of that 25 jurisdiction; and 26 (b) the Regulator is satisfied the use of the heavy vehicle on 27 a road under the exemption will not pose a significant 28 safety risk. 29 (2) In deciding whether to grant a vehicle standards exemption 30 (permit), the Regulator must have regard to the approved 31 guidelines for granting vehicle standards exemptions. 32 71 Conditions of vehicle standards exemption (permit) 33 A vehicle standards exemption (permit) may be subject to any 34 conditions the Regulator considers appropriate, including, for 35 Page 145

Heavy Vehicle National Law Amendment Bill 2012 [s 12] example, a condition about protecting road infrastructure from 1 damage. 2 72 Period for which vehicle standards exemption (permit) 3 applies 4 (1) A vehicle standards exemption (permit) applies for the period 5 stated in the permit for the exemption. 6 (2) The period may be less than the period sought by the applicant 7 for the vehicle standards exemption (permit). 8 73 Permit for vehicle standards exemption (permit) etc. 9 (1) If the Regulator grants a vehicle standards exemption (permit) 10 to a person, the Regulator must give the person-- 11 (a) a permit for the exemption; and 12 (b) if the Regulator has imposed conditions on the 13 exemption under section 71 or has granted the 14 exemption for a period less than the period of not more 15 than 3 years sought by the person--an information 16 notice for the decision to impose the conditions or grant 17 the exemption for the shorter period. 18 (2) A permit for a vehicle standards exemption (permit) must 19 state the following-- 20 (a) the name of the person to whom the permit is given; 21 (b) each heavy vehicle to which the exemption applies, 22 including the registration number of the vehicle if 23 known when the permit is given; 24 (c) the heavy vehicle standard to which the exemption 25 applies; 26 (d) the conditions of the exemption; 27 (e) the period for which the exemption applies. 28 Page 146

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 74 Refusal of application for vehicle standards exemption 1 (permit) 2 If the Regulator refuses an application for a vehicle standards 3 exemption (permit), the Regulator must give the applicant an 4 information notice for the decision to refuse the application. 5 75 Amendment or cancellation of vehicle standards 6 exemption (permit) on application by permit holder 7 (1) The holder of a permit for a vehicle standards exemption 8 (permit) may apply to the Regulator for an amendment or 9 cancellation of the exemption. 10 (2) The application must-- 11 (a) be in the approved form; and 12 (b) be accompanied by the prescribed fee for the 13 application; and 14 (c) if the application is for an amendment--state clearly the 15 amendment sought and the reasons for the amendment; 16 and 17 (d) be accompanied by the permit. 18 (3) The Regulator may, by notice given to the applicant, require 19 the applicant to give the Regulator any additional information 20 the Regulator reasonably requires to decide the application. 21 (4) The Regulator must decide the application as soon as 22 practicable after receiving it. 23 (5) If the Regulator decides to grant the application-- 24 (a) the Regulator must give the applicant notice of the 25 decision; and 26 (b) the amendment or cancellation takes effect-- 27 (i) when notice of the decision is given to the 28 applicant; or 29 (ii) if a later time is stated in the notice, at the later 30 time; and 31 Page 147

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (c) if the Regulator amended the exemption, the Regulator 1 must give the applicant a replacement permit for the 2 exemption as amended. 3 (6) If the Regulator decides not to amend or cancel the exemption 4 as sought by the applicant, the Regulator must-- 5 (a) give the applicant an information notice for the decision; 6 and 7 (b) return the permit for the exemption to the applicant. 8 76 Amendment or cancellation of vehicle standards 9 exemption (permit) on Regulator's initiative 10 (1) Each of the following is a ground for amending or cancelling 11 a vehicle standards exemption (permit)-- 12 (a) the exemption was granted because of a document or 13 representation that was-- 14 (i) false or misleading; or 15 (ii) obtained or made in an improper way; 16 (b) the holder of the permit for the exemption has 17 contravened a condition of the exemption; 18 (c) the use of a heavy vehicle on a road under the exemption 19 has caused, or is likely to cause, a significant safety risk; 20 (d) since the exemption was granted, there has been change 21 in the circumstances that were relevant to the 22 Regulator's decision to grant the exemption and, had the 23 changed circumstances existed when the exemption was 24 granted, the Regulator would not have granted the 25 exemption, or would have granted the exemption subject 26 to conditions or different conditions. 27 (2) If the Regulator considers a ground exists to amend or cancel 28 a vehicle standards exemption (permit) (the proposed action), 29 the Regulator must give the holder of the permit for the 30 exemption a notice-- 31 (a) stating the proposed action; and 32 (b) stating the ground for the proposed action; and 33 Page 148

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (c) outlining the facts and circumstances forming the basis 1 for the ground; and 2 (d) if the proposed action is to amend the exemption 3 (including a condition of the exemption)--stating the 4 proposed amendment; and 5 (e) inviting the holder to make, within a stated time of at 6 least 14 days after the notice is given to the holder, 7 written representations about why the proposed action 8 should not be taken. 9 (3) If, after considering all written representations made under 10 subsection (2)(e), the Regulator still considers a ground exists 11 to take the proposed action, the Regulator may-- 12 (a) if the proposed action was to amend the 13 exemption--amend the exemption, including, for 14 example, by imposing additional conditions on the 15 exemption, in a way that is not substantially different 16 from the proposed action; or 17 (b) if the proposed action was to cancel the exemption-- 18 (i) amend the exemption, including, for example, by 19 imposing additional conditions on the exemption; 20 or 21 (ii) cancel the exemption. 22 (4) The Regulator must give the holder an information notice for 23 the decision to amend or cancel the exemption. 24 (5) The amendment or cancellation takes effect-- 25 (a) when the information notice is given to the holder; or 26 (b) if a later time is stated in the information notice, at the 27 later time. 28 77 Immediate suspension on Regulator's initiative 29 (1) This section applies if the Regulator considers it is necessary 30 to suspend a vehicle standards exemption (permit) 31 immediately to prevent or minimise serious harm to public 32 safety or significant damage to road infrastructure. 33 Page 149

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (2) The Regulator may, by notice (immediate suspension notice) 1 given to the person to whom the permit was given, 2 immediately suspend the exemption until the earliest of the 3 following-- 4 (a) the Regulator gives the person an information notice 5 under section 76(4) and the amendment or cancellation 6 takes effect under section 76(5); 7 (b) the Regulator cancels the suspension; 8 (c) the end of 56 days after the day the immediate 9 suspension notice is given to the person. 10 (3) This section applies despite sections 75 and 76. 11 78 Minor amendment of vehicle standards exemption 12 (permit) 13 The Regulator may, by notice given to the holder of a permit 14 for a vehicle standards exemption (permit), amend the 15 exemption in a minor respect-- 16 (a) for a formal or clerical reason; or 17 (b) in another way that does not adversely affect the 18 holder's interests. 19 79 Return of permit 20 (1) If a person's vehicle standards exemption (permit) is amended 21 or cancelled, the Regulator may, by notice, require the person 22 to return the person's permit for the exemption to the 23 Regulator. 24 (2) The person must comply with the notice within 7 days after 25 the notice is given to the person or, if a longer period is stated 26 in the notice, within the longer period. 27 Maximum penalty--$4000. 28 (3) If the exemption has been amended, the Regulator must give 29 the person a replacement permit for the exemption as 30 amended. 31 Page 150

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 80 Replacement of defaced etc. permit 1 (1) If a person's permit for a vehicle standards exemption (permit) 2 is defaced, destroyed, lost or stolen, the person must, as soon 3 as reasonably practicable after becoming aware of the matter, 4 apply to the Regulator for a replacement permit. 5 Maximum penalty--$4000. 6 (2) If the Regulator is satisfied the permit has been defaced, 7 destroyed, lost or stolen, the Regulator must give the person a 8 replacement permit as soon as practicable. 9 (3) If the Regulator decides not to give the person a replacement 10 permit, the Regulator must give the person an information 11 notice for the decision. 12 (4) Subsection (1) does not apply to a vehicle standards 13 exemption (permit) for which an application to cancel the 14 permit has been made and is pending determination. 15 Division 4 Operating under vehicle standards 16 exemption 17 81 Contravening condition of vehicle standards exemption 18 (1) A person must not contravene a condition of a vehicle 19 standards exemption. 20 Maximum penalty--$3000. 21 (2) A person must not use, or permit to be used, on a road a heavy 22 vehicle that contravenes a condition of a vehicle standards 23 exemption applying to the vehicle. 24 Maximum penalty--$3000. 25 (3) A person must not use a heavy vehicle, or permit a heavy 26 vehicle to be used, on a road in a way that contravenes a 27 condition of a vehicle standards exemption applying to the 28 vehicle. 29 Maximum penalty--$3000. 30 Page 151

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (4) A person does not commit an offence against this Law in 1 relation to a heavy vehicle contravening a heavy vehicle 2 standard if-- 3 (a) the heavy vehicle is exempt, under a vehicle standards 4 exemption, from compliance with the heavy vehicle 5 standard; and 6 (b) the heavy vehicle, and its use on a road, complies with 7 the conditions of the exemption. 8 (5) However, if a person commits a condition offence in relation 9 to the exemption-- 10 (a) the exemption does not operate in the person's favour 11 while the contravention constituting the offence 12 continues; and 13 (b) the exemption must be disregarded in deciding whether 14 the person has committed an offence in relation to a 15 contravention of a heavy vehicle standard applying to a 16 heavy vehicle. 17 (6) If, because of the operation of subsection (5), a person 18 commits an offence against a provision of this Law (the other 19 offence provision) in relation to a heavy vehicle standard to 20 which the exemption applies, the person-- 21 (a) may be charged with the condition offence or an offence 22 against the other offence provision; but 23 (b) must not be charged with both offences. 24 (7) Subsection (1) does not apply to a condition mentioned in 25 section 82(1). 26 (8) In this section-- 27 condition offence means an offence against subsection (1), 28 (2) or (3). 29 82 Keeping relevant document while driving under vehicle 30 standards exemption (notice) 31 (1) This section applies if a vehicle standards exemption (notice) 32 is subject to the condition that the driver of a heavy vehicle 33 Page 152

Heavy Vehicle National Law Amendment Bill 2012 [s 12] who is driving the vehicle under the exemption must keep a 1 relevant document in the driver's possession. 2 (2) A driver of the heavy vehicle who is driving the vehicle under 3 the vehicle standards exemption (notice) must comply with 4 the condition. 5 Maximum penalty--$3000. 6 (3) If the driver of a heavy vehicle commits an offence against 7 subsection (2), each relevant party for the driver is taken to 8 have committed an offence against this subsection. 9 Maximum penalty--$3000. 10 (4) A person charged with an offence against subsection (3) does 11 not have the benefit of the mistake of fact defence for the 12 offence. 13 (5) However, in a proceeding for an offence against subsection 14 (3), the person charged has the benefit of the reasonable steps 15 defence for the offence. 16 Note-- 17 See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 18 (6) In a proceeding for an offence against subsection (3)-- 19 (a) it is irrelevant whether or not the driver has been or will 20 be proceeded against, or convicted of, the offence 21 against subsection (2); and 22 (b) evidence a court has convicted the driver of the offence 23 against subsection (2) is evidence that the offence 24 happened at the time and place, and in the 25 circumstances, stated in the charge resulting in the 26 conviction; and 27 (c) evidence of details stated in an infringement notice 28 issued for the offence against subsection (2) is evidence 29 that the offence happened at the time and place, and in 30 the circumstances, stated in the infringement notice. 31 (7) In this section-- 32 relevant document, for a vehicle standards exemption 33 (notice), means a copy of-- 34 Page 153

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) the Commonwealth Gazette notice for the exemption; or 1 (b) an information sheet about the exemption published by 2 the Regulator on the Regulator's website. 3 relevant party, for the driver of a heavy vehicle, means-- 4 (a) an employer of the driver if the driver is an employed 5 driver; or 6 (b) a prime contractor of the driver if the driver is a 7 self-employed driver; or 8 (c) an operator of the vehicle if the driver is making a 9 journey for the operator. 10 83 Keeping copy of permit while driving under vehicle 11 standards exemption (permit) 12 (1) The driver of a heavy vehicle who is driving the vehicle under 13 a vehicle standards exemption (permit) must keep a copy of 14 the permit for the exemption in the driver's possession. 15 Maximum penalty--$3000. 16 (2) If the driver of a heavy vehicle is driving the vehicle under a 17 vehicle standards exemption (permit) granted to a relevant 18 party for the driver and the relevant party has given the driver 19 a copy of a permit for the purpose of subsection (1), the driver 20 must, as soon as reasonably practicable, return the copy to the 21 relevant party if the driver stops working for the relevant 22 party. 23 Maximum penalty--$3000. 24 (3) If the driver of a heavy vehicle commits an offence against 25 subsection (1), each relevant party for the driver is taken to 26 have committed an offence against this subsection. 27 Maximum penalty--$3000. 28 (4) A person charged with an offence against subsection (3) does 29 not have the benefit of the mistake of fact defence for the 30 offence. 31 Page 154

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (5) However, in a proceeding for an offence against subsection 1 (3), the person charged has the benefit of the reasonable steps 2 defence for the offence. 3 Note-- 4 See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 5 (6) In a proceeding for an offence against subsection (3)-- 6 (a) it is irrelevant whether or not the driver has been or will 7 be proceeded against, or convicted of, the offence 8 against subsection (1); and 9 (b) evidence a court has convicted the driver of the offence 10 against subsection (1) is evidence that the offence 11 happened at the time and place, and in the 12 circumstances, stated in the charge resulting in the 13 conviction; and 14 (c) evidence of details stated in an infringement notice 15 issued for the offence against subsection (1) is evidence 16 that the offence happened at the time and place, and in 17 the circumstances, stated in the infringement notice. 18 (7) In this section-- 19 relevant party, for the driver of a heavy vehicle, means-- 20 (a) an employer of the driver if the driver is an employed 21 driver; or 22 (b) a prime contractor of the driver if the driver is a 23 self-employed driver; or 24 (c) an operator of the vehicle if the driver is making a 25 journey for the operator. 26 Part 3.3 Modifying heavy vehicles 27 84 Definition for Pt 3.3 28 In this Part-- 29 Page 155

Heavy Vehicle National Law Amendment Bill 2012 [s 12] modification, of a heavy vehicle, means an alteration to the 1 vehicle resulting in-- 2 (a) noncompliance with an applicable heavy vehicle 3 standard; or 4 (b) a departure from an applicable vehicle standards 5 exemption, unless the departure brings the vehicle into 6 full compliance with all relevant heavy vehicle 7 standards (even if the departure complies with a 8 particular heavy vehicle standard). 9 85 Modifying heavy vehicle requires approval 10 (1) A person must not modify a heavy vehicle unless the 11 modification has been approved by-- 12 (a) an approved vehicle examiner under section 86; or 13 (b) the Regulator under section 87. 14 Maximum penalty--$3000. 15 (2) A person must not use, or permit to be used, on a road a heavy 16 vehicle that has been modified unless the modification has 17 been approved by-- 18 (a) an approved vehicle examiner under section 86; or 19 (b) the Regulator under section 87. 20 Maximum penalty--$3000. 21 86 Approval of modifications by approved vehicle examiners 22 (1) An approved vehicle examiner may, if authorised to do so 23 under the national regulations, approve a modification of a 24 heavy vehicle if, and only if, the modification complies with a 25 code of practice prescribed by the national regulations for the 26 purposes of this section. 27 (2) If an approved vehicle examiner approves a modification of a 28 heavy vehicle, the examiner must-- 29 (a) give a certificate approving the modification, in the 30 approved form, to-- 31 Page 156

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (i) the registered operator of the vehicle; or 1 (ii) if there is no registered operator of the vehicle--an 2 owner of the vehicle; and 3 (b) ensure a plate or label that complies with subsection (3) 4 is fitted or affixed to a conspicuous part of the vehicle. 5 Maximum penalty--$3000. 6 (3) For the purposes of subsection (2)(b), a plate or label 7 complies with this subsection if-- 8 (a) it is of a type approved by the Regulator; and 9 (b) it is stamped, engraved or marked so as to display 10 information that relates to the modification and that is-- 11 (i) approved by the Regulator; or 12 (ii) prescribed by the national regulations for the 13 purposes of this section. 14 87 Approval of modification by Regulator 15 (1) The Regulator may approve a modification of a heavy vehicle 16 if the Regulator is satisfied-- 17 (a) the use on a road of the modified vehicle will not pose a 18 significant safety risk; and 19 (b) as to either or both of the following (as relevant)-- 20 (i) the modified vehicle will comply with applicable 21 noise and emission standards prescribed by 22 national regulations, except as provided by 23 subparagraph (ii); 24 (ii) the Regulator has exempted the modified vehicle 25 from a noise or emission standard referred to in 26 subparagraph (i) and the Regulator is satisfied that 27 the modified vehicle complies with the 28 requirements of the exemption. 29 (2) Subsection (1) applies whether or not the modification 30 complies with a code of practice prescribed by the national 31 regulations prescribed for the purposes of this section. 32 Page 157

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (3) If the Regulator approves a modification of a heavy vehicle, 1 the Regulator must-- 2 (a) give a certificate approving the modification, in the 3 approved form, to-- 4 (i) the registered operator of the vehicle; or 5 (ii) if there is no registered operator of the vehicle--an 6 owner of the vehicle; and 7 (b) ensure a plate or label that complies with subsection (4) 8 is fitted or affixed to a conspicuous part of the vehicle. 9 (4) For the purposes of subsection (3)(b), a plate or label 10 complies with this subsection if-- 11 (a) it is of a type approved by the Regulator; and 12 (b) it is stamped, engraved or marked so as to display 13 information that relates to the modification and that is-- 14 (i) approved by the Regulator; or 15 (ii) prescribed by the national regulations for the 16 purposes of this section. 17 88 National regulations for heavy vehicle modification 18 The national regulations may provide for any matter relating 19 to the modification of heavy vehicles. 20 Part 3.4 Other offences 21 89 Safety requirement 22 (1) A person must not use, or permit to be used, on a road a heavy 23 vehicle that is unsafe. 24 Maximum penalty--$6000. 25 Page 158

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (2) For the purposes of subsection (1), a heavy vehicle is unsafe 1 only if the condition of the vehicle, or any of its components 2 or equipment-- 3 (a) makes the use of the vehicle unsafe; or 4 (b) endangers public safety. 5 (3) Subsection (1) does not apply to a heavy vehicle for which a 6 vehicle defect notice is in force and that is being moved in 7 accordance with the terms of the notice. 8 90 Requirement about properly operating emission control 9 system 10 (1) A person must not use, or permit to be used, on a road a heavy 11 vehicle that is not fitted with an emission control system for 12 each relevant emission if and as required by an applicable 13 heavy vehicle standard. 14 Maximum penalty--$3000. 15 (2) A person must not use, or permit to be used, on a road a heavy 16 vehicle fitted with an emission control system that is not 17 operating in accordance with the manufacturer's design. 18 Maximum penalty--$3000. 19 (3) A person must not use, or permit to be used, on a road a heavy 20 vehicle fitted with an emission control system if the operation 21 of the system results in a failure to comply with an applicable 22 heavy vehicle standard (whether in relation to the vehicle or in 23 relation to the system). 24 Maximum penalty--$3000. 25 (4) Subsections (2) and (3) do not apply to a heavy vehicle that-- 26 (a) is on a journey to a place for the repair of the emission 27 control system or any of the vehicle's components or 28 equipment that affect the operation of the emission 29 control system; and 30 (b) is travelling on the most direct or convenient route to 31 that place from the place where the journey began. 32 Page 159

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (5) The national regulations may prescribe testing standards for 1 relevant emissions from heavy vehicles. 2 (6) In this section-- 3 emission control system means a device or system fitted to a 4 heavy vehicle that reduces the emission of a relevant emission 5 from the vehicle. 6 91 Person must not tamper with emission control system 7 fitted to heavy vehicle 8 (1) A person must not tamper with an emission control system 9 fitted to a heavy vehicle. 10 Maximum penalty--$10000. 11 (2) An operator of a heavy vehicle must not use or permit the 12 vehicle to be used on a road if the vehicle is fitted with an 13 emission control system that the operator knows or ought 14 reasonably to know has been tampered with in contravention 15 of subsection (1). 16 Maximum penalty--$10000. 17 (3) Subsection (1) does not apply to-- 18 (a) conduct associated with repairing a malfunctioning 19 emission control system or maintaining an emission 20 control system; or 21 (b) an authorised officer when exercising functions under 22 this Law. 23 (4) Subsection (2) does not apply to a heavy vehicle that-- 24 (a) is on a journey to a place for the repair of the emission 25 control system or any of the vehicle's components or 26 equipment that affect the operation of the emission 27 control system; and 28 (b) is travelling on the most direct or convenient route to 29 that place from the place where the journey began. 30 (5) A person charged with an offence against subsection (1) does 31 not have the benefit of the mistake of fact defence for the 32 offence. 33 Page 160

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (6) However, in a proceeding for an offence against subsection 1 (1), the person charged has the benefit of the reasonable steps 2 defence for the offence. 3 Note-- 4 See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 5 (7) In this section-- 6 emission control system means a device or system fitted to a 7 heavy vehicle that reduces the emission of a relevant emission 8 from the vehicle. 9 tamper, with an emission control system fitted to a heavy 10 vehicle, means alter, damage, remove, override or otherwise 11 interfere with-- 12 (a) the system in a way that renders the system totally 13 ineffective or less effective than as provided by an 14 applicable heavy vehicle standard or (in the absence of 15 an applicable heavy vehicle standard) as designed; or 16 (b) the vehicle or any component of the vehicle in a way 17 that renders the system totally ineffective or less 18 effective than as provided by an applicable heavy 19 vehicle standard or (in the absence of an applicable 20 heavy vehicle standard) as designed. 21 92 Display of warning signs required by heavy vehicle 22 standards on vehicles to which the requirement does not 23 apply 24 (1) This section applies if, under the heavy vehicle standards, a 25 warning sign is required to be displayed on a heavy vehicle of 26 a particular type, size or configuration. 27 (2) A person must not use, or permit to be used, on a road a heavy 28 vehicle that has the warning sign displayed on it unless the 29 vehicle is of the particular type, size or configuration. 30 Maximum penalty--$3000. 31 (3) In this section-- 32 Page 161

Heavy Vehicle National Law Amendment Bill 2012 [s 12] warning sign means a sign indicating that the vehicle to 1 which it is attached is of a particular type, size or 2 configuration. 3 Example of warning sign-- 4 A sign (consisting of 1 or more parts) showing the words `LONG 5 VEHICLE' or `ROAD TRAIN'. 6 93 Person must not tamper with speed limiter fitted to heavy 7 vehicle 8 (1) A person must not tamper with a speed limiter that is required 9 under an Australian road law or by order of an Australian 10 court to be, and is, fitted to a heavy vehicle. 11 Maximum penalty--$10000. 12 (2) A person must not fit, or direct the fitting of, a speed limiter to 13 a heavy vehicle in circumstances where the person knows or 14 ought reasonably to know that the speed limiter has been 15 tampered with in such a way that, had it been fitted to the 16 vehicle at the time of the tampering, an offence would have 17 been committed against subsection (1). 18 Maximum penalty--$10000. 19 (3) An operator of a heavy vehicle must not use or permit the 20 vehicle to be used on a road if the operator knows, or ought 21 reasonably to know, that a speed limiter fitted to the vehicle, 22 as required under an Australian road law or by order of an 23 Australian court, has been tampered with in contravention of 24 subsection (1) or fitted to the vehicle in contravention of 25 subsection (2). 26 Maximum penalty--$10000. 27 (4) Subsections (1) and (2) do not apply to-- 28 (a) conduct associated with repairing a malfunctioning 29 speed limiter or maintaining a speed limiter; or 30 (b) an authorised officer when exercising functions under 31 this Law. 32 (5) Subsection (3) does not apply to a heavy vehicle that-- 33 Page 162

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) is on a journey to a place for the repair of the speed 1 limiter or any of the vehicle's components or equipment 2 that affect the operation of the speed limiter; and 3 (b) is travelling on the most direct or convenient route to 4 that place from the place where the journey began. 5 (6) Subsection (3) applies whether or not a person has been 6 proceeded against or found guilty of an offence against 7 subsection (1) or (2) in relation to the tampering. 8 (7) A person charged with an offence against subsection (1) does 9 not have the benefit of the mistake of fact defence for the 10 offence. 11 (8) However, in a proceeding for an offence against subsection 12 (1), the person charged has the benefit of the reasonable steps 13 defence for the offence. 14 Note-- 15 See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 16 (9) In this section-- 17 speed limiter means a device or system that is used to limit the 18 maximum road speed of a heavy vehicle to which it is fitted 19 and that complies with any applicable heavy vehicle standard. 20 tamper, with a speed limiter fitted to a heavy vehicle, means 21 alter, damage, remove, override or otherwise interfere with the 22 speed limiter in a way that-- 23 (a) enables the vehicle to be driven at a speed higher than 24 the speed permitted by an applicable heavy vehicle 25 standard; or 26 (b) alters, or may alter, any information recorded by the 27 speed limiter; or 28 (c) results, or may result, in the speed limiter recording 29 inaccurate information. 30 Page 163

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Chapter 4 Vehicle operations--mass, 1 dimension and loading 2 Part 4.1 Preliminary 3 94 Main purposes of Ch 4 4 (1) The main purposes of this Chapter are-- 5 (a) to improve public safety by decreasing risks to public 6 safety caused by excessively loaded or excessively large 7 heavy vehicles; and 8 (b) to minimise any adverse impact of excessively loaded or 9 excessively large heavy vehicles on road infrastructure 10 or public amenity. 11 (2) The purposes are achieved by-- 12 (a) imposing mass limits for heavy vehicles, particular 13 components of heavy vehicles, and loads on heavy 14 vehicles; and 15 (b) imposing restrictions about the size of heavy vehicles 16 and the projections of loads on heavy vehicles; and 17 (c) imposing requirements about securing loads on heavy 18 vehicles; and 19 (d) restricting access to roads by heavy vehicles of a 20 particular mass, size or configuration even if the 21 vehicles comply with the mass limits, restrictions and 22 requirements mentioned in paragraphs (a) to (c). 23 (3) However, this Chapter recognises that the use of particular 24 heavy vehicles that do not comply with the mass limits, 25 restrictions and requirements mentioned in subsection (2)(a) 26 to (c) may be permitted on roads in particular circumstances 27 and subject to particular conditions-- 28 (a) to allow for-- 29 (i) the efficient road transport of goods or passengers 30 by heavy vehicles; or 31 Page 164

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (ii) the efficient use of large heavy vehicles that are 1 transporting neither goods nor passengers and need 2 to use roads for special uses; and 3 (b) without compromising the achievement of the purposes. 4 Part 4.2 Mass requirements 5 Division 1 Requirements 6 95 Prescribed mass requirements 7 (1) The national regulations may prescribe requirements (the 8 prescribed mass requirements) about the following-- 9 (a) the mass of heavy vehicles; 10 (b) the mass of components of heavy vehicles. 11 (2) Without limiting subsection (1), the prescribed mass 12 requirements may include the following-- 13 (a) requirements about mass limits relating to-- 14 (i) the tare mass of heavy vehicles; or 15 (ii) the mass of heavy vehicles together with their 16 loads; or 17 (iii) the mass on tyres, axles or axle groups of heavy 18 vehicles; 19 (b) requirements about mass limits relating to axle spacing. 20 (3) Also, without limiting subsection (1) or (2), the prescribed 21 mass requirements may-- 22 (a) include mass limits that are to apply only to particular 23 areas or routes; and 24 (b) authorise or require the Regulator to decide the areas or 25 routes to which the mass limits are to apply. 26 Page 165

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (4) The national regulations may prescribe requirements (that are 1 not prescribed mass requirements) about the use on roads of 2 heavy vehicles under particular mass limits, including, for 3 example-- 4 (a) a requirement that drivers of heavy vehicles using the 5 vehicles under mass limits applying only to particular 6 areas or routes decided by the Regulator must comply 7 with conditions on the use of heavy vehicles on roads 8 under the mass limits imposed by the Regulator 9 (including conditions required by road managers for the 10 roads); and 11 (b) a requirement that drivers of heavy vehicles who are 12 driving the vehicles under particular mass limits must 13 carry particular documents; and 14 (c) a requirement that a particular document or other thing 15 must be displayed on heavy vehicles used under 16 particular mass limits. 17 (5) In this section-- 18 tare mass, of a heavy vehicle, means the mass of the vehicle 19 that-- 20 (a) is ready for service; and 21 (b) is fitted with all standard equipment, together with any 22 options that are fitted; and 23 (c) is unoccupied and unladen; and 24 (d) has all fluid reservoirs (other than for fuel) filled to 25 nominal capacity; and 26 (e) has 10 litres of fuel in the fuel reservoir or reservoirs 27 (but excluding any loaded fuel in excess of 10 litres). 28 96 Compliance with mass requirements 29 (1) A person must not drive on a road a heavy vehicle that 30 (together with its load) does not, or whose components do not, 31 comply with the mass requirements applying to the vehicle. 32 Page 166

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Maximum penalty-- 1 (a) for a minor risk breach--$4000; or 2 (b) for a substantial risk breach--$6000; or 3 (c) for a severe risk breach--$10000, plus an additional 4 maximum $500 for every additional 1% over a 120% 5 overload (but so that the additional maximum penalty 6 does not exceed $20000). 7 (2) A person charged with an offence against subsection (1) does 8 not have the benefit of the mistake of fact defence for the 9 offence. 10 (3) However, in a proceeding for an offence against subsection 11 (1), the person charged has the benefit of the reasonable steps 12 defence for the offence. 13 Note-- 14 See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 15 (4) If a PBS vehicle is authorised by its PBS vehicle approval to 16 have a mass limit that exceeds a limit that would otherwise 17 apply to the vehicle under a prescribed mass requirement, the 18 authorised limit is taken to be the applicable limit, and the 19 vehicle is regarded for the purposes of this Law as complying 20 with the prescribed mass requirement. 21 Division 2 Categories of breaches of mass 22 requirements 23 97 Definitions for Div 2 24 In this Division-- 25 severe risk breach lower limit, for a particular mass 26 requirement applying to a heavy vehicle, means a mass 27 equalling 120% of the maximum mass (rounded up to the 28 nearest 0.1t) permitted for the vehicle under that mass 29 requirement. 30 Page 167

Heavy Vehicle National Law Amendment Bill 2012 [s 12] substantial risk breach lower limit, for a particular mass 1 requirement applying to a heavy vehicle, means the higher of 2 the following-- 3 (a) a mass equalling 105% of the maximum mass (rounded 4 up to the nearest 0.1t) permitted for the vehicle under 5 that mass requirement; 6 (b) 0.5t. 7 98 Minor risk breach 8 A contravention of a mass requirement applying to a heavy 9 vehicle is a minor risk breach if the subject matter of the 10 contravention is less than the substantial risk breach lower 11 limit for the requirement. 12 99 Substantial risk breach 13 A contravention of a mass requirement applying to a heavy 14 vehicle is a substantial risk breach if the subject matter of the 15 contravention is-- 16 (a) equal to or greater than the substantial risk breach lower 17 limit for the requirement; and 18 (b) less than the severe risk breach lower limit for the 19 requirement. 20 100 Severe risk breach 21 A contravention of a mass requirement applying to a heavy 22 vehicle is a severe risk breach if the subject matter of the 23 contravention is equal to or greater than the severe risk breach 24 lower limit for the requirement. 25 Page 168

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Part 4.3 Dimension requirements 1 Division 1 Requirements 2 101 Prescribed dimension requirements 3 (1) The national regulations may prescribe requirements (the 4 prescribed dimension requirements) about the following-- 5 (a) the dimensions of a heavy vehicle (together with its 6 equipment); 7 (b) the dimensions of a component of a heavy vehicle; 8 (c) the dimensions of a heavy vehicle's load. 9 (2) Without limiting subsection (1), the prescribed dimension 10 requirements may include requirements about the following-- 11 (a) the dimensions of a heavy vehicle (together with its 12 equipment) disregarding its load; 13 (b) the dimensions of a heavy vehicle together with its 14 equipment and load; 15 (c) the dimensions by which a heavy vehicle's load projects 16 from the vehicle; 17 (d) the internal measurements of a heavy vehicle, including, 18 for example-- 19 (i) the distance between components of the vehicle; 20 and 21 (ii) for a combination, the distance between-- 22 (A) the component vehicles of the combination; 23 or 24 (B) a component vehicle of the combination and 25 a component of another component vehicle 26 of the combination. 27 (3) The national regulations may also prescribe requirements 28 (that are not prescribed dimension requirements) about the use 29 of a vehicle to which a dimension requirement applies, 30 Page 169

Heavy Vehicle National Law Amendment Bill 2012 [s 12] including, for example, requirements about the use of signs 1 and warning devices. 2 102 Compliance with dimension requirements 3 (1) A person must not drive on a road a heavy vehicle that 4 (together with its load) does not, or whose components do not 5 or whose load does not, comply with the dimension 6 requirements applying to the vehicle. 7 Maximum penalty-- 8 (a) if the heavy vehicle does not have goods or passengers 9 in it--$3000; or 10 (b) if the heavy vehicle has goods or passengers in it-- 11 (i) for a minor risk breach--$3000; or 12 (ii) for a substantial risk breach--$5000; or 13 (iii) for a severe risk breach--$10000. 14 (2) A person charged with an offence against subsection (1) does 15 not have the benefit of the mistake of fact defence for the 16 offence. 17 (3) However, in a proceeding for an offence against subsection 18 (1), the person charged has the benefit of the reasonable steps 19 defence for the offence. 20 Note-- 21 See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 22 (4) If a PBS vehicle is authorised by its PBS vehicle approval to 23 have a dimension that exceeds a dimension limit that would 24 otherwise apply to the vehicle under a prescribed dimension 25 requirement, the authorised dimension is taken to be the 26 applicable dimension, and the vehicle is regarded for the 27 purposes of this Law as complying with the prescribed 28 dimension requirement. 29 Page 170

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Division 2 Categories of breaches of 1 dimension requirements 2 103 Application of Div 2 3 This Division applies to a heavy vehicle only while it is 4 carrying goods or passengers. 5 104 Definitions for Div 2 6 In this Division-- 7 severe risk breach lower limit means-- 8 (a) for a particular dimension requirement applying to a 9 heavy vehicle relating to its length--the length 10 equalling the maximum length permitted for the vehicle 11 under the dimension requirement plus 600mm; or 12 (b) for a particular dimension requirement applying to a 13 heavy vehicle relating to its width--the width equalling 14 the maximum width permitted for the vehicle under the 15 dimension requirement plus 80mm; or 16 (c) for a particular dimension requirement applying to a 17 heavy vehicle relating to its height--the height 18 equalling the maximum height permitted for the vehicle 19 under the dimension requirement plus 300mm; or 20 (d) for a particular dimension requirement applying to a 21 heavy vehicle relating to its load projection--the 22 projection of the vehicle's load equalling the maximum 23 load projection permitted from any side of the vehicle 24 under the dimension requirement plus 80mm. 25 substantial risk breach lower limit means-- 26 (a) for a particular dimension requirement applying to a 27 heavy vehicle relating to its length--the length 28 equalling the maximum length permitted for the vehicle 29 under the dimension requirement plus 350mm; or 30 (b) for a particular dimension requirement applying to a 31 heavy vehicle relating to its width--the width equalling 32 Page 171

Heavy Vehicle National Law Amendment Bill 2012 [s 12] the maximum width permitted for the vehicle under the 1 dimension requirement plus 40mm; or 2 (c) for a particular dimension requirement applying to a 3 heavy vehicle relating to its height--the height 4 equalling the maximum height permitted for the vehicle 5 under the dimension requirement plus 150mm; or 6 (d) for a particular dimension requirement applying to a 7 heavy vehicle relating to its load projection--the 8 projection of the vehicle's load equalling the maximum 9 load projection permitted from any side of the vehicle 10 under the dimension requirement plus 40mm. 11 105 Minor risk breach 12 A contravention of a dimension requirement applying to a 13 heavy vehicle is a minor risk breach if the subject matter of 14 the contravention is less than the substantial risk breach lower 15 limit for the requirement. 16 Note-- 17 See also section 108(2). 18 106 Substantial risk breach 19 (1) A contravention of a dimension requirement applying to a 20 heavy vehicle is a substantial risk breach if-- 21 (a) the subject matter of the contravention is-- 22 (i) equal to or greater than a substantial risk breach 23 lower limit for the requirement; and 24 (ii) less than the severe risk breach lower limit for the 25 requirement; or 26 (b) the requirement is a substantial risk breach of a 27 dimension requirement under subsection (2) or (3). 28 (2) A contravention of a dimension requirement applying to a 29 heavy vehicle relating to its length is a substantial risk breach 30 if-- 31 Page 172

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) the contravention would only be a minor risk breach of 1 the dimension requirement if this subsection were not 2 enacted; and 3 (b) either-- 4 (i) the rear of the vehicle's load does not carry a sign 5 or warning device required by the national 6 regulations; or 7 (ii) the vehicle's load projects in a way that is 8 dangerous to persons or property. 9 (3) A contravention of a dimension requirement applying to a 10 heavy vehicle relating to its width is a substantial risk breach 11 if-- 12 (a) the contravention would only be a minor risk breach of 13 the dimension requirement if this subsection were not 14 enacted; and 15 (b) the contravention happens-- 16 (i) at night; or 17 (ii) in hazardous weather conditions causing reduced 18 visibility. 19 Note-- 20 See also section 108(3). 21 107 Severe risk breach 22 (1) A contravention of a dimension requirement applying to a 23 heavy vehicle is a severe risk breach if-- 24 (a) the subject matter of the contravention is equal to or 25 greater than the severe risk breach lower limit for the 26 dimension requirement; or 27 (b) the contravention is a severe risk breach of the 28 dimension requirement under subsection (2) or (3). 29 (2) A contravention of a dimension requirement applying to a 30 heavy vehicle relating to its length is a severe risk breach if-- 31 Page 173

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) the contravention would only be a substantial risk 1 breach of the dimension requirement as provided by 2 section 106(1)(a) if this subsection were not enacted; 3 and 4 (b) either-- 5 (i) the rear of the vehicle's load does not carry a sign 6 or warning device required by the national 7 regulations; or 8 (ii) the vehicle's load projects from it in a way that is 9 dangerous to persons or property. 10 (3) A contravention of a dimension requirement applying to a 11 heavy vehicle relating to its width is a severe risk breach if-- 12 (a) the contravention would only be a substantial risk 13 breach of the dimension requirement as provided by 14 section 106(1)(a) if this subsection were not enacted; 15 and 16 (b) either-- 17 (i) the contravention happens-- 18 (A) at night; or 19 (B) in hazardous weather conditions causing 20 reduced visibility; or 21 (ii) the vehicle's load projects from it in a way that is 22 dangerous to persons or property. 23 Division 3 Other provisions relating to load 24 projections 25 108 Dangerous projections taken to be contravention of 26 dimension requirement 27 (1) This section applies if a heavy vehicle's load projects in a way 28 that is dangerous to persons or property even if all dimension 29 requirements, and all warning and other requirements 30 prescribed by the national regulations, are met. 31 Page 174

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (2) The projection of the load is taken to be-- 1 (a) a contravention of a dimension requirement; and 2 (b) a minor risk breach of that requirement unless 3 subsection (3) applies. 4 (3) The projection of the load is taken to be-- 5 (a) a contravention of a dimension requirement; and 6 (b) a substantial risk breach of that requirement if the 7 contravention happens-- 8 (i) at night; or 9 (ii) in hazardous weather conditions causing reduced 10 visibility. 11 109 Warning signals required for rear projection of loads 12 (1) This section applies if-- 13 (a) a load projects more than 1.2m behind a heavy vehicle 14 consisting of only a motor vehicle; or 15 (b) a load projects more than 1.2m behind either the towing 16 vehicle or a trailer in a heavy combination; or 17 (c) a load projects from a pole-type trailer in a heavy 18 combination; or 19 (d) a load projects from a heavy vehicle in a way that it 20 would not be readily visible to a person following 21 immediately behind the vehicle. 22 (2) A person must not use the heavy vehicle, or permit the heavy 23 vehicle to be used, on a road unless-- 24 (a) during the daytime--a brightly coloured red, red and 25 yellow, or yellow flag at least 300mm by 300mm is 26 fixed to the extreme back of the load; or 27 (b) at night--a light showing a clear red light to the back, 28 visible at a distance of at least 200m, is fixed to the 29 extreme back of the load. 30 Maximum penalty--$3000. 31 Page 175

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Part 4.4 Loading requirements 1 Division 1 Requirements 2 110 National regulations may prescribe loading requirements 3 (1) The national regulations may prescribe requirements (the 4 loading requirements) about securing a load on a heavy 5 vehicle or a component of a heavy vehicle. 6 (2) Without limiting subsection (1), the loading requirements may 7 include requirements about the restraint or positioning of a 8 load or any part of it on a motor vehicle or trailer. 9 111 Compliance with loading requirements 10 (1) A person must not drive on a road a heavy vehicle that does 11 not, or whose load does not, comply with the loading 12 requirements applying to the vehicle. 13 Maximum penalty-- 14 (a) for a minor risk breach--$3000; or 15 (b) for a substantial risk breach--$5000; or 16 (c) for a severe risk breach--$10000. 17 (2) A person charged with an offence against subsection (1) does 18 not have the benefit of the mistake of fact defence for the 19 offence. 20 (3) However, in a proceeding for an offence against subsection 21 (1), the person charged has the benefit of the reasonable steps 22 defence for the offence. 23 Note-- 24 See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 25 Page 176

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Division 2 Categories of breaches of loading 1 requirements 2 112 Minor risk breach 3 A contravention of a loading requirement applying to a heavy 4 vehicle is a minor risk breach if-- 5 (a) the subject matter of the contravention does not involve 6 a loss or shifting of the load; and 7 (b) had the subject matter of the contravention involved a 8 loss or shifting of the load, the loss or shifting of the 9 load would not have been likely to have involved-- 10 (i) an appreciable safety risk; or 11 (ii) an appreciable risk of-- 12 (A) damage to road infrastructure; or 13 (B) causing an adverse effect on public amenity. 14 113 Substantial risk breach 15 (1) A contravention of a loading requirement applying to a heavy 16 vehicle is a substantial risk breach if the subject matter of the 17 contravention involves a loss or shifting of the load that does 18 not involve-- 19 (a) an appreciable safety risk; or 20 (b) an appreciable risk of-- 21 (i) damage to road infrastructure; or 22 (ii) causing an adverse effect on public amenity. 23 (2) A contravention of a loading requirement applying to a heavy 24 vehicle is also a substantial risk breach if-- 25 (a) the subject matter of the contravention does not involve 26 a loss or shifting of the load; and 27 (b) had the subject matter of the contravention involved a 28 loss or shifting of the load, the loss or shifting of the 29 load would have been likely to have involved-- 30 Page 177

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (i) an appreciable safety risk; or 1 (ii) an appreciable risk of-- 2 (A) damage to road infrastructure; or 3 (B) causing an adverse effect on public amenity. 4 114 Severe risk breach 5 A contravention of a loading requirement applying to a heavy 6 vehicle is a severe risk breach if the subject matter of the 7 contravention involves a loss or shifting of the vehicle's load 8 that involves-- 9 (a) an appreciable safety risk; or 10 (b) an appreciable risk of-- 11 (i) damage to road infrastructure; or 12 (ii) causing an adverse effect on public amenity. 13 Division 3 Evidentiary provision 14 115 Proof of contravention of loading requirement 15 (1) In a proceeding for an offence against Division 1-- 16 (a) evidence that a load on a heavy vehicle was not placed, 17 secured or restrained in a way that met a performance 18 standard stated in the Load Restraint Guide as in force at 19 the time of the offence is evidence the load was not 20 placed, secured or restrained in compliance with a 21 loading requirement applying to the vehicle; and 22 (b) evidence that a load, or part of a load, has fallen off a 23 heavy vehicle is evidence that the load was not properly 24 secured; and 25 (c) a court must presume a document purporting to be the 26 Load Restraint Guide as in force at the time of the 27 offence is the Load Restraint Guide as in force at the 28 time of the offence, until the contrary is proved. 29 Page 178

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (2) In this section-- 1 Load Restraint Guide means a document of that name 2 prepared by the National Transport Commission and 3 published in the Commonwealth Gazette, from time to time. 4 Note-- 5 The Load Restraint Guide may be accessed on the National Transport 6 Commission's website at . 7 Part 4.5 Exemptions for particular 8 overmass or oversize vehicles 9 Division 1 Preliminary 10 116 Class 1 heavy vehicles and class 3 heavy vehicles 11 (1) A heavy vehicle is a class 1 heavy vehicle if it, together with 12 its load, does not comply with a prescribed mass requirement 13 or prescribed dimension requirement applying to it, and-- 14 (a) it is a special purpose vehicle; or 15 (b) it is an agricultural vehicle other than an agricultural 16 trailer; or 17 Note-- 18 See subsection (2) for agricultural trailers. 19 (c) it-- 20 (i) is a heavy vehicle carrying, or designed for the 21 purpose of carrying, a large indivisible item, 22 including, for example, a combination including a 23 low loader; but 24 (ii) is not a road train or B-double, or carrying a freight 25 container designed for multi-modal transport. 26 (2) An agricultural trailer is a class 1 heavy vehicle, irrespective 27 of whether it, together with its load, does or does not comply 28 Page 179

Heavy Vehicle National Law Amendment Bill 2012 [s 12] with a prescribed mass requirement or prescribed dimension 1 requirement applying to it. 2 (3) A heavy vehicle is a class 3 heavy vehicle if-- 3 (a) it, together with its load, does not comply with a 4 prescribed mass requirement or prescribed dimension 5 requirement applying to it; and 6 (b) it is not a class 1 heavy vehicle. 7 (4) In this section-- 8 concrete pump means a vehicle with a component that can be 9 used to transfer liquid concrete by pumping. 10 large indivisible item means an item that-- 11 (a) can not be divided without extreme effort, expense or 12 risk of damage to it; and 13 (b) can not be carried on any heavy vehicle without 14 contravening a mass requirement or dimension 15 requirement. 16 low loader means a trailer with a loading deck no more than 17 1m above the ground. 18 special purpose vehicle means-- 19 (a) a motor vehicle or trailer, other than an agricultural 20 vehicle or a tow truck, built for a purpose other than 21 carrying goods; or 22 (b) a concrete pump or fire truck. 23 Division 2 Exemptions by Commonwealth 24 Gazette notice 25 117 Regulator's power to exempt category of class 1 or 3 26 heavy vehicles from compliance with mass or dimension 27 requirement 28 (1) The Regulator may, by Commonwealth Gazette notice 29 complying with section 121, exempt, for a period of not more 30 Page 180

Heavy Vehicle National Law Amendment Bill 2012 [s 12] than 5 years, a stated category of class 1 heavy vehicles or 1 class 3 heavy vehicles from-- 2 (a) a prescribed mass requirement; or 3 (b) a prescribed dimension requirement. 4 (2) An exemption under subsection (1) is a mass or dimension 5 exemption (notice). 6 Note-- 7 See Division 3 of Part 4.7 in relation to amendment, suspension or 8 cancellation of a mass or dimension exemption (notice). 9 118 Restriction on grant of mass or dimension exemption 10 (notice) 11 (1) The Regulator may grant a mass or dimension exemption 12 (notice) for a category of heavy vehicles only if-- 13 (a) the Regulator is satisfied the use of heavy vehicles of 14 that category on a road under the exemption will not 15 pose a significant risk to public safety; and 16 (b) each relevant road manager for the exemption has 17 consented to the grant; and 18 (c) the Regulator is satisfied all other consents required for 19 the exemption under the law of the relevant jurisdiction 20 have been obtained or given. 21 (2) In deciding whether to grant a mass or dimension exemption 22 (notice), the Regulator must have regard to the approved 23 guidelines for granting mass or dimension exemptions. 24 119 Conditions of mass or dimension exemption (notice) 25 (1) A mass or dimension exemption (notice)-- 26 (a) must include a condition about the areas or routes to 27 which the exemption applies; and 28 (b) is subject to conditions prescribed by the national 29 regulations for the exemption; and 30 Page 181

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (c) must be subject to the road conditions or travel 1 conditions required by a relevant road manager for the 2 exemption under section 160 or 161; and 3 (d) may be subject to any other conditions the Regulator 4 considers appropriate, including, for example-- 5 (i) conditions about 1 or more matters mentioned in 6 Schedule 2; and 7 (ii) without limiting subparagraph (i), intelligent 8 access conditions; and 9 (iii) a condition that the driver of a class 1 heavy 10 vehicle or class 3 heavy vehicle who is driving the 11 vehicle under the exemption must keep in the 12 driver's possession a copy of-- 13 (A) the Commonwealth Gazette notice for the 14 exemption; or 15 (B) an information sheet about the exemption 16 published by the Regulator on the 17 Regulator's website. 18 (2) The condition about the areas or routes to which the 19 exemption applies may be imposed by stating that the areas or 20 routes to which the exemption applies are the areas or routes 21 shown on a stated map prepared by the relevant road authority 22 and published by the Regulator. 23 (3) If the condition about the areas or routes to which the 24 exemption applies is imposed as mentioned in subsection 25 (2)-- 26 (a) the Regulator or the relevant road authority may amend 27 the stated map but only by omitting, varying, extending 28 or adding areas or routes to which the exemption 29 applies, including, for example, by adding additional 30 areas or routes; and 31 (b) the Regulator must ensure a copy of the stated map as in 32 force from time to time is-- 33 (i) made available for inspection, without charge, 34 during normal business hours at each office of the 35 Regulator; and 36 Page 182

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (ii) published on the Regulator's website. 1 (4) When amending the stated map, the Regulator must comply 2 with the consent requirements of Part 4.7. 3 (5) Without limiting the conditions that may be prescribed under 4 subsection (1)(b), the national regulations may-- 5 (a) prescribe conditions that are to apply only to particular 6 areas or roads; and 7 (b) authorise the Regulator to decide the areas or roads to 8 which the conditions are to apply. 9 (6) In this section-- 10 relevant road authority, for a mass or dimension exemption 11 (notice), means the road authority for the participating 12 jurisdiction in which the road likely to be travelled under the 13 exemption is situated. 14 120 Period for which mass or dimension exemption (notice) 15 applies 16 A mass or dimension exemption (notice)-- 17 (a) takes effect-- 18 (i) when the Commonwealth Gazette notice for the 19 exemption is published; or 20 (ii) if a later time is stated in the Commonwealth 21 Gazette notice, at the later time; and 22 (b) applies for the period stated in the Commonwealth 23 Gazette notice. 24 121 Requirements about Commonwealth Gazette notice 25 (1) A Commonwealth Gazette notice for a mass or dimension 26 exemption (notice) must state the following-- 27 (a) the category of heavy vehicles to which the exemption 28 applies; 29 (b) the mass requirement or dimension requirement to 30 which the exemption applies; 31 Page 183

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (c) the areas or routes to which the exemption applies; 1 (d) the conditions mentioned in section 119(1)(b), 2 including, for example, by referencing the relevant 3 provision of the national regulations; 4 (e) the road conditions or travel conditions required by a 5 relevant road manager for the exemption under section 6 160 or 161; 7 (f) the other conditions of the exemption; 8 (g) the period for which the exemption applies. 9 (2) The Regulator must publish a copy of the Commonwealth 10 Gazette notice on the Regulator's website. 11 Division 3 Exemptions by permit 12 122 Regulator's power to exempt particular class 1 or class 3 13 heavy vehicle from compliance with mass or dimension 14 requirement 15 (1) The Regulator may, by giving a person a permit as mentioned 16 in section 127, exempt, for a period of not more than 3 17 years-- 18 (a) a class 1 heavy vehicle or class 3 heavy vehicle from 19 compliance with-- 20 (i) a prescribed mass requirement; or 21 (ii) a prescribed dimension requirement; or 22 (b) a class 1 heavy vehicle or class 3 heavy vehicle from a 23 requirement relating to the GCM of the vehicle, if 24 subsection (2) applies. 25 (2) The Regulator may, under subsection (1), exempt a class 1 26 heavy vehicle or class 3 heavy vehicle that includes 2 or more 27 prime movers or 2 or more hauling units from compliance 28 with a mass requirement relating to the GCM of the individual 29 prime movers or hauling units if the total GCM of the prime 30 movers or hauling units complies with the mass requirement 31 Page 184

Heavy Vehicle National Law Amendment Bill 2012 [s 12] relating to the GCM of the combined prime movers or hauling 1 units. 2 (3) An exemption under subsection (1) is a mass or dimension 3 exemption (permit). 4 (4) A mass or dimension exemption (permit) may apply to 1 or 5 more heavy vehicles. 6 Note-- 7 See Division 4 of Part 4.7 in relation to amendment, suspension or 8 cancellation of a mass or dimension exemption (permit). 9 123 Application for mass or dimension exemption (permit) 10 (1) A person may apply to the Regulator for a mass or dimension 11 exemption (permit). 12 (2) The application must be-- 13 (a) in the approved form; and 14 (b) accompanied by the prescribed fee for the application. 15 (3) The Regulator may, by notice given to the applicant, require 16 the applicant to give the Regulator any additional information 17 the Regulator reasonably requires to decide the application. 18 124 Restriction on grant of mass or dimension exemption 19 (permit) 20 (1) The Regulator may grant a mass or dimension exemption 21 (permit) for a heavy vehicle only if-- 22 (a) the Regulator is satisfied the use of the heavy vehicle on 23 a road under the exemption will not pose a significant 24 risk to public safety; and 25 (b) each relevant road manager for the exemption has 26 consented to the grant; and 27 (c) the Regulator is satisfied all other consents required for 28 the exemption under the law of the relevant jurisdiction 29 have been obtained by the applicant or have been 30 otherwise given. 31 Page 185

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (2) In deciding whether to grant a mass or dimension exemption 1 (permit), the Regulator must have regard to the approved 2 guidelines for granting mass or dimension exemptions. 3 125 Conditions of mass or dimension exemption (permit) 4 (1) A mass or dimension exemption (permit)-- 5 (a) must include a condition about the areas or routes to 6 which the exemption applies; and 7 (b) is subject to conditions prescribed by the national 8 regulations for the exemption; and 9 (c) must be subject to the road conditions or travel 10 conditions required by a relevant road manager for the 11 exemption under section 160 or 161; and 12 (d) may be subject to any other conditions the Regulator 13 considers appropriate, including, for example-- 14 (i) conditions about 1 or more matters mentioned in 15 Schedule 2; and 16 (ii) without limiting subparagraph (i), intelligent 17 access conditions. 18 (2) Without limiting the conditions that may be prescribed under 19 subsection (1)(b), the national regulations may-- 20 (a) prescribe conditions that are to apply only to particular 21 areas or roads; and 22 (b) authorise the Regulator to decide the areas or roads to 23 which the conditions are to apply. 24 126 Period for which mass or dimension exemption (permit) 25 applies 26 (1) A mass or dimension exemption (permit) applies for the 27 period stated in the permit for the exemption. 28 (2) The period may be less than the period sought by the applicant 29 for the mass or dimension exemption (permit). 30 Page 186

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 127 Permit for mass or dimension exemption (permit) etc. 1 (1) If the Regulator grants a mass or dimension exemption 2 (permit) to a person, the Regulator must give the person-- 3 (a) a permit for the exemption; and 4 (b) if the Regulator has imposed conditions on the 5 exemption under section 125(1)(a), (c) or (d) or has 6 granted the exemption for a period less than the period 7 of not more than 3 years sought by the person--an 8 information notice for the decision to impose the 9 conditions or grant the exemption for the shorter period. 10 Note-- 11 See sections 164 and 165 for the requirements for an information 12 notice relating to the imposition of a road condition or travel 13 condition at the request of a relevant road manager. 14 (2) A permit for a mass or dimension exemption (permit) must 15 state the following-- 16 (a) the name of the person to whom the permit is given; 17 (b) a description of each heavy vehicle to which the 18 exemption applies, including the registration number of 19 the vehicle if it is registered; 20 (c) the mass requirement or dimension requirement to 21 which the exemption applies; 22 (d) the areas or routes to which the exemption applies; 23 (e) the conditions mentioned in section 125(1)(b), 24 including, for example, by referencing the relevant 25 provision of the national regulations; 26 (f) the road conditions or travel conditions required by a 27 relevant road manager for the exemption under section 28 160 or 161; 29 (g) the other conditions of the exemption; 30 (h) the period for which the exemption applies. 31 Page 187

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 128 Refusal of application for mass or dimension exemption 1 (permit) 2 If the Regulator refuses an application for a mass or 3 dimension exemption (permit), the Regulator must give the 4 applicant an information notice for the decision to refuse the 5 application. 6 Note-- 7 See section 166 for the requirements for an information notice relating 8 to a relevant road manager's decision not to give consent to the grant of 9 a mass or dimension exemption (permit). 10 Division 4 Operating under mass or dimension 11 exemption 12 129 Contravening condition of mass or dimension exemption 13 generally 14 (1) The driver or operator of a heavy vehicle being used on a road 15 under a mass or dimension exemption must not contravene a 16 condition of the exemption. 17 Maximum penalty--$6000. 18 (2) A person must not use, or permit to be used, on a road a heavy 19 vehicle that contravenes a condition of a mass or dimension 20 exemption applying to the vehicle. 21 Maximum penalty--$6000. 22 (3) A person must not use a heavy vehicle, or permit a heavy 23 vehicle to be used, on a road in a way that contravenes a 24 condition of a mass or dimension exemption applying to the 25 vehicle. 26 Maximum penalty--$6000. 27 (4) A person does not commit an offence against this Law in 28 relation to a heavy vehicle contravening a mass requirement 29 or dimension requirement if-- 30 (a) the vehicle is exempt, under a mass or dimension 31 exemption, from compliance with the mass requirement 32 or dimension requirement; and 33 Page 188

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (b) the vehicle, and its use on a road, complies with the 1 conditions of the exemption. 2 (5) However, if a person commits a condition offence-- 3 (a) the exemption does not operate in the person's favour 4 while the contravention constituting the offence 5 continues; and 6 (b) the exemption must be disregarded in deciding-- 7 (i) whether the person has committed an offence in 8 relation to a contravention of a mass requirement 9 or dimension requirement applying to a heavy 10 vehicle; and 11 (ii) the risk category for the contravention. 12 (6) If, because of the operation of subsection (5), a person 13 commits an offence against a provision of this Law (the other 14 offence provision) in relation to a mass requirement or 15 dimension requirement to which an exemption under this Part 16 applies, the person-- 17 (a) may be charged with the condition offence or an offence 18 against the other offence provision; but 19 (b) must not be charged with both offences. 20 (7) Subsection (1) does not apply to a condition mentioned in 21 section 132(1). 22 (8) In this section-- 23 condition offence means an offence against subsection (1), 24 (2) or (3). 25 130 Contravening condition of mass or dimension exemption 26 relating to pilot or escort vehicle 27 (1) This section applies if a mass or dimension exemption is 28 subject to a condition requiring a heavy vehicle to which the 29 exemption applies to be accompanied by a pilot vehicle or 30 escort vehicle while the heavy vehicle is used on a road. 31 (2) The driver of the pilot vehicle or escort vehicle accompanying 32 the heavy vehicle must comply with the conditions of the 33 Page 189

Heavy Vehicle National Law Amendment Bill 2012 [s 12] mass or dimension exemption about the use of the pilot 1 vehicle or escort vehicle. 2 Maximum penalty--$6000. 3 (3) If the driver of the pilot vehicle or escort vehicle commits an 4 offence against subsection (2), the operator of the heavy 5 vehicle is taken to have committed an offence against this 6 subsection. 7 Maximum penalty--$6000. 8 (4) In a proceeding for an offence against subsection (3)-- 9 (a) it is irrelevant whether or not the driver has been or will 10 be proceeded against, or convicted of, the offence 11 against subsection (2); and 12 (b) evidence a court has convicted the driver of the offence 13 against subsection (2) is evidence that the offence 14 happened at the time and place, and in the 15 circumstances, stated in the charge resulting in the 16 conviction; and 17 (c) evidence of details stated in an infringement notice 18 issued for the offence against subsection (2) is evidence 19 that the offence happened at the time and place, and in 20 the circumstances, stated in the infringement notice. 21 131 Using pilot vehicle with a heavy vehicle that contravenes 22 certain conditions of mass or dimension exemption 23 (1) The driver of a pilot vehicle must ensure the pilot vehicle does 24 not accompany a heavy vehicle to which a mass or dimension 25 exemption applies if the heavy vehicle, or its use on a road, 26 contravenes a condition of the exemption because the heavy 27 vehicle-- 28 (a) travels on a route not allowed under the exemption; or 29 (b) travels at a time other than a time allowed under the 30 exemption; or 31 (c) is accompanied by fewer than the number of pilot or 32 escort vehicles required under the exemption. 33 Maximum penalty--$6000. 34 Page 190

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (2) If a person is both the driver of a pilot vehicle accompanying a 1 heavy vehicle to which a mass or dimension exemption 2 applies and an operator of the heavy vehicle, the person may, 3 in relation to the heavy vehicle or its use on a road 4 contravening a condition of the exemption of the kind 5 contemplated by subsection (1), be prosecuted under section 6 129 or subsection (1), but not both. 7 132 Keeping relevant document while driving under mass or 8 dimension exemption (notice) 9 (1) This section applies if a mass or dimension exemption 10 (notice) is subject to the condition that the driver of a class 1 11 heavy vehicle or class 3 heavy vehicle who is driving the 12 vehicle under the exemption must keep a relevant document in 13 the driver's possession. 14 (2) A driver of the class 1 heavy vehicle or class 3 heavy vehicle 15 who is driving the vehicle under the mass or dimension 16 exemption (notice) must comply with the condition. 17 Maximum penalty--$3000. 18 (3) If the driver of a class 1 heavy vehicle or class 3 heavy vehicle 19 commits an offence against subsection (2), each relevant party 20 for the driver is taken to have committed an offence against 21 this subsection. 22 Maximum penalty--$3000. 23 (4) A person charged with an offence against subsection (3) does 24 not have the benefit of the mistake of fact defence for the 25 offence. 26 (5) However, in a proceeding for an offence against subsection 27 (3), the person charged has the benefit of the reasonable steps 28 defence for the offence. 29 Note-- 30 See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 31 (6) In a proceeding for an offence against subsection (3)-- 32 Page 191

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) it is irrelevant whether or not the driver has been or will 1 be proceeded against, or convicted of, the offence 2 against subsection (2); and 3 (b) evidence a court has convicted the driver of the offence 4 against subsection (2) is evidence that the offence 5 happened at the time and place, and in the 6 circumstances, stated in the charge resulting in the 7 conviction; and 8 (c) evidence of details stated in an infringement notice 9 issued for the offence against subsection (2) is evidence 10 that the offence happened at the time and place, and in 11 the circumstances, stated in the infringement notice. 12 (7) In this section-- 13 relevant document, for a mass or dimension exemption 14 (notice), means a copy of-- 15 (a) the Commonwealth Gazette notice for the exemption; or 16 (b) an information sheet about the exemption published by 17 the Regulator on the Regulator's website. 18 relevant party, for the driver of a class 1 heavy vehicle or class 19 3 heavy vehicle, means-- 20 (a) an employer of the driver if the driver is an employed 21 driver; or 22 (b) a prime contractor of the driver if the driver is a 23 self-employed driver; or 24 (c) an operator of the vehicle if the driver is making a 25 journey for the operator. 26 133 Keeping copy of permit while driving under mass or 27 dimension exemption (permit) 28 (1) The driver of a class 1 heavy vehicle or class 3 heavy vehicle 29 who is driving the vehicle under a mass or dimension 30 exemption (permit) must keep a copy of the permit for the 31 exemption in the driver's possession. 32 Maximum penalty--$3000. 33 Page 192

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (2) If the driver of a class 1 heavy vehicle or class 3 heavy vehicle 1 is driving the vehicle under a mass or dimension exemption 2 (permit) granted to a relevant party for the driver and the 3 relevant party has given the driver a copy of a permit for the 4 purpose of subsection (1), the driver must, as soon as 5 reasonably practicable, return the copy to the relevant party if 6 the driver stops working for the relevant party. 7 Maximum penalty--$4000. 8 (3) If the driver of a class 1 heavy vehicle or class 3 heavy vehicle 9 commits an offence against subsection (1), each relevant party 10 for the driver is taken to have committed an offence against 11 this subsection. 12 Maximum penalty--$3000. 13 (4) A person charged with an offence against subsection (3) does 14 not have the benefit of the mistake of fact defence for the 15 offence. 16 (5) However, in a proceeding for an offence against subsection 17 (3), the person charged has the benefit of the reasonable steps 18 defence for the offence. 19 Note-- 20 See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 21 (6) In a proceeding for an offence against subsection (3)-- 22 (a) it is irrelevant whether or not the driver has been or will 23 be proceeded against, or convicted of, the offence 24 against subsection (1); and 25 (b) evidence a court has convicted the driver of the offence 26 against subsection (1) is evidence that the offence 27 happened at the time and place, and in the 28 circumstances, stated in the charge resulting in the 29 conviction; and 30 (c) evidence of details stated in an infringement notice 31 issued for the offence against subsection (1) is evidence 32 that the offence happened at the time and place, and in 33 the circumstances, stated in the infringement notice. 34 (7) In this section-- 35 Page 193

Heavy Vehicle National Law Amendment Bill 2012 [s 12] relevant party, for the driver of a class 1 heavy vehicle or class 1 3 heavy vehicle, means-- 2 (a) an employer of the driver if the driver is an employed 3 driver; or 4 (b) a prime contractor of the driver if the driver is a 5 self-employed driver; or 6 (c) an operator of the vehicle if the driver is making a 7 journey for the operator. 8 Division 5 Other provision 9 134 Displaying warning signs on vehicles if not required by 10 dimension exemption 11 (1) A heavy vehicle warning sign must not be displayed on a 12 heavy vehicle unless it is being used under a dimension 13 exemption. 14 Maximum penalty--$3000. 15 (2) A pilot vehicle warning sign must not be displayed on a 16 vehicle unless it is being used as a pilot vehicle for a heavy 17 vehicle being used under a dimension exemption. 18 Maximum penalty--$3000. 19 (3) In this section-- 20 dimension exemption means an exemption under this Part 21 from compliance with a dimension requirement. 22 heavy vehicle warning sign means a warning sign required 23 under the national regulations to be attached to a heavy 24 vehicle being used under a dimension exemption. 25 pilot vehicle warning sign means a warning sign required 26 under the national regulations to be attached to a vehicle being 27 used as a pilot vehicle for a heavy vehicle being used under a 28 dimension exemption. 29 Page 194

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Part 4.6 Restricting access to roads by 1 large vehicles that are not 2 overmass or oversize vehicles 3 Division 1 Preliminary 4 135 Main purpose of Pt 4.6 5 The main purpose of this Part is to restrict access to roads by 6 heavy vehicles that, while complying with mass requirements 7 and dimension requirements applying to them, may, because 8 of their size-- 9 (a) endanger public safety; or 10 (b) damage road infrastructure; or 11 (c) adversely affect public amenity. 12 136 Class 2 heavy vehicles 13 A heavy vehicle is a class 2 heavy vehicle if-- 14 (a) it-- 15 (i) complies with the prescribed mass requirements 16 and prescribed dimension requirements applying to 17 it; and 18 (ii) is-- 19 (A) a B-double; or 20 (B) a road train; or 21 (C) a bus, other than an articulated bus, that is 22 longer than 12.5m; or 23 (D) a combination designed and built to carry 24 vehicles on more than 1 deck that, together 25 with its load is longer than 19m or higher 26 than 4.3m; or 27 Page 195

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (E) a motor vehicle, or a combination, that is 1 higher than 4.3m and is built to carry cattle, 2 sheep, pigs or horses; or 3 (b) it is a PBS vehicle. 4 Division 2 Restriction 5 137 Using class 2 heavy vehicle 6 A person must not use a class 2 heavy vehicle, or permit a 7 class 2 heavy vehicle to be used, on a road other than in 8 accordance with a class 2 heavy vehicle authorisation. 9 Maximum penalty--$6000. 10 Division 3 Authorisation by Commonwealth 11 Gazette notice 12 138 Regulator's power to authorise use of all or stated 13 categories of class 2 heavy vehicles 14 (1) The Regulator may, by Commonwealth Gazette notice 15 complying with section 142, authorise, for a period of not 16 more than 5 years, the use of all or stated categories of class 2 17 heavy vehicles in one or more of the following ways-- 18 (a) in stated areas or on stated routes; 19 (b) during stated hours of stated days; 20 (c) in the case of PBS vehicles, in accordance with a stated 21 requirement that the vehicles are operated in accordance 22 with the conditions contained in a PBS vehicle approval. 23 (2) An authorisation under subsection (1) is a class 2 heavy 24 vehicle authorisation (notice). 25 Note-- 26 See Division 3 of Part 4.7 in relation to amendment, suspension or 27 cancellation of a class 2 heavy vehicle authorisation (notice). 28 Page 196

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 139 Restriction on grant of class 2 heavy vehicle 1 authorisation (notice) 2 (1) The Regulator may grant a class 2 heavy vehicle authorisation 3 (notice) only if-- 4 (a) the Regulator is satisfied the use of class 2 heavy 5 vehicles, or the stated categories of class 2 heavy 6 vehicles, on a road under the authorisation will not pose 7 a significant risk to public safety; and 8 (b) each relevant road manager for the authorisation has 9 consented to the grant; and 10 (c) the Regulator is satisfied all other consents required for 11 the authorisation under the law of the relevant 12 jurisdiction have been obtained or given. 13 (2) In deciding whether to grant a class 2 heavy vehicle 14 authorisation (notice), the Regulator must have regard to the 15 approved guidelines for granting class 2 heavy vehicle 16 authorisations. 17 140 Conditions of class 2 heavy vehicle authorisation (notice) 18 A class 2 heavy vehicle authorisation (notice) may be subject 19 to a condition that the driver of a class 2 heavy vehicle who is 20 driving the vehicle under the authorisation must keep in the 21 driver's possession a copy of-- 22 (a) the Commonwealth Gazette notice for the authorisation; 23 or 24 (b) an information sheet about the authorisation published 25 by the Regulator on the Regulator's website. 26 Note-- 27 Section 160 requires the Regulator to impose certain road conditions, 28 and section 161 requires the Regulator to impose certain travel 29 conditions. 30 141 Period for which class 2 heavy vehicle authorisation 31 (notice) applies 32 A class 2 heavy vehicle authorisation (notice)-- 33 Page 197

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) takes effect-- 1 (i) when the Commonwealth Gazette notice for the 2 authorisation is published; or 3 (ii) if a later time is stated in the Commonwealth 4 Gazette notice, at the later time; and 5 (b) applies for the period stated in the Commonwealth 6 Gazette notice. 7 142 Requirements about Commonwealth Gazette notice etc. 8 (1) A Commonwealth Gazette notice for a class 2 heavy vehicle 9 authorisation (notice) must state the following-- 10 (a) that the authorisation applies to all class 2 heavy 11 vehicles or, if the authorisation only applies to particular 12 categories of class 2 heavy vehicles, the categories of 13 class 2 heavy vehicles to which the authorisation 14 applies; 15 (b) the areas or routes to which the authorisation applies; 16 (c) the days and hours to which the authorisation applies; 17 (d) any conditions applying to class 2 heavy vehicles being 18 used on a road under the authorisation; 19 (e) the period for which the authorisation applies. 20 (2) The Commonwealth Gazette notice may state that the areas or 21 routes to which the authorisation applies are the areas or 22 routes shown on a stated map prepared by the relevant road 23 authority and published by the Regulator. 24 (3) The Regulator must publish a copy of the Commonwealth 25 Gazette notice on the Regulator's website. 26 (4) If the Commonwealth Gazette notice states the areas or routes 27 to which the authorisation applies as mentioned in subsection 28 (2)-- 29 (a) the Regulator or the relevant road authority may amend 30 the stated map but only by omitting, varying or 31 extending the areas or routes to which the authorisation 32 Page 198

Heavy Vehicle National Law Amendment Bill 2012 [s 12] applies, including, for example, by adding additional 1 areas or routes; and 2 (b) the Regulator must ensure a copy of the stated map as in 3 force from time to time is-- 4 (i) made available for inspection, without charge, 5 during normal business hours at each office of the 6 Regulator; and 7 (ii) published on the Regulator's website. 8 (5) When amending the stated map, the Regulator must comply 9 with the consent requirements of Part 4.7. 10 (6) In this section-- 11 relevant road authority, for a class 2 heavy vehicle 12 authorisation (notice), means the road authority for the 13 participating jurisdiction in which the road likely to be 14 travelled under the authorisation is situated. 15 Division 4 Authorisation by permit 16 143 Regulator's power to authorise use of a particular class 2 17 heavy vehicle 18 (1) The Regulator may, by giving a person a permit as mentioned 19 in section 148, authorise, for a period of not more than 3 20 years, the use of a class 2 heavy vehicle-- 21 (a) in stated areas or on stated routes; and 22 (b) during stated hours of stated days. 23 (2) An authorisation under subsection (1) is a class 2 heavy 24 vehicle authorisation (permit). 25 (3) A class 2 heavy vehicle authorisation (permit) may apply to 1 26 or more heavy vehicles. 27 Note-- 28 See Division 4 of Part 4.7 in relation to amendment, suspension or 29 cancellation of a class 2 heavy vehicle authorisation (permit). 30 Page 199

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 144 Application for class 2 heavy vehicle authorisation 1 (permit) 2 (1) A person may apply to the Regulator for a class 2 heavy 3 vehicle authorisation (permit). 4 (2) The application must be-- 5 (a) in the approved form; and 6 (b) accompanied by the prescribed fee for the application. 7 (3) The Regulator may, by notice given to the applicant, require 8 the applicant to give the Regulator any additional information 9 the Regulator reasonably requires to decide the application. 10 145 Restriction on grant of class 2 heavy vehicle 11 authorisation (permit) 12 (1) The Regulator may grant a class 2 heavy vehicle authorisation 13 (permit) for a class 2 heavy vehicle only if-- 14 (a) the Regulator is satisfied the use of the class 2 heavy 15 vehicle on a road under the authorisation will not pose a 16 significant risk to public safety; and 17 (b) each relevant road manager for the authorisation has 18 consented to the grant; and 19 (c) the Regulator is satisfied all other consents required for 20 the authorisation under the law of the relevant 21 jurisdiction have been obtained by the applicant or have 22 been otherwise given. 23 (2) In deciding whether to grant a class 2 heavy vehicle 24 authorisation (permit), the Regulator must have regard to the 25 approved guidelines for granting class 2 heavy vehicle 26 authorisations. 27 146 Conditions of class 2 heavy vehicle authorisation (permit) 28 A class 2 heavy vehicle authorisation (permit)-- 29 (a) must be subject to the road conditions or travel 30 conditions required by a relevant road manager for the 31 authorisation under section 160 or 161; and 32 Page 200

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (b) may be subject to any other conditions the Regulator 1 considers appropriate, including, for example-- 2 (i) conditions about 1 or more matters mentioned in 3 Schedule 2; and 4 (ii) without limiting subparagraph (i), intelligent 5 access conditions. 6 147 Period for which class 2 heavy vehicle authorisation 7 (permit) applies 8 (1) A class 2 heavy vehicle authorisation (permit) applies for the 9 period stated in the permit for the authorisation. 10 (2) The period may be less than the period sought by the applicant 11 for the class 2 heavy vehicle authorisation (permit). 12 148 Permit for class 2 heavy vehicle authorisation (permit) 13 etc. 14 (1) If the Regulator grants a class 2 heavy vehicle authorisation 15 (permit) to a person, the Regulator must give the person-- 16 (a) a permit for the authorisation; and 17 (b) if the Regulator has imposed conditions on the 18 authorisation under section 146 or has granted the 19 authorisation for a period less than the period of not 20 more than 3 years sought by the person--an information 21 notice for the decision to impose the conditions or grant 22 the authorisation for the shorter period. 23 Note-- 24 See sections 164 and 165 for the requirements for an information 25 notice relating to the imposition of a road condition or travel 26 condition at the request of a relevant road manager. 27 (2) A permit for a class 2 heavy vehicle authorisation (permit) 28 must state the following-- 29 (a) the name and address of the person to whom the permit 30 is given; 31 Page 201

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (b) if the authorisation applies to particular categories of 1 class 2 heavy vehicles, the categories of heavy vehicles 2 to which the authorisation applies; 3 (c) the areas or routes to which the authorisation applies; 4 (d) the days and hours to which the authorisation applies; 5 (e) the road conditions or travel conditions required by a 6 relevant road manager for the authorisation under 7 section 160 or 161; 8 (f) any other conditions applying to a class 2 heavy vehicle 9 being used on a road under the authorisation; 10 (g) the period for which the authorisation applies. 11 149 Refusal of application for class 2 heavy vehicle 12 authorisation (permit) 13 If the Regulator refuses an application for a class 2 heavy 14 vehicle authorisation (permit), the Regulator must give the 15 applicant an information notice for the decision to refuse the 16 application. 17 Note-- 18 See section 166 for the requirements for an information notice relating 19 to a road manager's decision not to give consent to the grant of a class 2 20 heavy vehicle authorisation (permit). 21 Division 5 Operating under class 2 heavy 22 vehicle authorisation 23 150 Contravening condition of class 2 heavy vehicle 24 authorisation 25 (1) The driver or operator of a class 2 heavy vehicle being used on 26 a road under a class 2 heavy vehicle authorisation must not 27 contravene a condition of the authorisation. 28 Maximum penalty--$6000. 29 (2) Subsection (1) does not apply to a condition mentioned in 30 section 151(1). 31 Page 202

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 151 Keeping relevant document while driving under class 2 1 heavy vehicle authorisation (notice) 2 (1) This section applies if a class 2 heavy vehicle authorisation 3 (notice) is subject to the condition that the driver of a class 2 4 heavy vehicle who is driving the vehicle under the 5 authorisation must keep a relevant document in the driver's 6 possession. 7 (2) A driver of the class 2 heavy vehicle who is driving the 8 vehicle under the class 2 heavy vehicle authorisation (notice) 9 must comply with the condition. 10 Maximum penalty--$3000. 11 (3) If the driver of a class 2 heavy vehicle commits an offence 12 against subsection (2), each relevant party for the driver is 13 taken to have committed an offence against this subsection. 14 Maximum penalty--$3000. 15 (4) A person charged with an offence against subsection (3) does 16 not have the benefit of the mistake of fact defence for the 17 offence. 18 (5) However, in a proceeding for an offence against subsection 19 (3), the person charged has the benefit of the reasonable steps 20 defence for the offence. 21 Note-- 22 See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 23 (6) In a proceeding for an offence against subsection (3)-- 24 (a) it is irrelevant whether or not the driver has been or will 25 be proceeded against, or convicted of, the offence 26 against subsection (2); and 27 (b) evidence a court has convicted the driver of the offence 28 against subsection (2) is evidence that the offence 29 happened at the time and place, and in the 30 circumstances, stated in the charge resulting in the 31 conviction; and 32 (c) evidence of details stated in an infringement notice 33 issued for the offence against subsection (2) is evidence 34 Page 203

Heavy Vehicle National Law Amendment Bill 2012 [s 12] that the offence happened at the time and place, and in 1 the circumstances, stated in the infringement notice. 2 (7) In this section-- 3 relevant document, for a class 2 heavy vehicle authorisation 4 (notice), means a copy of-- 5 (a) the Commonwealth Gazette notice for the authorisation; 6 or 7 (b) an information sheet about the authorisation published 8 by the Regulator on the Regulator's website. 9 relevant party, for the driver of a class 2 heavy vehicle, 10 means-- 11 (a) an employer of the driver if the driver is an employed 12 driver; or 13 (b) a prime contractor of the driver if the driver is a 14 self-employed driver; or 15 (c) an operator of the vehicle if the driver is making a 16 journey for the operator. 17 152 Keeping copy of permit while driving under class 2 heavy 18 vehicle authorisation (permit) 19 (1) The driver of a class 2 heavy vehicle who is driving the 20 vehicle under a class 2 heavy vehicle authorisation (permit) 21 must keep a copy of the permit for the authorisation in the 22 driver's possession. 23 Maximum penalty--$3000. 24 (2) If the driver of a class 2 heavy vehicle is driving the vehicle 25 under a class 2 heavy vehicle authorisation (permit) granted to 26 a relevant party for the driver and the relevant party has given 27 the driver a copy of a permit for the purpose of subsection (1), 28 the driver must, as soon as reasonably practicable, return the 29 copy to the relevant party if the driver stops working for the 30 relevant party. 31 Maximum penalty--$4000. 32 Page 204

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (3) If the driver of a class 2 heavy vehicle commits an offence 1 against subsection (1), each relevant party for the driver is 2 taken to have committed an offence against this subsection. 3 Maximum penalty--$3000. 4 (4) A person charged with an offence against subsection (3) does 5 not have the benefit of the mistake of fact defence for the 6 offence. 7 (5) However, in a proceeding for an offence against subsection 8 (3), the person charged has the benefit of the reasonable steps 9 defence for the offence. 10 Note-- 11 See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 12 (6) In a proceeding for an offence against subsection (3)-- 13 (a) it is irrelevant whether or not the driver has been or will 14 be proceeded against, or convicted of, the offence 15 against subsection (1); and 16 (b) evidence a court has convicted the driver of the offence 17 against subsection (1) is evidence that the offence 18 happened at the time and place, and in the 19 circumstances, stated in the charge resulting in the 20 conviction; and 21 (c) evidence of details stated in an infringement notice 22 issued for the offence against subsection (1) is evidence 23 that the offence happened at the time and place, and in 24 the circumstances, stated in the infringement notice. 25 (7) In this section-- 26 relevant party, for the driver of a class 2 heavy vehicle, 27 means-- 28 (a) an employer of the driver if the driver is an employed 29 driver; or 30 (b) a prime contractor of the driver if the driver is a 31 self-employed driver; or 32 (c) an operator of the vehicle if the driver is making a 33 journey for the operator. 34 Page 205

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 153 Keeping copy of PBS vehicle approval while driving 1 under class 2 heavy vehicle authorisation 2 (1) A driver of a class 2 heavy vehicle that is a PBS vehicle who 3 is driving under a class 2 heavy vehicle authorisation must 4 keep a copy of the PBS vehicle approval in the driver's 5 possession. 6 Maximum penalty--$3000. 7 (2) If the driver of a class 2 heavy vehicle commits an offence 8 against subsection (1), each relevant party for the driver is 9 taken to have committed an offence against this subsection. 10 Maximum penalty--$3000. 11 (3) A person charged with an offence against subsection (2) does 12 not have the benefit of the mistake of fact defence for the 13 offence. 14 (4) However, in a proceeding for an offence against subsection 15 (2), the person charged has the benefit of the reasonable steps 16 defence for the offence. 17 Note-- 18 See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 19 (5) In a proceeding for an offence against subsection (2)-- 20 (a) it is irrelevant whether or not the driver has been or will 21 be proceeded against, or convicted of, the offence 22 against subsection (1); and 23 (b) evidence a court has convicted the driver of the offence 24 against subsection (1) is evidence that the offence 25 happened at the time and place, and in the 26 circumstances, stated in the charge resulting in the 27 conviction; and 28 (c) evidence of details stated in an infringement notice 29 issued for the offence against subsection (1) is evidence 30 that the offence happened at the time and place, and in 31 the circumstances, stated in the infringement notice. 32 (6) In this section-- 33 relevant party, for the driver of a class 2 heavy vehicle, 34 means-- 35 Page 206

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) an employer of the driver if the driver is an employed 1 driver; or 2 (b) a prime contractor of the driver if the driver is a 3 self-employed driver; or 4 (c) an operator of the vehicle if the driver is making a 5 journey for the operator. 6 Part 4.7 Particular provisions about 7 mass or dimension authorities 8 Division 1 Preliminary 9 154 Definitions for Pt 4.7 10 In this Part-- 11 road condition-- 12 (a) means a condition directed at-- 13 (i) protecting road infrastructure; or 14 (ii) preventing or minimising an adverse effect on the 15 community arising from noise, emissions or traffic 16 congestion or from other matters stated in 17 approved guidelines; or 18 (iii) preventing or minimising significant risks to public 19 safety arising from heavy vehicle use that is 20 incompatible with road infrastructure or traffic 21 conditions; but 22 (b) does not include a condition requiring the installation of 23 equipment or another thing in a vehicle unless the 24 equipment or thing is required to be installed in the 25 vehicle for an intelligent access condition imposed in 26 connection with a condition directed at the matters 27 mentioned in paragraph (a)(i), (ii) or (iii). 28 Page 207

Heavy Vehicle National Law Amendment Bill 2012 [s 12] route assessment, in relation to a mass or dimension 1 authority, means an assessment of the road infrastructure in 2 the areas or on the routes to which the authority is to apply to 3 decide the impact the grant of the authority will have, or is 4 likely to have, on the road infrastructure. 5 travel condition means a condition directed at ensuring that 6 access to a stated route or area is limited to either or both of 7 the following-- 8 (a) stated days or hours (or both); 9 (b) travel in a stated direction. 10 vehicle condition means a condition directed at ensuring a 11 vehicle can operate safely on roads. 12 Division 2 Obtaining consent of relevant road 13 managers 14 155 Application of Div 2 15 This Division applies in relation to the Regulator obtaining 16 the consent of the road manager for a road for the purpose of 17 granting a mass or dimension authority. 18 156 Deciding request for consent generally 19 (1) If the Regulator asks a road manager for a road for the road 20 manager's consent to the grant of a mass or dimension 21 authority, the road manager must decide to give or not to give 22 the consent-- 23 (a) within-- 24 (i) 28 days after the request is made, unless 25 subparagraph (ii) applies; or 26 (ii) if this section applies because the road manager 27 gave the Regulator a notice of objection to the 28 grant under section 167--14 days after giving the 29 notice of objection; or 30 Page 208

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (b) within a longer period, of not more than 6 months after 1 the request is made, agreed to by the Regulator. 2 Note-- 3 See, however, sections 159, 167 and 168. 4 (2) The road manager may ask for, and the Regulator may agree 5 to, a longer period under subsection (1)(b) only if-- 6 (a) consultation is required under a law with another entity 7 (including, for example, for the purpose of obtaining 8 that entity's approval to give the consent); or 9 (b) the road manager considers a route assessment is 10 necessary for deciding whether to give or not to give the 11 consent; or 12 (c) the road manager is the road authority for the 13 participating jurisdiction and considers that a local 14 government authority that is not required under a law to 15 be consulted should nevertheless be consulted before 16 deciding whether to give or not to give the consent. 17 (3) The road manager may decide not to give the consent only if 18 the road manager is satisfied-- 19 (a) the mass or dimension authority will, or is likely to-- 20 (i) cause damage to road infrastructure; or 21 (ii) impose adverse effects on the community arising 22 from noise, emissions or traffic congestion or from 23 other matters stated in approved guidelines; or 24 (iii) pose significant risks to public safety arising from 25 heavy vehicle use that is incompatible with road 26 infrastructure or traffic conditions; and 27 (b) it is not possible to grant the authority subject to road 28 conditions or travel conditions that will avoid, or 29 significantly minimise-- 30 (i) the damage or likely damage; or 31 (ii) the adverse effects or likely adverse effects; or 32 (iii) the significant risks or likely significant risks. 33 Page 209

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (4) Also, in deciding whether or not to give the consent, the road 1 manager must have regard to-- 2 (a) for a mass or dimension exemption--the approved 3 guidelines for granting mass or dimension exemptions; 4 or 5 (b) for a class 2 heavy vehicle authorisation--the approved 6 guidelines for granting class 2 heavy vehicle 7 authorisations. 8 (5) If the Regulator agrees to a longer period under subsection 9 (1)(b), the Regulator must give the applicant for the mass or 10 dimension authority concerned a written statement of the 11 decision-- 12 (a) identifying the road manager concerned; and 13 (b) indicating the ground on which the road manager asked 14 for a longer period. 15 (6) If a relevant road manager for a mass or dimension authority 16 decides not to give consent to the grant of the authority, the 17 relevant road manager must give the Regulator a written 18 statement that explains the road manager's decision and 19 complies with section 172. 20 157 Obtaining third party's approval for giving consent for 21 permit 22 (1) This section applies if-- 23 (a) a person (the applicant) applies for a mass or dimension 24 exemption (permit) or class 2 heavy vehicle 25 authorisation (permit); and 26 (b) consultation with another entity is required under a law. 27 (2) The Regulator must-- 28 (a) notify the applicant that consultation is required; and 29 (b) notify the road manager that the applicant has been 30 notified of the requirement. 31 Page 210

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (3) The Regulator must, as far as practicable, give the 1 notifications under subsection (2) concurrently with asking 2 the road manager for the consent. 3 158 Action pending consultation with third party 4 (1) This section applies if-- 5 (a) consultation with another entity is required under a law; 6 and 7 (b) the road manager does not ask for a longer period under 8 section 156(1)(b) or the Regulator refuses to agree to a 9 longer period asked for under section 156(1)(b). 10 (2) If the consultation with the other entity is not yet completed, 11 the road manager must, as far as practicable, deal with the 12 request for consent and decide to give or not to give the 13 consent (even though the consultation with the other entity is 14 not completed). 15 (3) If the road manager decides to give the consent even though 16 the consultation with the other entity is not completed, the 17 consent is not operative unless and until-- 18 (a) the consultation is completed; and 19 (b) if the other entity's approval is required, the other entity 20 gives its approval. 21 (4) If-- 22 (a) the consultation with the other entity is completed and 23 the other entity's approval is required; and 24 (b) the road manager has not yet decided to give or not to 25 give the consent; 26 the road manager may-- 27 (c) decide not to give the consent, on the ground that the 28 consent would be inoperative; or 29 (d) decide to give the consent, but the consent is inoperative 30 without the other entity's approval. 31 (5) The Regulator must not grant a mass or dimension authority 32 if-- 33 Page 211

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) consultation is required under a law with another entity; 1 and 2 (b) the other entity's approval is required; and 3 (c) the other entity has declined to give its approval. 4 159 Deciding request for consent if route assessment 5 required 6 (1) This section applies if-- 7 (a) a person (the applicant) applies for a mass or dimension 8 exemption (permit) or class 2 heavy vehicle 9 authorisation (permit); and 10 (b) the Regulator asks a road manager for a road for the 11 road manager's consent to the grant of the exemption or 12 authorisation; and 13 (c) the road manager considers a route assessment is 14 necessary for deciding whether to give or not to give the 15 consent. 16 (2) The road manager may notify the Regulator of the 17 following-- 18 (a) that a route assessment is required for the road manager 19 deciding whether to give or not to give the consent; 20 (b) the fee payable (if any) for the route assessment under a 21 law of the jurisdiction in which the road is situated. 22 (3) The Regulator must notify the applicant of the following-- 23 (a) that a route assessment is required for the road manager 24 deciding whether to give or not to give the consent; 25 (b) the fee payable (if any) for the route assessment under a 26 law of the jurisdiction in which the road is situated; 27 (c) if a fee is payable for the route assessment under a law 28 of the jurisdiction in which the road is situated, that the 29 road manager may stop considering whether to give or 30 not to give the consent until the fee is paid; 31 (d) if, under section 156(1)(b), the Regulator agrees to a 32 longer period for the road manager deciding whether to 33 Page 212

Heavy Vehicle National Law Amendment Bill 2012 [s 12] give or not to give the consent, the longer period agreed 1 by the Regulator. 2 (4) If a fee is payable for the route assessment under a law of the 3 jurisdiction in which the road is situated-- 4 (a) the road manager may stop considering whether to give 5 or not to give the consent until the fee is paid; and 6 (b) the period between the day the applicant is given the 7 notification under subsection (3) and the day the fee is 8 paid must not be counted in working out the period 9 taken by the road manager to decide whether to give or 10 not to give the consent. 11 (5) If the applicant does not pay the fee for the route assessment 12 within 28 days after the notification is given to the applicant 13 under subsection (3), or a longer period agreed to by the 14 Regulator, the application lapses. 15 160 Imposition of road conditions 16 (1) A relevant road manager for a mass or dimension authority 17 may consent to the grant of the authority subject to-- 18 (a) except in the case of a class 2 heavy vehicle 19 authorisation (notice)--the condition that a stated road 20 condition is imposed on the authority; or 21 (b) in the case of a class 2 heavy vehicle authorisation 22 (notice)--the condition that a stated road condition of a 23 type prescribed by the national regulations is imposed 24 on the authority. 25 (2) If a relevant road manager for a mass or dimension authority 26 consents to the grant of the authority subject to a condition as 27 mentioned in subsection (1)(a)-- 28 (a) the relevant road manager must give the Regulator a 29 written statement that explains the road manager's 30 decision to give consent to the grant of the authority 31 subject to the condition and complies with section 172; 32 and 33 Page 213

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (b) the Regulator must impose the stated road condition on 1 the authority. 2 (3) If a relevant road manager for a mass or dimension authority 3 consents to the grant of the authority subject to a condition as 4 mentioned in subsection (1)(b), the Regulator must impose the 5 stated road condition on the authority. 6 (4) The national regulations may prescribe road conditions, or 7 kinds of road conditions, for the purposes of subsection (1)(b) 8 and must prescribe the circumstances in which it is 9 appropriate to impose such a condition. 10 161 Imposition of travel conditions 11 (1) A relevant road manager for a mass or dimension authority 12 may consent to the grant of the authority subject to the 13 condition that a stated travel condition is imposed on the 14 authority. 15 (2) If a relevant road manager for a mass or dimension authority 16 consents to the grant of the authority as mentioned in 17 subsection (1)-- 18 (a) the relevant road manager must give the Regulator a 19 written statement that explains the road manager's 20 decision to give consent to the grant of the authority 21 subject to the condition and complies with section 172; 22 and 23 (b) the Regulator must impose the stated travel condition on 24 the authority. 25 162 Imposition of vehicle conditions 26 (1) A relevant road manager for a mass or dimension authority 27 who gives consent to the grant of the authority may ask the 28 Regulator to impose a stated vehicle condition on the 29 authority. 30 (2) If a relevant road manager for a mass or dimension authority 31 makes a request as mentioned in subsection (1), the Regulator 32 must-- 33 Page 214

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) consider the request and decide-- 1 (i) to impose the stated vehicle condition on the 2 authority (with or without modification); or 3 (ii) not to impose the stated vehicle condition on the 4 authority; and 5 (b) notify the relevant road manager of the decision under 6 paragraph (a). 7 163 Obtaining consent of road authority if particular road 8 manager refuses to give consent 9 (1) This section applies if a relevant road manager for a mass or 10 dimension authority-- 11 (a) is a public authority other than a road authority; and 12 (b) either-- 13 (i) decides not to consent to the grant of the mass or 14 dimension authority; or 15 (ii) consents to the grant of the mass or dimension 16 authority subject to the imposition of road 17 conditions or travel conditions the Regulator 18 considers are not necessary to avoid, or 19 significantly minimise-- 20 (A) damage, or likely damage, to road 21 infrastructure; or 22 (B) adverse effects, or likely adverse effects, on 23 the community arising from noise, emissions 24 or traffic congestion or from other matters 25 stated in approved guidelines; or 26 (C) significant risks, or likely significant risks, to 27 public safety arising from heavy vehicle use 28 that is incompatible with road infrastructure 29 or traffic conditions. 30 (2) The Regulator may ask the relevant road authority to consent 31 to the grant. 32 Page 215

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (3) If the Regulator asks the relevant road authority for consent 1 under this section, the road authority must decide to give or 2 not to give the consent-- 3 (a) within 3 months of the request; or 4 (b) within a longer period, of not more than 6 months, 5 agreed to by the Regulator. 6 (4) If the relevant road authority gives the consent or gives the 7 consent on the condition that a stated road condition or travel 8 condition is imposed on the mass or dimension authority-- 9 (a) the decision of the relevant road manager has no effect 10 for the purposes of this Law; and 11 (b) to the extent this Law applies in relation to the consent 12 of, or the road conditions or travel conditions required 13 by, the relevant road manager, this Law (other than this 14 section) applies as if a reference in it to the relevant road 15 manager were a reference to the relevant road authority. 16 (5) In this section-- 17 relevant road authority, for a decision of a relevant road 18 manager for a mass or dimension authority, means the road 19 authority for the participating jurisdiction in which the road 20 for which the relevant road manager is a road manager is 21 situated. 22 164 Information notice for imposition of road conditions 23 requested by road manager 24 (1) This section applies if-- 25 (a) the Regulator grants a mass or dimension authority by 26 giving a person a permit; and 27 (b) the authority is subject to a road condition required by a 28 relevant road manager for the authority when consenting 29 to the grant of the authority. 30 (2) The information notice for the decision to impose the 31 condition given to the person under this Law must state the 32 following, in addition to any other information required to be 33 included in the information notice-- 34 Page 216

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) that the road manager consented to the mass or 1 dimension authority on the condition that the road 2 condition is imposed on the authority; 3 (b) a written statement that explains the road manager's 4 decision to give the consent on the condition that the 5 road condition be imposed on the authority and 6 complies with section 172; 7 (c) the review and appeal information for the road 8 manager's decision to give the consent on the condition 9 that the road condition be imposed on the authority. 10 165 Information notice for imposition of travel conditions 11 requested by road manager 12 (1) This section applies if-- 13 (a) the Regulator grants a mass or dimension authority by 14 giving a person a permit; and 15 (b) the authority is subject to a travel condition required by 16 a relevant road manager for the authority when 17 consenting to the grant of the authority. 18 (2) The information notice for the decision to impose the 19 condition given to the person under this Law must state the 20 following, in addition to any other information required to be 21 included in the information notice-- 22 (a) that the road manager consented to the mass or 23 dimension authority on the condition that the travel 24 condition is imposed on the authority; 25 (b) a written statement that explains the road manager's 26 decision to give the consent on the condition that the 27 travel condition be imposed on the authority and 28 complies with section 172; 29 (c) the review and appeal information for the road 30 manager's decision to give the consent on the condition 31 that the travel condition be imposed on the authority. 32 Page 217

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 166 Information notice for decision to refuse application 1 because road manager did not give consent 2 (1) This section applies if an application for a mass or dimension 3 authority is refused, wholly or partly, because a relevant road 4 manager for the authority has refused to consent to the 5 authority. 6 (2) The information notice for the decision to refuse the 7 application given to the applicant under this Law must state 8 the following, in addition to any other information required to 9 be included in the information notice-- 10 (a) that the road manager has refused to consent to the mass 11 or dimension authority; 12 (b) a written statement that explains the road manager's 13 decision to refuse to give the consent and complies with 14 section 172; 15 (c) the review and appeal information for the road 16 manager's decision to refuse to give the consent. 17 167 Expedited procedure for road manager's consent for 18 renewal of mass or dimension authority 19 (1) This section applies if-- 20 (a) the relevant road manager has previously consented to a 21 grant of a mass or dimension authority (the previous 22 authority); and 23 (b) the Regulator proposes to grant a mass or dimension 24 authority (the proposed replacement authority) by way 25 of renewal so as to replace the previous authority on its 26 expiry; and 27 (c) the Regulator proposes to impose the same conditions 28 on the proposed replacement authority as applied to the 29 previous authority; and 30 (d) the Regulator informs the relevant road manager that the 31 Regulator is seeking to obtain the manager's consent in 32 accordance with the procedure under this section (the 33 expedited procedure). 34 Page 218

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (2) However, this section does not apply, or ceases to apply, if-- 1 (a) there are differences between the terms of the previous 2 authority and the terms of the proposed replacement 3 authority, including, for example-- 4 (i) differences relating to the description of the type of 5 heavy vehicle covered by the proposed 6 replacement authority; and 7 (ii) additional, deleted or varied conditions; and 8 (iii) the inclusion of additional areas or routes; or 9 (b) the relevant road manager gives the Regulator a notice 10 of objection to the application of this section to the 11 proposed replacement authority and that notice of 12 objection is given within the period (the relevant 13 period) of-- 14 (i) 14 days after the request for consent is made; or 15 (ii) 28 days after the request for consent is made if the 16 road manager seeks the extension of time within 17 the initial 14 days; or 18 (c) the Regulator gives the relevant road manager a notice 19 that the Regulator withdraws the proposed replacement 20 authority from the expedited procedure; or 21 (d) a law of this jurisdiction requires consultation with third 22 parties before the grant of the proposed replacement 23 authority or before access to a particular route or area 24 covered by it is given. 25 (3) The road manager is taken to have given the consent at the end 26 of the relevant period to the grant of the proposed replacement 27 authority on the same conditions as applied to the previous 28 authority, unless before the end of that period the road 29 manager gives written notice to the Regulator that the road 30 manager gives or refuses consent. 31 Page 219

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 168 Operation of section 167 1 (1) Sections 156 to 166 do not apply to a request for consent 2 while a proposed replacement authority is being dealt with 3 under the expedited procedure under section 167. 4 (2) Those sections apply to the request for consent if section 167 5 does not apply or ceases to apply, as referred to in section 6 167(2). 7 169 Granting limited consent for trial purposes 8 (1) A relevant road manager may give consent to the grant of a 9 mass or dimension authority for a trial period of no more than 10 3 months specified by the road manager. 11 (2) The trial period determines the maximum period for which the 12 mass or dimension authority applies. 13 (3) If there is more than one relevant road manager in relation to a 14 proposed mass or dimension authority, the consent of one or 15 more of the road managers is ineffective unless all the road 16 managers give their consent to the same effect. 17 170 Renewal of limited consent for trial purposes 18 (1) The Regulator must notify each relevant road manager that 19 gave consent under section 169 that the mass or dimension 20 authority concerned will be renewed with effect from the end 21 of the current period of its duration unless action is taken 22 under this section. 23 (2) The notification must be given at least one month before the 24 end of the current trial period. 25 (3) The Regulator must renew the mass or dimension authority 26 for a further trial period of no more than 3 months, unless the 27 Regulator receives a written objection to its renewal from a 28 relevant road manager within the current trial period. 29 (4) The mass or dimension authority is renewable for one or more 30 further trial periods. 31 Page 220

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 171 Period for which mass or dimension authority applies 1 where limited consent 2 (1) This section applies where a mass or dimension exemption is 3 granted under section 169 or 170. 4 (2) In the case of a mass or dimension exemption (permit) or a 5 class 2 heavy vehicle authorisation (permit), the period for 6 which the permit applies must not exceed the length of the 7 trial period. 8 (3) In the case of a mass or dimension exemption (notice) or a 9 class 2 heavy vehicle authorisation (notice), then, despite 10 section 120 or 141, the period for which the notice applies is 11 so much of the period stated in the Commonwealth Gazette 12 notice referred to in that section as does not exceed the trial 13 period. 14 172 Requirements for statement explaining adverse decision 15 of road manager 16 (1) This section applies to a written statement explaining a 17 decision of a relevant road manager under this Division-- 18 (a) not to give consent to the grant of a mass or dimension 19 authority (as referred to in section 156); or 20 (b) to consent to the grant of a mass or dimension authority 21 on the condition that-- 22 (i) a road condition is imposed on the authority (as 23 referred to in section 160); or 24 (ii) a travel condition is imposed on the authority (as 25 referred to in section 161). 26 (2) The written statement complies with this section if it-- 27 (a) sets out the findings on material questions of fact, 28 referring to the evidence or other material on which 29 those findings were based and giving the reasons for the 30 road manager's decision; and 31 (b) identifies every document or part of a document that is 32 relevant to the road manager's decision and is-- 33 (i) in the road manager's possession; or 34 Page 221

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (ii) under the road manager's control; or 1 (iii) otherwise available to the road manager. 2 Division 3 Amendment, cancellation or 3 suspension of mass or dimension 4 authority granted by 5 Commonwealth Gazette notice 6 173 Amendment or cancellation on Regulator's initiative 7 (1) It is a ground for amending or cancelling a mass or dimension 8 authority granted by Commonwealth Gazette notice if the use 9 of heavy vehicles on a road under the authority has caused, or 10 is likely to cause, a significant risk to public safety. 11 (2) If the Regulator considers a ground exists to amend or cancel 12 the mass or dimension authority, the Regulator may amend or 13 cancel the authority by complying with subsections (3) to (5). 14 (3) The Regulator must publish a notice in the Commonwealth 15 Gazette, in a newspaper circulating generally throughout each 16 relevant participating jurisdiction and on the Regulator's 17 website-- 18 (a) stating that the Regulator believes a ground exists to 19 amend or cancel the authority; and 20 (b) outlining the facts and circumstances forming the basis 21 for the belief; and 22 (c) stating the action the Regulator is proposing to take 23 under this section (the proposed action); and 24 (d) inviting persons who will be affected by the proposed 25 action to make, within a stated time of at least 14 days 26 after the Commonwealth Gazette notice is published, 27 written representations about why the proposed action 28 should not be taken. 29 (4) If, after considering all written representations made under 30 subsection (3)(d), the Regulator still considers a ground exists 31 to take the proposed action, the Regulator may-- 32 Page 222

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) if the proposed action was to amend the mass or 1 dimension authority--amend the authority in a way that 2 is not substantially different from the proposed action, 3 including, for example, by-- 4 (i) amending the areas or routes to which the authority 5 applies; or 6 (ii) amending the days or hours to which the authority 7 applies; or 8 (iii) imposing additional vehicle conditions on the 9 authority; or 10 (b) if the proposed action was to cancel the mass or 11 dimension authority-- 12 (i) amend the authority, including, for example, as 13 mentioned in paragraph (a)(i), (ii) or (iii); or 14 (ii) cancel the authority. 15 (5) Notice of the amendment or cancellation must be published-- 16 (a) in-- 17 (i) the Commonwealth Gazette; and 18 (ii) a newspaper circulating generally throughout each 19 relevant participating jurisdiction; and 20 (b) on the Regulator's website; and 21 (c) in any other newspaper the Regulator considers 22 appropriate. 23 Example for the purposes of paragraph (c)-- 24 If the mass or dimension authority relates to a particular part of a 25 participating jurisdiction, the Regulator may consider it 26 appropriate to publish the notice in a newspaper circulating 27 generally in the part. 28 (6) The amendment or cancellation takes effect-- 29 (a) 28 days after the Commonwealth Gazette notice is 30 published under subsection (5); or 31 (b) if a later time is stated in the Commonwealth Gazette 32 notice, at the later time. 33 Page 223

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (7) In this section-- 1 relevant participating jurisdiction, for a mass or dimension 2 authority, means a participating jurisdiction in which the 3 whole or part of an area or route to which the authority applies 4 is situated. 5 174 Amendment or cancellation on request by relevant road 6 manager 7 (1) This section applies if a relevant road manager for a mass or 8 dimension authority granted by Commonwealth Gazette 9 notice is satisfied the use of heavy vehicles on a road under 10 the authority-- 11 (a) has caused, or is likely to cause, damage to road 12 infrastructure; or 13 (b) has had, or is likely to have, an adverse effect on the 14 community arising from noise, emissions or traffic 15 congestion or from other matters stated in approved 16 guidelines; or 17 (c) has posed, or is likely to pose, a significant risk to public 18 safety arising from heavy vehicle use that is 19 incompatible with road infrastructure or traffic 20 conditions. 21 (2) The road manager may ask the Regulator to-- 22 (a) amend the mass or dimension authority by-- 23 (i) amending the areas or routes to which the authority 24 applies; or 25 (ii) amending the days or hours to which the authority 26 applies; or 27 (iii) imposing or amending road conditions or travel 28 conditions; or 29 (b) cancel the authority. 30 (3) The Regulator must comply with the request. 31 (4) However, if consent to the grant of the mass or dimension 32 authority was given by a road authority under section 163-- 33 Page 224

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) the Regulator may refer the request to the road 1 authority; and 2 (b) if the road authority gives the Regulator its written 3 approval of the request, the Regulator must comply with 4 the request; and 5 (c) if the road authority does not give written approval of 6 the road manager's request within 28 days after the 7 referral is made, the Regulator-- 8 (i) must not comply with the request; and 9 (ii) must notify the road manager that the road 10 authority has not given its written approval of the 11 request and, as a result, the Regulator must not 12 comply with it. 13 (5) Notice of the amendment or cancellation must be published-- 14 (a) in-- 15 (i) the Commonwealth Gazette; and 16 (ii) a newspaper circulating generally throughout each 17 relevant participating jurisdiction; and 18 (b) on the Regulator's website; and 19 (c) in any other newspaper the Regulator considers 20 appropriate. 21 Example for the purposes of paragraph (c)-- 22 If the mass or dimension authority relates to a particular part of a 23 participating jurisdiction, the Regulator may consider it 24 appropriate to publish the notice in a newspaper circulating 25 generally in the part. 26 (6) The amendment or cancellation takes effect-- 27 (a) 28 days after the Commonwealth Gazette notice is 28 published under subsection (5); or 29 (b) if a later time is stated in the Commonwealth Gazette 30 notice, at the later time. 31 (7) In this section-- 32 relevant participating jurisdiction, for a mass or dimension 33 authority, means a participating jurisdiction in which the 34 Page 225

Heavy Vehicle National Law Amendment Bill 2012 [s 12] whole or part of an area or route to which the authority applies 1 is situated. 2 175 Immediate suspension 3 (1) This section applies if the Regulator considers it is necessary 4 to suspend a mass or dimension authority granted by 5 Commonwealth Gazette notice immediately to prevent or 6 minimise serious harm to public safety or significant damage 7 to road infrastructure. 8 (2) The Regulator may, by publishing a notice as mentioned in 9 subsection (3) (immediate suspension notice), immediately 10 suspend the authority until the earliest of the following-- 11 (a) the Regulator publishes a notice under section 173(5) or 12 174(5) and the amendment or cancellation takes effect 13 under section 173(6) or 174(6); 14 (b) the Regulator cancels the suspension; 15 (c) the end of 56 days after the day the immediate 16 suspension notice is published. 17 (3) The immediate suspension notice, and (where relevant) notice 18 of the cancellation of the suspension, must be published-- 19 (a) in-- 20 (i) the Commonwealth Gazette; and 21 (ii) a newspaper circulating generally throughout each 22 relevant participating jurisdiction; and 23 (b) on the Regulator's website; and 24 (c) in any other newspaper the Regulator considers 25 appropriate. 26 Example for the purposes of paragraph (c)-- 27 If the mass or dimension authority relates to a particular part of a 28 participating jurisdiction, the Regulator may consider it 29 appropriate to publish the notice in a newspaper circulating 30 generally in the part. 31 Page 226

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (4) The suspension, and (where relevant) the cancellation of the 1 suspension, takes effect immediately after the Commonwealth 2 Gazette notice is published under subsection (3). 3 (5) This section applies despite sections 173 and 174. 4 (6) In this section-- 5 relevant participating jurisdiction, for a mass or dimension 6 authority, means a participating jurisdiction in which the 7 whole or part of an area or route to which the authority applies 8 is situated. 9 Division 4 Amendment, cancellation or 10 suspension of mass or dimension 11 authority granted by permit 12 176 Amendment or cancellation on application by permit 13 holder 14 (1) The holder of a permit for a mass or dimension authority may 15 apply to the Regulator for an amendment or cancellation of 16 the authority. 17 (2) The application must-- 18 (a) be in writing; and 19 (b) be accompanied by the prescribed fee for the 20 application; and 21 (c) if the application is for an amendment, state clearly the 22 amendment sought and the reasons for the amendment; 23 and 24 (d) be accompanied by the permit. 25 (3) The Regulator may, by notice given to the applicant, require 26 the applicant to give the Regulator any additional information 27 the Regulator reasonably requires to decide the application. 28 (4) If the proposed amendment of the mass or dimension 29 authority is-- 30 Page 227

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) to amend the areas or routes to which the authority 1 applies (otherwise than by omitting an area or route or 2 reducing an area or route in size); or 3 (b) to impose or amend road conditions or travel conditions; 4 then-- 5 (c) the Regulator must ask the relevant road managers (for 6 the roads to which the amendment relates) for their 7 consent to the amendment; and 8 (d) the provisions of Division 2 apply to the request for 9 consent in the same way as they apply to a request for 10 consent under that Division, with the modifications (if 11 any) prescribed by the national regulations and with any 12 necessary modifications. 13 (5) The Regulator must decide the application as soon as 14 practicable after receiving it. 15 (6) If the Regulator decides to grant the application-- 16 (a) the Regulator must give the applicant notice of the 17 decision; and 18 (b) the amendment or cancellation takes effect-- 19 (i) when notice of the decision is given to the 20 applicant; or 21 (ii) if a later time is stated in the notice, at the later 22 time; and 23 (c) if the Regulator amended the authority, the Regulator 24 must give the applicant a replacement permit for the 25 authority as amended. 26 (7) If the Regulator decides not to amend or cancel the mass or 27 dimension authority as sought by the applicant, the Regulator 28 must-- 29 (a) give the applicant an information notice for the decision; 30 and 31 (b) return the permit for the authority to the applicant. 32 Page 228

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 177 Amendment or cancellation on Regulator's initiative 1 (1) Each of the following is a ground for amending or cancelling 2 a mass or dimension authority granted by giving a person a 3 permit-- 4 (a) the authority was granted because of a document or 5 representation that was-- 6 (i) false or misleading; or 7 (ii) obtained or made in an improper way; 8 (b) the holder of the permit for the authority has 9 contravened a condition of the authority; 10 (c) the use of heavy vehicles on a road under the authority 11 has caused, or is likely to cause, a significant risk to 12 public safety. 13 (2) If the Regulator considers a ground exists to amend or cancel 14 a mass or dimension authority granted by giving a person a 15 permit (the proposed action), the Regulator must give the 16 holder of the permit a notice-- 17 (a) stating the proposed action; and 18 (b) stating the ground for the proposed action; and 19 (c) outlining the facts and circumstances forming the basis 20 for the ground; and 21 (d) if the proposed action is to amend the authority 22 (including a condition of the authority)--stating the 23 proposed amendment; and 24 (e) inviting the holder to make, within a stated time of at 25 least 14 days after the notice is given to the holder, 26 written representations about why the proposed action 27 should not be taken. 28 (3) If, after considering all written representations made under 29 subsection (2)(e), the Regulator still considers a ground exists 30 to take the proposed action, the Regulator may-- 31 (a) if the proposed action was to amend the mass or 32 dimension authority--amend the authority in a way that 33 Page 229

Heavy Vehicle National Law Amendment Bill 2012 [s 12] is not substantially different from the proposed action, 1 including, for example, by-- 2 (i) amending the areas or routes to which the authority 3 applies; or 4 (ii) amending the days or hours to which the authority 5 applies; or 6 (iii) imposing additional vehicle conditions on the 7 authority; or 8 (b) if the proposed action was to cancel the authority-- 9 (i) amend the authority, including, for example, as 10 mentioned in paragraph (a)(i), (ii) or (iii); or 11 (ii) cancel the authority. 12 (4) The Regulator must give the holder an information notice for 13 the decision. 14 (5) The amendment or cancellation takes effect-- 15 (a) when the information notice is given to the holder; or 16 (b) if a later time is stated in the information notice, at the 17 later time. 18 178 Amendment or cancellation on request by relevant road 19 manager 20 (1) This section applies if a relevant road manager for a mass or 21 dimension authority granted by giving a person a permit is 22 satisfied the use of heavy vehicles on a road under the 23 authority-- 24 (a) has caused, or is likely to cause, damage to road 25 infrastructure; or 26 (b) has had, or is likely to have, an adverse effect on the 27 community arising from noise, emissions or traffic 28 congestion or from other matters stated in approved 29 guidelines; or 30 (c) has posed, or is likely to pose, a significant risk to public 31 safety arising from heavy vehicle use that is 32 Page 230

Heavy Vehicle National Law Amendment Bill 2012 [s 12] incompatible with road infrastructure or traffic 1 conditions. 2 (2) The road manager may ask the Regulator to-- 3 (a) amend the mass or dimension authority, including, for 4 example, by-- 5 (i) amending the areas or routes to which the authority 6 applies; or 7 (ii) amending the days or hours to which the authority 8 applies; or 9 (iii) imposing or amending road conditions or travel 10 conditions on the authority; or 11 (b) cancel the authority. 12 (3) The Regulator must comply with the request. 13 (4) However, if consent to the grant of the mass or dimension 14 authority was given by a road authority under section 163-- 15 (a) the Regulator may refer the request to the road 16 authority; and 17 (b) if the road authority gives the Regulator its written 18 approval of the request, the Regulator must comply with 19 the request; and 20 (c) if the road authority does not give written approval of 21 the request within 28 days after the referral is made, the 22 Regulator-- 23 (i) must not comply with the request; and 24 (ii) must notify the road manager that the road 25 authority has not given its written approval of the 26 request and, as a result, the Regulator must not 27 comply with it. 28 (5) If the mass or dimension authority is amended or cancelled 29 under this section, the Regulator must give the holder of the 30 permit for the authority notice of the amendment or 31 cancellation at least 28 days before the amendment or 32 cancellation is to take effect. 33 (6) The notice given to the holder must state-- 34 Page 231

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) the day the amendment or cancellation is to take effect; 1 and 2 (b) the reasons given by the road manager for the 3 amendment or cancellation; and 4 (c) the review and appeal information for the road 5 manager's decision. 6 179 Immediate suspension 7 (1) This section applies if the Regulator considers it is necessary 8 to suspend a mass or dimension authority granted by issuing a 9 permit to someone immediately to prevent or minimise 10 serious harm to public safety or significant damage to road 11 infrastructure. 12 (2) The Regulator may, by notice (immediate suspension notice) 13 given to the person to whom the permit was given, 14 immediately suspend the authority until the earliest of the 15 following-- 16 (a) the Regulator gives the person a notice under section 17 177(4) or 178(5) and the amendment or cancellation 18 takes effect under section 177(5) or 178; 19 (b) the Regulator cancels the suspension; 20 (c) the end of 56 days after the day the immediate 21 suspension notice is given to the person. 22 (3) This section applies despite sections 176, 177 and 178. 23 180 Minor amendment of permit for a mass or dimension 24 authority 25 (1) The Regulator may, by notice given to the holder of a permit 26 for a mass or dimension authority, amend the authority in a 27 minor respect-- 28 (a) for a formal or clerical reason; or 29 (b) in another way that does not adversely affect the 30 holder's interests. 31 Page 232

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (2) The Regulator must provide the relevant road manager with 1 notice of the amendment. 2 Division 5 Provisions about permits for mass 3 or dimension authorities 4 181 Return of permit 5 (1) This section applies to a mass or dimension authority granted 6 by giving a person a permit. 7 (2) If the mass or dimension authority is amended or cancelled, 8 the Regulator may, by notice, require the person to return the 9 person's permit for the authority to the Regulator. 10 (3) The person must comply with the notice within 7 days after 11 the notice is given to the person or, if a longer period is stated 12 in the notice, within the longer period. 13 Maximum penalty--$4000. 14 (4) If the mass or dimension authority has been amended, the 15 Regulator must give the person a replacement permit for the 16 authority as amended. 17 182 Replacement of defaced etc. permit 18 (1) If a person's permit for a mass or dimension authority is 19 defaced, destroyed, lost or stolen, the person must, as soon as 20 reasonably practicable after becoming aware of the matter, 21 apply to the Regulator for a replacement permit. 22 Maximum penalty--$4000. 23 (2) If the Regulator is satisfied the permit has been defaced, 24 destroyed, lost or stolen, the Regulator must give the person a 25 replacement permit as soon as practicable. 26 (3) If the Regulator decides not to give a replacement permit to 27 the person, the Regulator must give the person an information 28 notice for the decision. 29 Page 233

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Part 4.8 Extended liability 1 183 Liability of employer etc. for contravention of mass, 2 dimension or loading requirement 3 (1) This section applies to an offence against section 96, 102 or 4 111 (a relevant offence). 5 (2) If a relevant offence is committed in relation to a heavy 6 vehicle, each of the following persons is taken to have 7 committed an offence against this subsection-- 8 (a) an employer of the driver of the vehicle if the driver is 9 an employed driver; 10 (b) a prime contractor of the driver of the vehicle if the 11 driver is a self-employed driver; 12 (c) an operator of the vehicle or, if it is a combination, an 13 operator of a vehicle in the combination; 14 (d) a consignor of any goods for road transport using the 15 vehicle that are in the vehicle; 16 (e) a packer of any goods in the vehicle; 17 (f) a loading manager for any goods in the vehicle; 18 (g) a loader of any goods in the vehicle. 19 Maximum penalty for an offence against this subsection--an 20 amount equal to the maximum penalty for the relevant 21 offence. 22 (3) A person charged with an offence against subsection (2) does 23 not have the benefit of the mistake of fact defence for the 24 offence. 25 (4) However, in a proceeding for an offence against subsection 26 (2), the person charged has the benefit of the reasonable steps 27 defence for the offence. 28 Note-- 29 See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 30 (5) In a proceeding for an offence against subsection (2)-- 31 Page 234

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) it is irrelevant whether or not the driver has been or will 1 be proceeded against, or convicted of, the relevant 2 offence; and 3 (b) evidence a court has convicted the driver of the relevant 4 offence is evidence that the offence happened at the time 5 and place, and in the circumstances, stated in the charge 6 resulting in the conviction; and 7 (c) evidence of details stated in an infringement notice 8 issued for the relevant offence is evidence that the 9 offence happened at the time and place, and in the 10 circumstances, stated in the infringement notice. 11 Part 4.9 Other offences 12 Division 1 Towing restriction 13 184 Towing restriction 14 (1) A person must not drive a heavy motor vehicle towing more 15 than 1 other vehicle. 16 Maximum penalty--$3000. 17 (2) Subsection (1) does not apply to a person driving a heavy 18 vehicle-- 19 (a) under a mass or dimension authority; or 20 (b) in circumstances prescribed by the national regulations. 21 Division 2 Coupling requirements 22 185 Requirements about coupling trailers 23 (1) A person commits an offence if-- 24 Page 235

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) the person uses, or permits to be used, on a road a heavy 1 combination; and 2 (b) a trailer in the combination is not securely coupled to 3 the vehicle in front of it. 4 Maximum penalty--$6000. 5 (2) A person commits an offence if-- 6 (a) the person uses, or permits to be used, on a road a heavy 7 combination; and 8 (b) the components of a coupling used between vehicles in 9 the heavy combination are not compatible with, or 10 properly connected to, each other. 11 Maximum penalty--$6000. 12 (3) In this section-- 13 coupling means a device used to couple a vehicle in a 14 combination to the vehicle in front of it. 15 Division 3 Transport documentation 16 186 False or misleading transport documentation for goods 17 (1) This section applies if goods are consigned for road transport 18 using a heavy vehicle, or for transport partly by road using a 19 heavy vehicle and partly by some other means. 20 (2) Each consignor of the goods commits an offence if the 21 transport documentation for the consignment in so far as it 22 relates to the mass, dimension or loading of any or all of the 23 goods is false or misleading in a material particular. 24 Maximum penalty--$10000. 25 (3) Each packer of the goods commits an offence if-- 26 (a) the goods are packed in Australia in a freight container 27 or other container, or in a package or on a pallet, for 28 road transport; and 29 Page 236

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (b) the transport documentation for the consignment in so 1 far as it relates to the mass, dimension or loading of any 2 or all of the goods is false or misleading in a material 3 particular. 4 Maximum penalty--$10000. 5 (4) Each loading manager for, or loader of, the goods commits an 6 offence if-- 7 (a) the goods are loaded onto a heavy vehicle for road 8 transport; and 9 (b) the transport documentation for the consignment in so 10 far as it relates to the mass, dimension or loading of any 11 or all of the goods is false or misleading in a material 12 particular. 13 Maximum penalty--$10000. 14 (5) Each receiver of the goods in Australia commits an offence 15 if-- 16 (a) the goods are packed outside Australia in a freight 17 container or other container, or in a package or on a 18 pallet, for road transport; and 19 (b) the transport documentation for the consignment in so 20 far as it relates to the mass, dimension or loading of any 21 or all of the goods is false or misleading in a material 22 particular. 23 Maximum penalty--$10000. 24 (6) A person charged with an offence against subsection (2), (3), 25 (4) or (5) does not have the benefit of the mistake of fact 26 defence for the offence. 27 (7) However, in a proceeding for an offence against subsection 28 (2), (3), (4) or (5), the person charged has the benefit of the 29 reasonable steps defence for the offence. 30 Note-- 31 See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 32 (8) In a proceeding for an offence against subsection (2), (3), (4) 33 or (5), it is enough for a charge to state that the transport 34 Page 237

Heavy Vehicle National Law Amendment Bill 2012 [s 12] documentation was `false or misleading', without specifying 1 whether it was false or whether it was misleading. 2 (9) In this section-- 3 receiver, of goods in Australia, means a person who, other 4 than the person who merely unloads the goods-- 5 (a) first receives the goods in Australia; or 6 (b) unpacks the goods after the goods are first unloaded in 7 Australia. 8 187 False or misleading information in container weight 9 declaration 10 (1) This section applies in relation to a freight container to be 11 transported by road using a heavy vehicle, or partly by road 12 using a heavy vehicle and partly by some other means. 13 (2) The responsible entity for the freight container commits an 14 offence if-- 15 (a) the responsible entity gives the container to an operator 16 of a heavy vehicle; and 17 (b) the container weight declaration for the container 18 contains information that is false or misleading in a 19 material particular. 20 Maximum penalty--$10000. 21 (3) An operator of a heavy vehicle commits an offence if-- 22 (a) the operator arranges for the freight container to be 23 transported by road using the vehicle; and 24 (b) the container weight declaration for the container given 25 to the vehicle's driver contains information that is false 26 or misleading in a material particular. 27 Maximum penalty--$10000. 28 (4) For the purposes of this section, information in a container 29 weight declaration is not false or misleading merely because it 30 overstates the actual weight of the freight container and its 31 contents. 32 Page 238

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (5) A person charged with an offence against subsection (2) or (3) 1 does not have the benefit of the mistake of fact defence for the 2 offence. 3 (6) However, in a proceeding for an offence against subsection (2) 4 or (3), the person charged has the benefit of the reasonable 5 steps defence for the offence. 6 Note-- 7 See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 8 (7) In a proceeding for an offence against subsection (2) or (3), it 9 is enough for a charge to state that information contained in 10 the container weight declaration was `false or misleading', 11 without specifying whether it was false or whether it was 12 misleading. 13 Division 4 Other offences about container 14 weight declarations 15 188 Application of Div 4 16 This Division applies to a freight container consigned for road 17 transport using a heavy vehicle, or for transport partly by road 18 using a heavy vehicle and partly by some other means. 19 189 Meaning of complying container weight declaration 20 A container weight declaration for a freight container is a 21 complying container weight declaration if-- 22 (a) it contains the following additional information-- 23 (i) the number and other particulars of the freight 24 container necessary to identify the container; 25 (ii) the name and residential address or business 26 address in Australia of the responsible entity for 27 the freight container; 28 (iii) the date the container weight declaration is made; 29 and 30 Page 239

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (b) it is written and easily legible; and 1 (c) the information in the container weight declaration is in 2 a form readily available to an authorised officer who 3 seeks to ascertain it while in the presence of the freight 4 container, including, for example, by-- 5 (i) examining documents located in the heavy vehicle 6 on which the freight container is loaded or to be 7 loaded; or 8 (ii) obtaining the information by radio or mobile 9 telephone or by other means. 10 190 Duty of responsible entity 11 (1) The responsible entity for the freight container must not 12 permit an operator or driver of a heavy vehicle to transport the 13 freight container by road using the vehicle unless the operator 14 or driver has been provided with a complying container 15 weight declaration for the freight container. 16 Maximum penalty--$6000. 17 (2) A person charged with an offence against subsection (1) does 18 not have the benefit of the mistake of fact defence for the 19 offence. 20 (3) However, in a proceeding for an offence against subsection 21 (1), the person charged has the benefit of the reasonable steps 22 defence for the offence. 23 Note-- 24 See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 25 191 Duty of operator 26 (1) An operator of a heavy vehicle must not permit the vehicle's 27 driver to transport the freight container by road using the 28 vehicle unless the driver has been provided with a complying 29 container weight declaration for the freight container. 30 Maximum penalty--$6000. 31 Page 240

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (2) If the driver of a heavy vehicle does not have the complying 1 container weight declaration when transporting the freight 2 container by road using the vehicle, an operator of the vehicle 3 is taken to have contravened subsection (1) unless the operator 4 proves that the driver was provided with the declaration before 5 the driver started transporting the freight container. 6 (3) If the freight container is to be transported partly by a person 7 (a carrier) by a means other than by road using a heavy 8 vehicle, an operator of a heavy vehicle must not give the 9 freight container to the carrier unless the carrier has been 10 provided with-- 11 (a) a complying container weight declaration for the freight 12 container; or 13 (b) the prescribed particulars contained in a complying 14 container weight declaration for the freight container. 15 Maximum penalty--$6000. 16 (4) A person charged with an offence against subsection (1) or (3) 17 does not have the benefit of the mistake of fact defence for the 18 offence. 19 (5) However, in a proceeding for an offence against subsection (1) 20 or (3), the person charged has the benefit of the reasonable 21 steps defence for the offence. 22 Note-- 23 See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 24 (6) In this section-- 25 prescribed particulars, contained in a complying container 26 weight declaration for a freight container, means-- 27 (a) information about the weight of the freight container 28 and its contents; and 29 (b) the information mentioned in section 189(a). 30 Page 241

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 192 Duty of driver 1 (1) A person must not drive a heavy vehicle loaded with the 2 freight container on a road unless the person has a complying 3 container weight declaration for the container. 4 Maximum penalty--$6000. 5 (2) The driver of a heavy vehicle loaded with the freight container 6 must, when driving the vehicle on a road, keep the complying 7 container weight declaration for the container-- 8 (a) in or about the vehicle; and 9 (b) in a way that enables the information in the declaration 10 to be readily available to an authorised officer who seeks 11 to ascertain it while in the presence of the freight 12 container. 13 Maximum penalty--$3000. 14 (3) A person charged with an offence against subsection (1) or (2) 15 does not have the benefit of the mistake of fact defence for the 16 offence. 17 (4) However, in a proceeding for an offence against subsection (1) 18 or (2), the person charged has the benefit of the reasonable 19 steps defence for the offence. 20 Note-- 21 See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 22 Division 5 Other offences 23 193 Weight of freight container exceeding weight stated on 24 container or safety approval plate 25 (1) This section applies if a freight container contains goods 26 consigned for road transport using a heavy vehicle, or for 27 transport partly by road using a heavy vehicle and partly by 28 some other means. 29 (2) Each consignor or packer of the goods commits an offence if 30 the weight of the container exceeds the maximum gross 31 Page 242

Heavy Vehicle National Law Amendment Bill 2012 [s 12] weight marked on the container or the container's safety 1 approval plate. 2 Maximum penalty--$10000. 3 (3) A person charged with an offence against subsection (2) does 4 not have the benefit of the mistake of fact defence for the 5 offence. 6 (4) However, in a proceeding for an offence against subsection 7 (2), the person charged has the benefit of the reasonable steps 8 defence for the offence. 9 Note-- 10 See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 11 (5) In this section-- 12 safety approval plate, for a freight container, means the safety 13 approval plate required to be attached to the container under 14 the International Convention for Safe Containers set out in 15 Schedule 5 of the Navigation Act 1912 of the Commonwealth. 16 194 Conduct of consignee resulting or potentially resulting in 17 contravention of mass, dimension or loading 18 requirement 19 (1) A person who is a consignee of goods consigned for road 20 transport using a heavy vehicle commits an offence if-- 21 (a) the person does an act or makes an omission; and 22 (b) the doing of the act or making of the omission results, or 23 is likely to result, in inducing or rewarding a 24 contravention of a mass, dimension or loading 25 requirement; and 26 (c) the person-- 27 (i) intends that result; or 28 (ii) is reckless or negligent as to the matter mentioned 29 in paragraph (b). 30 Maximum penalty--$10000. 31 Page 243

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (2) Without limiting subsection (1)(c)(i), the person is taken to 1 have intended the result mentioned in subsection (1)(b) if the 2 person knew or ought reasonably to have known that-- 3 (a) a container weight declaration for the container in which 4 the goods were consigned was not given as required by 5 this Law; or 6 (b) a container weight declaration given for the container 7 contained information about the weight of the container 8 and its contents that was false or misleading in a 9 material particular. 10 Part 4.10 Other provisions 11 195 Conflicting mass requirements 12 (1) This section applies if 2 or more conflicting mass 13 requirements apply to a heavy vehicle. 14 (2) Of the conflicting requirements, the requirement imposing the 15 lower or lowest mass limit applies to the heavy vehicle and the 16 other requirement or requirements must be disregarded to the 17 extent of the conflict. 18 196 Conflicting dimension requirements 19 (1) This section applies if 2 or more conflicting dimension 20 requirements apply to a heavy vehicle. 21 (2) Of the conflicting requirements, the requirement imposing the 22 more or most restrictive dimension limit applies to the heavy 23 vehicle and the other requirement or requirements must be 24 disregarded to the extent of the conflict. 25 Page 244

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 197 Exemption from compliance with particular requirements 1 in emergency 2 (1) The Regulator may, orally or in writing, exempt a heavy 3 vehicle, or the driver or operator of a heavy vehicle, from a 4 prescribed requirement if the Regulator is satisfied-- 5 (a) the vehicle is being used, or is intended to be used, in an 6 emergency, including, for example, a fire, explosion or 7 natural disaster-- 8 (i) to protect life or property; or 9 (ii) to restore communication or the supply of energy 10 or water or services, including, for example, 11 sewage disposal; and 12 (b) granting the exemption will not create an unreasonable 13 danger to other road users. 14 (2) An exemption granted under subsection (1) may be subject to 15 conditions the Regulator considers appropriate. 16 (3) If an exemption is granted orally under subsection (1), the 17 Regulator must, as soon as practicable-- 18 (a) make a written record of the exemption and any 19 conditions to which it is subject; and 20 (b) give a copy of the written record to an operator of the 21 heavy vehicle to which it relates. 22 (4) An exemption under this section has effect only while the 23 conditions, if any, to which it is subject are complied with. 24 (5) The Regulator is to notify the relevant road authority of the 25 grant of an exemption under subsection (1) as soon as 26 practicable after it is granted. 27 (6) In this section-- 28 prescribed requirement means-- 29 (a) a mass requirement; or 30 (b) a dimension requirement; or 31 Page 245

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (c) a requirement under Part 4.5, including, for example, a 1 requirement to comply with a condition of an exemption 2 under that Part; or 3 (d) a requirement under Part 4.6, including, for example, a 4 requirement to comply with a condition of an 5 authorisation under that Part. 6 relevant road authority, for an exemption granted under 7 subsection (1), means the road authority for the participating 8 jurisdiction in which the road likely to be travelled under the 9 exemption is situated. 10 198 Recovery of losses arising from non-provision of 11 container weight declaration 12 (1) This section applies if the driver of a heavy vehicle 13 transporting a freight container by road using the vehicle has 14 not been provided with a container weight declaration for the 15 freight container before starting to transport the freight 16 container. 17 (2) A person who has incurred a loss as a result of the declaration 18 not being provided (the plaintiff) has a right to recover the 19 loss from the responsible entity for the freight container. 20 (3) For the purposes of subsection (2), the losses that may be 21 recovered include the following-- 22 (a) loss incurred from delays in the delivery of the freight 23 container, any of its contents or any other goods; 24 (b) loss incurred from the damage to or spoliation of 25 anything contained in the freight container; 26 (c) loss incurred from providing another heavy vehicle, and 27 loss incurred from delays arising from providing another 28 heavy vehicle; 29 (d) costs or expenses incurred for weighing the freight 30 container or any of its contents. 31 (4) The plaintiff may enforce the plaintiff's right to recovery 32 under subsection (2) by bringing a proceeding in a court of 33 Page 246

Heavy Vehicle National Law Amendment Bill 2012 [s 12] competent jurisdiction for an order for payment of the 1 monetary value of the loss. 2 199 Recovery of losses for provision of inaccurate container 3 weight declaration 4 (1) This section applies if-- 5 (a) an operator or driver of a heavy vehicle transporting a 6 freight container by road using the vehicle has been 7 provided with a container weight declaration for the 8 freight container; and 9 (b) the declaration contains information (the false or 10 misleading information) that is false or misleading in a 11 material particular because it-- 12 (i) understates the weight of the container; or 13 (ii) otherwise indicates the weight of the container is 14 lower than its actual weight; and 15 (c) a contravention of a mass requirement applying to the 16 heavy vehicle occurs as a result of the operator or driver 17 relying on the false or misleading information; and 18 (d) at the relevant time, the operator or driver either-- 19 (i) had a reasonable belief the vehicle was not in 20 contravention of the mass requirement; or 21 (ii) did not know, and ought not reasonably to have 22 known, that the minimum weight stated in the 23 declaration was lower than the actual weight of the 24 container. 25 (2) A person who has incurred a loss as a result of the declaration 26 containing the false or misleading information (the plaintiff) 27 has a right to recover the loss from the responsible entity for 28 the freight container. 29 (3) For the purposes of subsection (2), the losses that may be 30 recovered include the following-- 31 (a) the amount of a fine or other penalty imposed on the 32 plaintiff for an offence against this Law; 33 Page 247

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (b) the amount of a fine or other penalty imposed on an 1 employee or agent of the plaintiff for an offence against 2 this Law and reimbursed by the plaintiff; 3 (c) loss incurred from delays in the delivery of the freight 4 container, any of its contents, or any other goods; 5 (d) loss incurred from the damage to or spoliation of 6 anything contained in the freight container; 7 (e) loss incurred from providing another heavy vehicle, and 8 loss incurred from delays arising from providing another 9 heavy vehicle; 10 (f) costs or expenses incurred for weighing the freight 11 container or any of its contents. 12 (4) The plaintiff may enforce the plaintiff's right to recovery 13 under subsection (2) by bringing a proceeding in a court of 14 competent jurisdiction for an order for payment of the 15 monetary value of the loss. 16 200 Recovery by responsible entity of amount paid under s 17 199 18 (1) This section applies if, under section 199, a person brings a 19 proceeding (a recovery proceeding) in a court for an order 20 that the responsible entity for a freight container pay the 21 person an amount for loss incurred by the person as a result of 22 the container weight declaration for the freight container 23 containing false or misleading information mentioned in 24 section 199(1)(b). 25 (2) The responsible entity has a right to recover from a person 26 (the information provider) who provided the responsible 27 entity with all or part of the false or misleading information 28 the part of the amount (the attributable amount) attributable 29 to the information provided by the information provider. 30 (3) The responsible entity may enforce the entity's right to 31 recovery under subsection (2) by-- 32 (a) if the recovery proceeding has not been decided-- 33 joining the information provider in the proceeding and 34 applying to the court for an order that the information 35 Page 248

Heavy Vehicle National Law Amendment Bill 2012 [s 12] provider pay the attributable amount to the responsible 1 entity if an order is made under section 199(4); or 2 (b) if the recovery proceeding has been decided--bringing a 3 proceeding in a court of competent jurisdiction for an 4 order that the information provider pay the attributable 5 amount to the responsible entity. 6 201 Assessment of monetary value or attributable amount 7 (1) The court may assess the monetary value of a loss recoverable 8 under section 198(2) or 199(2), or the attributable amount 9 recoverable under section 200(2), in the way it considers 10 appropriate. 11 (2) In making the assessment, the court may have regard to the 12 matters it considers appropriate, including any evidence 13 adduced in a proceeding for an offence against this Law. 14 Chapter 5 Vehicle 15 operations--speeding 16 Part 5.1 Preliminary 17 202 Main purpose of Ch 5 18 The main purpose of this Chapter is to improve public safety 19 and compliance with Australian road laws by imposing 20 responsibility for speeding by heavy vehicles on persons 21 whose business activities influence the conduct of the drivers 22 of heavy vehicles. 23 203 Outline of the main features of Ch 5 24 This Chapter-- 25 Page 249

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) requires persons who are most directly responsible for 1 the use of a heavy vehicle to take reasonable steps to 2 ensure their activities do not cause the vehicle's driver to 3 exceed speed limits; and 4 (b) requires anyone who schedules the activities of a heavy 5 vehicle, or its driver, to take reasonable steps to ensure 6 the schedule for the vehicle's driver does not cause the 7 driver to exceed speed limits; and 8 (c) requires loading managers to take reasonable steps to 9 ensure the arrangements for loading goods onto and 10 unloading goods from a heavy vehicle do not cause the 11 vehicle's driver to exceed speed limits; and 12 (d) requires particular persons who consign goods for 13 transport by a heavy vehicle, or who receive the goods, 14 to take reasonable steps to ensure the terms of 15 consignment of the goods do not cause the vehicle's 16 driver to exceed speed limits; and 17 (e) prohibits anyone from asking the driver of a heavy 18 vehicle to exceed speed limits and from entering into an 19 agreement that causes the driver of a heavy vehicle to 20 exceed speed limits; and 21 (f) imposes liability on persons who are most directly 22 responsible for the use of a heavy vehicle for offences 23 committed by the vehicle's driver exceeding speed 24 limits. 25 Page 250

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Part 5.2 Particular duties and offences 1 Division 1 Employers, prime contractors and 2 operators 3 204 Duty of employer, prime contractor or operator to ensure 4 business practices will not cause driver to exceed speed 5 limit 6 (1) A relevant party for the driver of a heavy vehicle must take all 7 reasonable steps to ensure the relevant party's business 8 practices will not cause the driver to exceed a speed limit 9 applying to the driver. 10 Examples of reasonable steps-- 11 � regular consultation with other parties in the chain of responsibility, 12 unions and industry associations to address compliance issues 13 � reviewing driving, work and trip records 14 � a program to report and monitor (for example, by GPS tracking) 15 incidents of speeding and related risks and hazards 16 � training and information about speeding for drivers of heavy 17 vehicles, staff and parties in the chain of responsibility for heavy 18 vehicles (within the meaning given by section 214) 19 � regular maintenance of vehicle components that relate to complying 20 with speed limits (for example, speedometer, engine management 21 system and speed limiters) 22 Maximum penalty--$10000. 23 Notes-- 24 1 Section 622 sets out some of the factors a court may consider in 25 deciding whether a person has taken all reasonable steps. 26 2 Section 623 sets out 1 method by which an employer, prime 27 contractor and operator can take all reasonable steps for the 28 purposes of this section. 29 (2) A person charged with an offence against subsection (1) does 30 not have the benefit of the mistake of fact defence for the 31 offence. 32 (3) In this section-- 33 Page 251

Heavy Vehicle National Law Amendment Bill 2012 [s 12] business practices, of a relevant party for the driver of a heavy 1 vehicle, means the practices of the relevant party in running 2 the relevant party's business, and includes each of the 3 following-- 4 (a) the operating policies and procedures of the business; 5 (b) the human resource and contract management 6 arrangements of the business; 7 (c) arrangements for managing safety. 8 relevant party, for the driver of a heavy vehicle, means any of 9 the following-- 10 (a) an employer of the driver if the driver is an employed 11 driver; 12 (b) a prime contractor of the driver if the driver is a 13 self-employed driver; 14 (c) an operator of the vehicle if the driver is making or is to 15 make a journey for the operator. 16 205 Duty of employer not to cause driver to drive if particular 17 requirements not complied with 18 (1) An employer of an employed driver of a heavy vehicle must 19 not cause the driver to drive the heavy vehicle unless-- 20 (a) the employer has complied with section 204; and 21 (b) the employer is reasonably satisfied each scheduler for 22 the vehicle has complied with sections 207 and 208. 23 Maximum penalty--$4000. 24 (2) A person charged with an offence against subsection (1) does 25 not have the benefit of the mistake of fact defence for the 26 offence. 27 206 Duty of prime contractor or operator not to cause driver 28 to drive if particular requirements not complied with 29 (1) This section applies to-- 30 Page 252

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) a prime contractor of a self-employed driver of a heavy 1 vehicle (the driver); and 2 (b) an operator of a heavy vehicle that is to be driven by 3 someone else (also the driver). 4 (2) The prime contractor, or operator, must not cause the driver to 5 drive the heavy vehicle unless-- 6 (a) the prime contractor, or operator, has complied with 7 section 204; and 8 (b) the prime contractor, or operator, is reasonably satisfied 9 each scheduler for the vehicle has complied with 10 sections 207 and 208. 11 Maximum penalty--$4000. 12 (3) A person charged with an offence against subsection (2) does 13 not have the benefit of the mistake of fact defence for the 14 offence. 15 Division 2 Schedulers 16 207 Duty to ensure driver's schedule will not cause driver to 17 exceed speed limit 18 (1) A scheduler for a heavy vehicle must take all reasonable steps 19 to ensure the schedule for the vehicle's driver will not cause 20 the driver to exceed a speed limit applying to the driver. 21 Examples of reasonable steps-- 22 � consulting drivers about their schedules and work requirements 23 � taking account of the average speed that can be travelled lawfully 24 on scheduled routes 25 � allowing for traffic conditions or other delays in schedules 26 � contingency planning concerning schedules 27 Maximum penalty--$10000. 28 Notes-- 29 1 Section 622 sets out some of the factors a court may consider in 30 deciding whether a person has taken all reasonable steps. 31 Page 253

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 2 Section 623 sets out 1 method by which a scheduler for a heavy 1 vehicle can take all reasonable steps for the purposes of this section. 2 (2) A person charged with an offence against subsection (1) does 3 not have the benefit of the mistake of fact defence for the 4 offence. 5 208 Duty not to cause driver to drive if particular 6 requirements not complied with 7 (1) A scheduler for a heavy vehicle must not cause the vehicle's 8 driver to drive the vehicle unless-- 9 (a) the scheduler has complied with section 207; and 10 (b) the driver's schedule for driving the vehicle allows-- 11 (i) for compliance with all speed limits; and 12 (ii) for the driver to take all required rest in compliance 13 with all laws regulating the driver's work times and 14 rest times; and 15 (iii) for traffic conditions and other delays that could 16 reasonably be expected. 17 Examples for the purposes of subparagraph (iii)-- 18 � the actual average speed able to be travelled lawfully and safely by 19 the driver on the route to be travelled by the heavy vehicle 20 � known traffic conditions, for example, road works or traffic 21 congestion on the route 22 � delays caused by loading, unloading or queuing 23 Maximum penalty--$4000. 24 (2) A person charged with an offence against subsection (1) does 25 not have the benefit of the mistake of fact defence for the 26 offence. 27 Page 254

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Division 3 Loading managers 1 209 Duty to ensure loading arrangements will not cause 2 driver to exceed speed limit 3 (1) A loading manager for goods in heavy vehicles must take all 4 reasonable steps to ensure the arrangements for loading goods 5 onto and unloading goods from heavy vehicles will not cause 6 the driver of a heavy vehicle to exceed a speed limit applying 7 to the driver. 8 Examples of reasonable steps-- 9 � reviewing loading and unloading times and delays at loading and 10 unloading places 11 � identifying potential loading and unloading congestion in 12 consultation with drivers and other parties in the chain of 13 responsibility 14 � having a system of setting and allocating loading and unloading 15 times the driver can reasonably rely on allowing loading and 16 unloading to happen at an agreed time 17 Maximum penalty--$10000. 18 Notes-- 19 1 Section 622 sets out some of the factors a court may consider in 20 deciding whether a person has taken all reasonable steps. 21 2 Section 623 sets out 1 method by which a loading manager can take 22 all reasonable steps for the purposes of this section. 23 (2) A person charged with an offence against subsection (1) does 24 not have the benefit of the mistake of fact defence for the 25 offence. 26 Division 4 Particular consignors and 27 consignees 28 210 Consignors to whom Div 4 applies 29 This Division applies to a person (a commercial consignor) 30 who engages a particular operator of a heavy vehicle, either 31 Page 255

Heavy Vehicle National Law Amendment Bill 2012 [s 12] directly or through an agent or other intermediary, to transport 1 goods for the person by road for commercial purposes. 2 211 Consignees to whom Div 4 applies 3 This Division applies only to a consignee of goods-- 4 (a) who has consented to being, and is named or otherwise 5 identified as, the intended consignee of goods in the 6 transport documentation relating to the transport of the 7 goods by road by a particular operator of a heavy 8 vehicle; and 9 (b) who knows, or who ought reasonably to know, that the 10 goods are to be transported by road. 11 Note-- 12 See section 632 for the matters a court may consider when deciding 13 whether a person ought reasonably to have known something. 14 212 Duty to ensure terms of consignment will not cause 15 driver to exceed speed limit etc. 16 (1) A commercial consignor or a consignee of goods must take all 17 reasonable steps to ensure the terms of consignment will not 18 cause the relevant driver to exceed a speed limit applying to 19 the driver. 20 Maximum penalty--$10000. 21 (2) A commercial consignor or a consignee of goods must take all 22 reasonable steps to ensure the terms of consignment will not 23 cause a relevant party for the relevant driver to cause the 24 driver to exceed a speed limit applying to the driver. 25 Examples of reasonable steps for the purposes of subsections (1) and (2)-- 26 � ensuring contractual arrangements and documentation for the 27 consignment and delivery of goods enable speed limit compliance 28 � contingency planning concerning consignments and delivery times 29 � regular consultation with other parties in the chain of responsibility, 30 unions and industry associations to address compliance issues 31 Maximum penalty--$10000. 32 Page 256

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Notes for the purposes of subsections (1) and (2)-- 1 1 Section 622 sets out some of the factors a court may consider in 2 deciding whether a person has taken all reasonable steps. 3 2 Section 623 sets out 1 method by which a consignor or consignee 4 can take all reasonable steps for the purposes of subsection (1) or 5 (2). 6 (3) A person charged with an offence against subsection (1) or (2) 7 does not have the benefit of the mistake of fact defence for the 8 offence. 9 (4) In this section-- 10 relevant driver, for consigned goods, means the driver of the 11 heavy vehicle by which the goods are to be or are being 12 transported. 13 relevant party, for the relevant driver for consigned goods, 14 means-- 15 (a) an employer of the driver if the driver is an employed 16 driver; or 17 (b) a prime contractor of the driver if the driver is a 18 self-employed driver; or 19 (c) an operator of the heavy vehicle by which the goods are 20 transported if the driver is to make, or is making, a 21 journey for the operator. 22 213 Duty not to make a demand that may result in driver 23 exceeding the speed limit 24 A commercial consignor or a consignee of goods must not 25 make a demand that affects, or may affect, a time in a 26 schedule for the transport of the consigned goods unless-- 27 (a) the consignor or consignee has complied with section 28 212; and 29 (b) the consignor or consignee is reasonably satisfied the 30 making of the demand will not cause a person to 31 contravene section 207 or 208. 32 Maximum penalty--$6000. 33 Page 257

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Division 5 Particular requests etc. and 1 contracts etc. prohibited 2 214 Who is a party in the chain of responsibility 3 (1) For the purposes of this Division, each of the following 4 persons is a party in the chain of responsibility for a heavy 5 vehicle-- 6 (a) an employer of the vehicle's driver if the driver is an 7 employed driver; 8 (b) a prime contractor for the vehicle's driver if the driver is 9 a self-employed driver; 10 (c) an operator of the vehicle; 11 (d) a scheduler for the vehicle; 12 (e) a loading manager for any goods in the vehicle; 13 (f) a commercial consignor of any goods for transport by 14 the vehicle that are in the vehicle; 15 (g) a consignee of any goods in the vehicle, if Division 4 16 applies to the consignee. 17 Note-- 18 The exercise of any of these functions, whether exclusively or 19 occasionally, decides whether a person falls within any of these 20 definitions, rather than the person's job title or contractual description. 21 (2) A person may be a party in the chain of responsibility for a 22 heavy vehicle in more than 1 capacity. 23 Example-- 24 A person may be simultaneously the driver's employer, an operator and 25 a consignor of goods in relation to a heavy vehicle and be subject to 26 duties in each of the capacities. 27 215 Particular requests etc. prohibited 28 A person must not ask, direct or require, directly or indirectly, 29 the driver of a heavy vehicle, or a party in the chain of 30 responsibility for a heavy vehicle, to do something the person 31 knows, or ought reasonably to know, would have the effect of 32 Page 258

Heavy Vehicle National Law Amendment Bill 2012 [s 12] causing the driver to exceed a speed limit applying to the 1 driver. 2 Example of a requirement that contravenes this section-- 3 a requirement that the driver complete a journey in a time the person 4 knows or ought reasonably to know can not be complied with unless the 5 driver exceeds the speed limit or does not have all the rest time the 6 driver is required to have under a minimum rest requirement 7 Maximum penalty--$10000. 8 Note-- 9 See section 632 for the matters a court may consider when deciding 10 whether a person ought reasonably to have known something. 11 216 Particular contracts etc. prohibited 12 (1) A person must not enter into a contract or other agreement 13 with the driver of a heavy vehicle, or with a party in the chain 14 of responsibility for a heavy vehicle, that the person knows, or 15 ought reasonably to know, would have the effect of causing 16 the vehicle's driver to exceed a speed limit applying to the 17 driver. 18 Maximum penalty--$10000. 19 (2) A person must not enter into a contract or other agreement 20 with the driver of a heavy vehicle, or with a party in the chain 21 of responsibility for a heavy vehicle, that the person knows, or 22 ought reasonably to know, would encourage or provide an 23 incentive for the vehicle's driver, or a party in the chain of 24 responsibility for the vehicle to cause the vehicle's driver, to 25 exceed a speed limit applying to the driver. 26 Maximum penalty--$10000. 27 Notes for the purposes of subsections (1) and (2)-- 28 1 See section 632 for the matters a court may consider when deciding 29 whether a person ought reasonably to have known something. 30 2 See also section 742, which provides that particular contracts or 31 other agreements are void. 32 Page 259

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Division 6 Provisions about offences against 1 this Part 2 217 Objective reasonableness test to be used in deciding 3 causation 4 (1) This section applies in relation to a proceeding for an offence 5 against this Part that may be committed by a person failing to 6 take all reasonable steps to ensure someone else does not drive 7 a heavy vehicle in excess of a speed limit applying to the 8 vehicle's driver (prohibited act). 9 (2) For the purposes of subsection (1), a person failing to take all 10 reasonable steps to ensure someone else does not do a 11 prohibited act includes-- 12 (a) the person failing to take reasonable steps to ensure the 13 other person does not do the prohibited act; and 14 (b) the person failing to take reasonable steps to ensure the 15 person's activities, or anything arising out of the 16 person's activities, do not-- 17 (i) cause the other person to do the prohibited act; or 18 (ii) result in the other person doing the prohibited act; 19 or 20 (iii) provide an incentive for the other person to do the 21 prohibited act. 22 (3) Subsection (4) applies if-- 23 (a) a person does an act or makes an omission; and 24 (b) as a result of the act or omission someone else does a 25 prohibited act. 26 (4) A court may find the person caused the other person to do the 27 prohibited act if the court is satisfied a reasonable person 28 would have foreseen that the person's act or omission would 29 be reasonably likely to cause the other person to do the 30 prohibited act. 31 Page 260

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 218 Commission of speeding offence is irrelevant to Pt 5.2 1 prosecution 2 In a prosecution for an offence against this Part, it is not 3 necessary to prove the driver of the heavy vehicle exceeded a 4 speed limit applying to the driver. 5 Part 5.3 Extended liability 6 219 Liability of employer etc. for speeding offence 7 (1) If a speeding offence is committed in relation to a heavy 8 vehicle, each of the following persons is taken to have 9 committed an offence against this subsection-- 10 (a) an employer of the driver if the driver is an employed 11 driver; 12 (b) a prime contractor of the driver if the driver is a 13 self-employed driver; 14 (c) an operator of the vehicle if the driver is making a 15 journey for the operator. 16 Maximum penalty-- 17 (a) if the speeding offence involves the driver of a heavy 18 vehicle exceeding a speed limit of 50km/h or 19 60km/h--$3000; or 20 (b) if the speeding offence involves the driver of a heavy 21 vehicle exceeding a speed limit of 70km/h or 80km/h-- 22 (i) by less than 15km/h--$3000; or 23 (ii) by 15km/h or more--$5000; or 24 (c) if the speeding offence involves the driver of a heavy 25 vehicle other than a road train exceeding a speed limit of 26 90km/h-- 27 (i) by less than 15km/h--$3000; or 28 (ii) by 15km/h or more--$5000; or 29 Page 261

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (d) if the speeding offence involves the driver of a road train 1 exceeding a speed limit of 90km/h-- 2 (i) by less than 15km/h--$5000; or 3 (ii) by 15km/h or more--$10000; or 4 (e) if the speeding offence involves the driver of a heavy 5 vehicle exceeding a speed limit of 100km/h or more-- 6 (i) by less than 15km/h--$5000; or 7 (ii) by 15km/h or more--$10000. 8 (2) A person charged with an offence against subsection (1) does 9 not have the benefit of the mistake of fact defence for the 10 offence. 11 (3) However, in a proceeding for an offence against subsection 12 (1), the person charged has the benefit of the reasonable steps 13 defence for the offence. 14 Note-- 15 See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 16 (4) In a proceeding for an offence against subsection (1)-- 17 (a) it is irrelevant whether or not the driver has been or will 18 be proceeded against, or convicted of, the speeding 19 offence; and 20 (b) evidence a court has convicted the driver of the speeding 21 offence is evidence that the offence happened at the time 22 and place, and in the circumstances, stated in the charge 23 resulting in the conviction; and 24 (c) evidence of details stated in an infringement notice 25 issued for the speeding offence is evidence that the 26 offence happened at the time and place, and in the 27 circumstances, stated in the infringement notice. 28 (5) In this section-- 29 speeding offence means an offence committed by the driver 30 of a heavy vehicle because the driver exceeded a speed limit 31 applying to the driver. 32 Page 262

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Chapter 6 Vehicle operations--driver 1 fatigue 2 Part 6.1 Preliminary 3 220 Main purpose of Ch 6 4 (1) The main purpose of this Chapter is to provide for the safe 5 management of the fatigue of drivers of fatigue-regulated 6 heavy vehicles while they are driving on a road. 7 (2) The main purpose is achieved by-- 8 (a) imposing duties on drivers of fatigue-regulated heavy 9 vehicles and particular persons whose activities 10 influence the conduct of drivers of fatigue-regulated 11 heavy vehicles in a way that affects the drivers' fatigue 12 when driving on a road; and 13 (b) imposing general duties directed at preventing persons 14 driving fatigue-regulated heavy vehicles on a road while 15 impaired by fatigue; and 16 (c) imposing additional duties directed at helping drivers of 17 fatigue-regulated heavy vehicles to comply with this 18 Chapter, which are imposed on particular parties in the 19 chain of responsibility; and 20 (d) providing for the maximum work requirements and 21 minimum rest requirements applying to drivers of 22 fatigue-regulated heavy vehicles; and 23 (e) providing for recording the work times and rest times of 24 drivers, amongst other things. 25 221 Definitions for Ch 6 26 In this Chapter-- 27 100km work has the meaning given by section 289(1). 28 100+km work has the meaning given by section 289(2). 29 Page 263

Heavy Vehicle National Law Amendment Bill 2012 [s 12] AFM fatigue management system has the meaning given by 1 section 457. 2 AFM hours has the meaning given by section 257. 3 approved electronic recording system means an electronic 4 recording system the subject of a current approval under 5 section 343 or a corresponding fatigue law. 6 approved sleeper berth means-- 7 (a) for a fatigue-regulated heavy vehicle other than a 8 fatigue-regulated bus--a driver's sleeper berth that 9 complies with ADR 42 and is able to be used by the 10 driver when resting; or 11 (b) for a fatigue-regulated bus--a driver's sleeper berth 12 that-- 13 (i) complies with a standard for sleeper berths that is 14 approved by the responsible Ministers under 15 section 654; and 16 (ii) is able to be used by the driver when resting. 17 BFM hours has the meaning given by section 253. 18 cancel, in relation to an unused daily sheet in a written work 19 diary, means cancel by writing `cancelled' in large letters 20 across the sheet. 21 cause of fatigue means any factor that could cause or 22 contribute to a person being fatigued while driving a 23 fatigue-regulated heavy vehicle on a road (whether or not the 24 cause arises while the person is at work). 25 Examples-- 26 � physical or mental exertion 27 � long periods of time awake 28 � not enough sleep or not enough restorative sleep 29 � not enough rest time 30 � a person's circadian rhythm (body clock) 31 � environmental stress factors, including heat, noise, vibrations 32 � personal health 33 Page 264

Heavy Vehicle National Law Amendment Bill 2012 [s 12] corresponding fatigue law-- 1 1 A corresponding fatigue law is a law of a 2 non-participating jurisdiction that provides for the same, 3 or substantially the same, matters as this Chapter. 4 2 A corresponding fatigue law for a provision of this 5 Chapter is a provision of a corresponding fatigue law 6 within the meaning of paragraph 1 that corresponds, or 7 substantially corresponds, to the provision of this 8 Chapter. 9 3 For the purposes of paragraph 1, it is irrelevant whether 10 the law of the non-participating jurisdiction-- 11 (a) is in 1 instrument or 2 or more instruments; or 12 (b) is part of an instrument; or 13 (c) is part of an instrument and the whole or part of 1 14 or more other instruments. 15 critical risk breach, for a maximum work requirement or 16 minimum rest requirement, has the meaning given by section 17 222(4). 18 daily sheet, for a written work diary, has the meaning given by 19 section 338(2)(b). 20 electronic recording system means a system of recording 21 information electronically. 22 electronic work diary means a device that-- 23 (a) is, or is part of, an approved electronic recording 24 system; and 25 (b) is fitted to or used in a fatigue-regulated heavy vehicle; 26 and 27 (c) has attached to it an electronic work diary label relating 28 to the approval. 29 electronic work diary label means a label that-- 30 (a) indicates that the device to which it is attached is, or is 31 part of, an approved electronic recording system; and 32 Page 265

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (b) states the number of the certificate of approval issued by 1 the Regulator for the approved electronic recording 2 system; and 3 (c) is in a form approved by the Regulator. 4 entry, in a work record, means anything written in the work 5 record. 6 exemption hours has the meaning given by section 259. 7 fatigue has the meaning given by section 223. 8 impaired by fatigue has the meaning given by section 225. 9 intelligent access reporting entity, for an approved intelligent 10 transport system, means a person on whom there is an 11 obligation, imposed by Chapter 7, to report a malfunction of 12 or tampering with the system to the Regulator. 13 loading manager-- 14 Note-- 15 Section 5 contains the definition loading manager. That definition is 16 affected by the definition regular loading or unloading premises, and is 17 used in this Chapter (including sections 227, 238, 239 and 261). 18 As a result of the interaction of the 2 definitions, this Chapter applies to 19 a person as a loading manager only if the premises concerned are 20 premises at or from which an average of at least 5 fatigue-regulated 21 heavy vehicles are loaded or unloaded on each day the premises are 22 operated for loading or unloading heavy vehicles. 23 major rest break means rest time of at least 5 continuous 24 hours. 25 malfunction, of an electronic work diary or an odometer, 26 means the work diary or odometer-- 27 (a) ceases to work at all, or works only intermittently; or 28 (b) does not perform 1 or more functions required under 29 this Chapter; or 30 (c) performs the functions mentioned in paragraph (b) only 31 intermittently; or 32 (d) performs the functions mentioned in paragraph (b) in a 33 way that is inaccurate or unreliable, including 34 intermittently inaccurate or unreliable. 35 Page 266

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Examples of an electronic work diary malfunctioning-- 1 � corruption of data held in the electronic work diary 2 � a software program fault 3 � physical damage that impairs the functioning of the electronic work 4 diary 5 Example of an odometer malfunctioning-- 6 � an odometer that no longer keeps an accurate record of distance 7 travelled 8 minor risk breach has the meaning given by section 222(1). 9 night work time means work time between midnight and 10 6a.m. 11 Note-- 12 Under sections 248 and 303, the time must be based on the time zone of 13 the driver's base for drivers on a journey in a different time zone to the 14 driver's base. 15 non-participating jurisdiction means a State or Territory that 16 is not a participating jurisdiction. 17 participating jurisdiction means a State or Territory in 18 which-- 19 (a) this Chapter applies as a law of the State or Territory; or 20 (b) a law containing provisions that substantially 21 correspond to the provisions of this Chapter is in force. 22 party in the chain of responsibility, for a fatigue-regulated 23 heavy vehicle, has the meaning given by section 227. 24 record keeper has the meaning given by section 317. 25 record location, of the driver of a fatigue-regulated heavy 26 vehicle, has the meaning given by section 290. 27 rest, in relation to a fatigue-regulated heavy vehicle, means 28 not work in relation to a fatigue-regulated heavy vehicle. 29 rest time, for the driver of a fatigue-regulated heavy vehicle, 30 means any time that is not work time for the driver. 31 severe risk breach has the meaning given by section 222(3). 32 Page 267

Heavy Vehicle National Law Amendment Bill 2012 [s 12] sign of fatigue means any sign that a person was, is or will be 1 fatigued while driving a fatigue-regulated heavy vehicle on a 2 road (whether the sign manifests itself before, during or after 3 the driver drove the vehicle). 4 Examples-- 5 � lack of alertness 6 � inability to concentrate 7 � reduced ability to recognise or respond to external stimuli 8 � poor judgment or memory 9 � making more mistakes than usual 10 � drowsiness, or falling asleep, at work (including microsleeps) 11 � finding it difficult to keep eyes open 12 � needing more frequent naps than usual 13 � not feeling refreshed after sleep 14 � excessive head-nodding or yawning 15 � blurred vision 16 � mood changes, increased irritability or other changes to the 17 person's mental health 18 � changes to the person's health or fitness 19 solo driver means a driver who is not a party to a two-up 20 driving arrangement. 21 standard hours has the meaning given by section 249. 22 stationary rest time means rest time a driver spends-- 23 (a) out of a fatigue-regulated heavy vehicle; or 24 (b) in an approved sleeper berth of a stationary 25 fatigue-regulated heavy vehicle. 26 substantial risk breach has the meaning given by section 27 222(2). 28 supplementary record means a supplementary record made 29 under section 305. 30 tamper, with an approved electronic recording system, has the 31 meaning given by section 334. 32 Page 268

Heavy Vehicle National Law Amendment Bill 2012 [s 12] two-up driving arrangement means an arrangement under 1 which 2 persons share the driving of a fatigue-regulated heavy 2 vehicle that has an approved sleeper berth. 3 work, in relation to a fatigue-regulated heavy vehicle, 4 means-- 5 (a) drive a fatigue-regulated heavy vehicle; or 6 (b) instruct another person to drive, or supervise another 7 person driving, a fatigue-regulated heavy vehicle; or 8 (c) perform another task relating to the use of a 9 fatigue-regulated heavy vehicle, including, for 10 example-- 11 (i) load things onto, or unload things from, the heavy 12 vehicle; and 13 (ii) inspect, service or repair the heavy vehicle; and 14 (iii) inspect or attend to a load on the heavy vehicle; 15 and 16 (iv) if the heavy vehicle is a bus, attend to passengers 17 on the bus; and 18 (v) clean or refuel the heavy vehicle; and 19 (vi) perform marketing tasks in relation to the use of 20 the vehicle; and 21 Examples for the purposes of subparagraph (vi)-- 22 � arranging for the transport of goods or passengers by 23 the heavy vehicle 24 � canvassing for orders for the transport of goods or 25 passengers by the heavy vehicle 26 (vii) help another person to perform, or supervise 27 another person performing, a task mentioned in 28 any of subparagraphs (i) to (vi); and 29 (viii) record information or complete a document, as 30 required under this Law, a corresponding fatigue 31 law or otherwise, in relation to the use of the 32 vehicle; or 33 Page 269

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (d) occupy the driver's seat of a fatigue-regulated heavy 1 vehicle while its engine is running. 2 work and rest change, for the driver of a fatigue-regulated 3 heavy vehicle, means-- 4 (a) a change from work time to rest time; or 5 (b) a change from rest time to work time; or 6 (c) a change from being a solo driver to being a driver who 7 is a party to a two-up driving arrangement; or 8 (d) a change from being a driver who is a party to a two-up 9 driving arrangement to being a solo driver. 10 work and rest hours option has the meaning given by section 11 243. 12 work diary, for the driver of a fatigue-regulated heavy 13 vehicle-- 14 (a) generally, means a written work diary or electronic work 15 diary kept by the driver for the purposes of this Law; 16 and 17 (b) for Subdivision 1 of Division 2 of Part 6.4, see section 18 292. 19 work record means-- 20 (a) a written or electronic work diary of the driver of a 21 fatigue-regulated heavy vehicle; or 22 (b) a supplementary record; or 23 (c) a record required to be made or kept under (or by a 24 condition under) Division 2, 3, 8 or 8A of Part 6.4; or 25 (d) a copy of a document, or an entry in a document, 26 mentioned in paragraph (a), (b) or (c). 27 work time, for the driver of a fatigue-regulated heavy vehicle, 28 means any time the driver spends undertaking work in relation 29 to the vehicle. 30 written work diary means a written work diary issued to the 31 driver of a fatigue-regulated heavy vehicle by the Regulator 32 under section 340 or a corresponding fatigue law. 33 Page 270

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 222 Categories of breaches 1 (1) A contravention of a maximum work requirement or 2 minimum rest requirement is a minor risk breach if it is 3 declared under the national regulations to be a breach in the 4 minor risk category. 5 (2) A contravention of a maximum work requirement or 6 minimum rest requirement is a substantial risk breach if it is 7 declared under the national regulations to be a breach in the 8 substantial risk category. 9 (3) A contravention of a maximum work requirement or 10 minimum rest requirement is a severe risk breach if it is 11 declared under the national regulations to be a breach in the 12 severe risk category. 13 (4) A contravention of a maximum work requirement or 14 minimum rest requirement is a critical risk breach if it is 15 declared under the national regulations to be a breach in the 16 critical risk category. 17 Part 6.2 Duties relating to fatigue 18 Division 1 Preliminary 19 223 What is fatigue 20 (1) Fatigue includes (but is not limited to)-- 21 (a) feeling sleepy; and 22 (b) feeling physically or mentally tired, weary or drowsy; 23 and 24 (c) feeling exhausted or lacking energy; and 25 (d) behaving in a way consistent with paragraph (a), (b) or 26 (c). 27 Page 271

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (2) The national regulations may contain provisions 1 supplementing, clarifying or providing examples for any of 2 the provisions of sections 223 to 226. 3 224 Matters court may consider in deciding whether person 4 was fatigued 5 (1) When deciding whether the driver of a fatigue-regulated 6 heavy vehicle was fatigued, a court may consider the 7 following-- 8 (a) what is commonly understood as being fatigued; 9 (b) the causes of fatigue; 10 (c) the signs of fatigue; 11 (d) any relevant body of fatigue knowledge; 12 (e) any other matter prescribed by the national regulations. 13 (2) Subsection (1) does not limit the matters the court may 14 consider when deciding whether a driver was impaired by 15 fatigue. 16 225 What is impaired by fatigue 17 A driver is impaired by fatigue if the driver's ability to drive a 18 fatigue-regulated heavy vehicle safely is affected by fatigue. 19 226 Matters court may consider in deciding whether person 20 was impaired by fatigue 21 (1) When deciding whether the driver of a fatigue-regulated 22 heavy vehicle was impaired by fatigue, a court may consider 23 any of the following-- 24 (a) any relevant cause of fatigue or sign of fatigue that was 25 evident, and the degree to which it may indicate that the 26 driver was impaired by fatigue; 27 (b) any behaviour exhibited by the driver that may have 28 resulted from the driver being impaired by fatigue; 29 Examples for the purposes of paragraph (b)-- 30 Page 272

Heavy Vehicle National Law Amendment Bill 2012 [s 12] � the circumstances of any incident, crash or near miss 1 � poor driving judgement 2 � inattentive driving such as drifting into other lanes on a road 3 or not changing gears smoothly 4 (c) the nature and extent of any physical or mental exertion 5 by the driver; 6 (d) whether the driver was in breach of the driver's work 7 and rest hours option. 8 (2) Subsection (1) does not limit the matters the court may 9 consider when deciding whether a driver was impaired by 10 fatigue. 11 (3) A court may consider the driver to be impaired by fatigue 12 even if the driver has complied with-- 13 (a) the requirements of this Law, including, for example, the 14 maximum work requirements and minimum rest 15 requirements applying to the driver; or 16 (b) any other law. 17 227 Who is a party in the chain of responsibility 18 (1) Each of the following persons is a party in the chain of 19 responsibility for a fatigue-regulated heavy vehicle-- 20 (a) an employer of the vehicle's driver; 21 (b) a prime contractor for the vehicle's driver; 22 (c) an operator of the vehicle; 23 (d) a scheduler for the vehicle; 24 (e) a consignor of any goods for transport by the vehicle 25 that are in the vehicle; 26 (f) a consignee of any goods in the vehicle; 27 (g) a loading manager for any goods in the vehicle; 28 (h) a loader of any goods in the vehicle; 29 (i) an unloader of any goods in the vehicle. 30 Page 273

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (2) A person may be a party in the chain of responsibility for a 1 fatigue-regulated heavy vehicle in more than 1 capacity. 2 Example-- 3 A person may be simultaneously a driver's employer, an operator and a 4 consignor of goods in relation to a fatigue-regulated heavy vehicle, and 5 be subject to duties in each of the capacities. 6 Division 2 Duty to avoid and prevent fatigue 7 228 Duty of driver to avoid driving while fatigued 8 (1) A person must not drive a fatigue-regulated heavy vehicle on a 9 road while the person is impaired by fatigue. 10 Maximum penalty--$6000. 11 (2) If, in relation to conduct at a particular time in relation to 12 which a driver has been charged with an offence under 13 subsection (1), the driver has been convicted of a prescribed 14 driver offence under another law in relation to-- 15 (a) the same conduct; or 16 (b) the same kind of conduct occurring during the same 17 journey; 18 the court must discharge the proceedings against the driver. 19 (3) If, in relation to conduct at a particular time in relation to 20 which a driver has been charged with an offence under 21 subsection (1), the driver has been convicted of the offence 22 and is also charged with a prescribed driver offence under 23 another law (the other offence) in relation to-- 24 (a) the same conduct; or 25 (b) the same kind of conduct occurring during the same 26 journey; 27 the court dealing with the other offence must discharge the 28 proceedings against the driver for the other offence. 29 (4) In this section-- 30 Page 274

Heavy Vehicle National Law Amendment Bill 2012 [s 12] prescribed driver offence under another law means an 1 offence under another law of any jurisdiction prescribed for 2 this definition by the national regulations or a law of that 3 jurisdiction. 4 229 Duty of party in the chain of responsibility to prevent 5 driver driving while fatigued 6 (1) A party in the chain of responsibility (a party) for a 7 fatigue-regulated heavy vehicle must take all reasonable steps 8 to ensure a person (the other person) does not drive the 9 vehicle on a road while the other person is impaired by 10 fatigue. 11 Maximum penalty--$10000. 12 (2) In relation to proof of whether a party took all reasonable 13 steps to ensure the other person did not drive the vehicle on a 14 road while impaired by fatigue, in a proceeding for an offence 15 against subsection (1)-- 16 (a) evidence that, at the relevant time, the party complied 17 with a prescribed fatigue duty under another law is 18 evidence the party took the reasonable steps; and 19 (b) if the party is an operator of the fatigue-regulated heavy 20 vehicle--evidence that, at the relevant time, the party, in 21 that capacity, complied with the conditions of the 22 operator's BFM accreditation or AFM accreditation is 23 evidence the party, in that capacity, took the reasonable 24 steps. 25 (3) In a proceeding for an offence against subsection (1), it is not 26 necessary for the prosecution to prove that the other person 27 drove, or would or may have driven, the vehicle on a road 28 while impaired by fatigue. 29 (4) A person charged with an offence against subsection (1) does 30 not have the benefit of the mistake of fact defence for the 31 offence. 32 (5) In this section-- 33 Page 275

Heavy Vehicle National Law Amendment Bill 2012 [s 12] prescribed fatigue duty under another law means a duty 1 under another law of a participating jurisdiction prescribed by 2 the national regulations. 3 Division 3 Additional duties of employers, 4 prime contractors and operators 5 230 Duty of employer, prime contractor or operator to ensure 6 business practices will not cause driver to drive while 7 fatigued etc. 8 (1) A relevant party for the driver of a fatigue-regulated heavy 9 vehicle must take all reasonable steps to ensure the relevant 10 party's business practices will not cause the driver to-- 11 (a) drive while impaired by fatigue; or 12 (b) drive while in breach of the driver's work and rest hours 13 option; or 14 (c) drive in breach of another law to avoid driving while 15 impaired by fatigue or while in breach of the driver's 16 work and rest hours option. 17 Maximum penalty--$6000. 18 (2) A person charged with an offence against subsection (1) does 19 not have the benefit of the mistake of fact defence for the 20 offence. 21 (3) In this section-- 22 business practices, of a relevant party for the driver of a 23 fatigue-regulated heavy vehicle, means the practices of the 24 relevant party in running the relevant party's business, and 25 includes-- 26 (a) the operating policies and procedures of the business; 27 and 28 (b) the human resource and contract management 29 arrangements of the business; and 30 (c) arrangements for managing safety. 31 Page 276

Heavy Vehicle National Law Amendment Bill 2012 [s 12] relevant party, for the driver of a fatigue-regulated heavy 1 vehicle, means-- 2 (a) an employer of the driver if the driver is an employed 3 driver; or 4 (b) a prime contractor of the driver if the driver is a 5 self-employed driver; or 6 (c) an operator of the vehicle if the driver is making, or is to 7 make, a journey for the operator. 8 231 Duty of employer not to cause driver to drive if particular 9 requirements not complied with 10 (1) An employer of an employed driver of a fatigue-regulated 11 heavy vehicle must not cause the driver to drive the vehicle 12 unless-- 13 (a) the employer has complied with section 230; and 14 (b) the employer, after making reasonable inquiries, is 15 satisfied each scheduler for the vehicle has complied 16 with Division 4. 17 Maximum penalty--$4000. 18 (2) A person charged with an offence against subsection (1) does 19 not have the benefit of the mistake of fact defence for the 20 offence. 21 232 Duty of prime contractor or operator not to cause driver 22 to drive if particular requirements not complied with 23 (1) This section applies to-- 24 (a) a prime contractor of a self-employed driver (the driver) 25 of a fatigue-regulated heavy vehicle; and 26 (b) an operator of a fatigue-regulated heavy vehicle being 27 driven by someone else (also the driver). 28 (2) The prime contractor or operator must not cause the driver to 29 drive the fatigue-regulated heavy vehicle, or enter into a 30 contract or other agreement with the driver to that effect, 31 unless-- 32 Page 277

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) the prime contractor or operator has complied with 1 section 230; and 2 (b) the prime contractor or operator, after making 3 reasonable inquiries, is satisfied each scheduler for the 4 vehicle has complied with Division 4. 5 Maximum penalty--$4000. 6 (3) A person charged with an offence against subsection (2) does 7 not have the benefit of the mistake of fact defence for the 8 offence. 9 Division 4 Additional duties of schedulers 10 233 Duty to ensure driver's schedule will not cause driver to 11 drive while fatigued etc. 12 (1) A scheduler for a fatigue-regulated heavy vehicle must take 13 all reasonable steps to ensure the schedule for the vehicle's 14 driver will not cause the driver to-- 15 (a) drive while impaired by fatigue; or 16 (b) drive while in breach of the driver's work and rest hours 17 option; or 18 (c) drive in breach of another law to avoid driving while 19 impaired by fatigue or while in breach of the driver's 20 work and rest hours option. 21 Maximum penalty--$6000. 22 (2) A person charged with an offence against subsection (1) does 23 not have the benefit of the mistake of fact defence for the 24 offence. 25 234 Duty not to cause driver to drive if particular 26 requirements not complied with 27 (1) A scheduler for a fatigue-regulated heavy vehicle must not 28 cause the vehicle's driver to drive the vehicle unless-- 29 (a) the scheduler has complied with section 233; and 30 Page 278

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (b) the schedule for the vehicle's driver allows for-- 1 (i) the driver to have the rest time required under the 2 driver's work and rest hours option; and 3 (ii) traffic conditions and other delays that could 4 reasonably be expected. 5 Examples of traffic conditions and other delays that could 6 reasonably be expected-- 7 � the actual average speed able to be travelled lawfully 8 and safely by the driver on the route to be travelled by 9 the vehicle 10 � known traffic conditions, for example, road works or 11 traffic congestion on the route 12 � delays caused by loading, unloading or queuing 13 Maximum penalty--$6000. 14 (2) A person charged with an offence against subsection (1) does 15 not have the benefit of the mistake of fact defence for the 16 offence. 17 Division 5 Additional duties of consignors and 18 consignees 19 235 Duty to ensure terms of consignment will not cause 20 driver to drive while fatigued etc. 21 (1) A consignor or consignee of goods for transport by a 22 fatigue-regulated heavy vehicle must take all reasonable steps 23 to ensure the terms of consignment will not result in, 24 encourage or provide an incentive to the vehicle's driver to-- 25 (a) drive while impaired by fatigue; or 26 (b) drive while in breach of the driver's work and rest hours 27 option; or 28 (c) drive in breach of another law to avoid driving while 29 impaired by fatigue or while in breach of the driver's 30 work and rest hours option. 31 Maximum penalty--$10000. 32 Page 279

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (2) A consignor or consignee of goods for transport by a 1 fatigue-regulated heavy vehicle must take all reasonable steps 2 to ensure the terms of consignment will not result in, 3 encourage or provide an incentive to a relevant party for the 4 vehicle's driver to cause the driver to-- 5 (a) drive while impaired by fatigue; or 6 (b) drive while in breach of the driver's work and rest hours 7 option; or 8 (c) drive in breach of another law in order to avoid driving 9 while impaired by fatigue or while in breach of the 10 driver's work and rest hours option. 11 Example of terms of consignment-- 12 delivery times 13 Maximum penalty--$10000. 14 (3) A person charged with an offence against subsection (1) or (2) 15 does not have the benefit of the mistake of fact defence for the 16 offence. 17 (4) In this section-- 18 relevant party, for the driver of a fatigue-regulated heavy 19 vehicle, means-- 20 (a) an employer of the driver if the driver is an employed 21 driver; or 22 (b) a prime contractor of the driver if the driver is a 23 self-employed driver; or 24 (c) an operator of the vehicle if the driver is making, or is to 25 make, a journey for the operator. 26 236 Duty not to cause driver to drive if particular 27 requirements not complied with 28 (1) A consignor or consignee of goods for transport by a 29 fatigue-regulated heavy vehicle must not cause the vehicle's 30 driver to drive the vehicle, or enter into a contract or other 31 agreement to that effect, unless-- 32 Page 280

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) the consignor or consignee has complied with section 1 235; and 2 (b) the consignor or consignee, after making reasonable 3 inquiries, is satisfied-- 4 (i) each relevant party for the driver has complied 5 with Division 3; and 6 (ii) each scheduler for the vehicle has complied with 7 Division 4. 8 Maximum penalty--$4000. 9 (2) A person charged with an offence against subsection (1) does 10 not have the benefit of the mistake of fact defence for the 11 offence. 12 (3) In this section-- 13 relevant party, for the driver of a fatigue-regulated heavy 14 vehicle, means-- 15 (a) an employer of the driver if the driver is an employed 16 driver; or 17 (b) a prime contractor of the driver if the driver is a 18 self-employed driver; or 19 (c) an operator of the vehicle if the driver is making, or is to 20 make, a journey for the operator. 21 237 Duty not to make a demand that may result in driver 22 driving while fatigued etc. 23 (1) A consignor or consignee of goods for transport by a 24 fatigue-regulated heavy vehicle must not make a demand that 25 affects, or may affect, a time in a schedule for the transport of 26 the consigned goods and that may cause the vehicle's driver 27 to-- 28 (a) drive while impaired by fatigue; or 29 (b) drive while in breach of the driver's work and rest hours 30 option; or 31 Page 281

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (c) drive in breach of another law to avoid driving while 1 impaired by fatigue or while in breach of the driver's 2 work and rest hours option. 3 Maximum penalty--$10000. 4 (2) Subsection (1) does not apply if the consignor or consignee, 5 before making the demand-- 6 (a) has complied with section 235; and 7 (b) is satisfied, after making reasonable inquiries, that the 8 making of the demand will not cause a scheduler for the 9 fatigue-regulated heavy vehicle to contravene Division 10 4. 11 (3) A person charged with an offence against subsection (1) does 12 not have the benefit of the mistake of fact defence for the 13 offence. 14 Division 6 Additional duties of loading 15 managers 16 238 Duty to ensure loading arrangements will not cause 17 driver to drive while fatigued etc. 18 (1) A loading manager for goods in heavy vehicles must take all 19 reasonable steps to ensure the arrangements for loading goods 20 onto and unloading goods from fatigue-regulated heavy 21 vehicles at or from the premises in relation to which the 22 person is a loading manager will not cause the driver of a 23 fatigue-regulated heavy vehicle to-- 24 (a) drive while impaired by fatigue; or 25 (b) drive while in breach of the driver's work and rest hours 26 option; or 27 (c) drive in breach of another law in order to avoid driving 28 while impaired by fatigue or while in breach of the 29 driver's work and rest hours option. 30 Examples of reasonable steps to comply with this section-- 31 � providing for necessary rest time to be had with adequate facilities 32 Page 282

Heavy Vehicle National Law Amendment Bill 2012 [s 12] � providing for the reporting of travel delays and providing a 1 mechanism for managing late arrivals 2 � allowing loading and unloading to happen at an agreed time 3 � having a system of setting and allocating loading and unloading 4 times the driver of a fatigue-regulated heavy vehicle can reasonably 5 rely on to comply with the maximum work requirements and 6 minimum rest requirements applying to the driver 7 Maximum penalty--$10000. 8 (2) A person charged with an offence against subsection (1) does 9 not have the benefit of the mistake of fact defence for the 10 offence. 11 239 Duty to ensure drivers can rest in particular 12 circumstances 13 (1) This section applies if a loading manager for goods in a 14 fatigue-regulated heavy vehicle, or a person acting under the 15 loading manager's supervision or control-- 16 (a) has advised the vehicle's driver, either directly or 17 indirectly, of when the loading of goods onto or 18 unloading of goods from the vehicle is to start, and the 19 loading manager or person becomes aware the loading 20 or unloading will, or is likely to, start more than 30 21 minutes late; or 22 (b) has advised the vehicle's driver, either directly or 23 indirectly, of when the loading of goods onto or 24 unloading of goods from the vehicle is to finish, and the 25 loading manager or person becomes aware the loading 26 or unloading will, or is likely to, finish more than 30 27 minutes late; or 28 (c) is unable to advise the vehicle's driver of when the 29 loading of goods onto or unloading of goods from the 30 vehicle is to start; or 31 (d) is unable to advise the vehicle's driver of when the 32 loading of goods onto or unloading of goods from the 33 vehicle is to finish. 34 (2) The loading manager must take all reasonable steps to ensure 35 the driver is able to rest while waiting for the goods to be 36 Page 283

Heavy Vehicle National Law Amendment Bill 2012 [s 12] loaded onto or unloaded from the fatigue-regulated heavy 1 vehicle. 2 Example of reasonable steps that may be taken to ensure the driver of a 3 fatigue-regulated heavy vehicle is able to rest-- 4 providing a system of notifying the driver when goods can be loaded 5 onto or unloaded from the driver's vehicle that does not require the 6 driver to be awake or unreasonably alert 7 Maximum penalty--$6000. 8 (3) A person charged with an offence against subsection (2) does 9 not have the benefit of the mistake of fact defence for the 10 offence. 11 Division 7 Particular requests etc. and 12 contracts etc. prohibited 13 240 Particular requests etc. prohibited 14 A person must not ask, direct or require, directly or indirectly, 15 the driver of a fatigue-regulated heavy vehicle, or a party in 16 the chain of responsibility for a fatigue-regulated heavy 17 vehicle, to do or not do something the person knows, or ought 18 reasonably to know, would have the effect of causing the 19 vehicle's driver to-- 20 (a) drive while impaired by fatigue; or 21 (b) drive while in breach of the driver's work and rest hours 22 option; or 23 (c) drive in breach of another law in order to avoid driving 24 while impaired by fatigue or while in breach of the 25 driver's work and rest hours option. 26 Example of a requirement that contravenes this section-- 27 a requirement that the driver complete a journey in a time the person 28 knows or ought reasonably to know can not be complied with unless the 29 driver commits a speeding offence or does not have all the rest time the 30 driver is required to have under this Law 31 Maximum penalty--$10000. 32 Page 284

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Note-- 1 See section 632 for the matters a court may consider when deciding 2 whether a person ought reasonably to have known something. 3 241 Particular contracts etc. prohibited 4 (1) A person must not enter into a contract or other agreement 5 with the driver of a fatigue-regulated heavy vehicle, or with a 6 party in the chain of responsibility for a fatigue-regulated 7 heavy vehicle, that the person knows, or ought reasonably to 8 know, would have the effect of causing the vehicle's driver 9 to-- 10 (a) drive while impaired by fatigue; or 11 (b) drive while in breach of the driver's work and rest hours 12 option; or 13 (c) drive in breach of another law to avoid driving while 14 impaired by fatigue or while in breach of the driver's 15 work and rest hours option. 16 Maximum penalty--$10000. 17 (2) A person must not enter into a contract or other agreement 18 with the driver of a fatigue-regulated heavy vehicle, or with a 19 party in the chain of responsibility for a fatigue-regulated 20 heavy vehicle that the person knows, or ought reasonably to 21 know, would encourage or provide an incentive for the 22 vehicle's driver, or a party in the chain of responsibility for the 23 vehicle to cause the vehicle's driver, to-- 24 (a) drive while impaired by fatigue; or 25 (b) drive while in breach of the driver's work and rest hours 26 option; or 27 (c) drive in breach of another law to avoid driving while 28 impaired by fatigue or while in breach of the driver's 29 work and rest hours option. 30 Maximum penalty--$10000. 31 Notes for the purposes of subsections (1) and (2)-- 32 1 See section 632 for the matters a court may consider when deciding 33 whether a person ought reasonably to have known something. 34 Page 285

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 2 See section 742, which provides that particular contracts or other 1 agreements are void. 2 Division 8 Provisions about offences against 3 this Part 4 242 Objective reasonableness test to be used in deciding 5 causation 6 (1) This section applies in relation to a proceeding for an offence 7 against this Part that may be committed by a person failing to 8 take all reasonable steps to ensure someone else does not drive 9 a fatigue-regulated heavy vehicle while impaired by fatigue 10 (prohibited act). 11 (2) For the purposes of subsection (1), a person failing to take all 12 reasonable steps to ensure someone else does not do a 13 prohibited act includes-- 14 (a) the person failing to take reasonable steps to ensure the 15 other person does not do the prohibited act; and 16 (b) the person failing to take reasonable steps to ensure the 17 person's activities, or anything arising out of the 18 person's activities, do not-- 19 (i) cause the other person to do the prohibited act; or 20 (ii) result in the other person doing the prohibited act; 21 or 22 (iii) provide an incentive for the other person to do the 23 prohibited act. 24 (3) Subsection (4) applies if-- 25 (a) a person does an act or makes an omission; and 26 (b) as a result of the act or omission someone else does a 27 prohibited act. 28 (4) A court may find the person caused the other person to do the 29 prohibited act if the court is satisfied a reasonable person 30 would have foreseen the person's act or omission would be 31 Page 286

Heavy Vehicle National Law Amendment Bill 2012 [s 12] reasonably likely to cause the other person to do the 1 prohibited act. 2 Part 6.3 Requirements relating to work 3 time and rest time 4 Division 1 Preliminary 5 243 What is a driver's work and rest hours option 6 (1) The work and rest hours option of the driver of a 7 fatigue-regulated heavy vehicle is the maximum work 8 requirements and minimum rest requirements applying to the 9 driver under this Law. 10 (2) The work and rest hours option is-- 11 (a) the standard work and rest arrangements, which-- 12 (i) apply to drivers of fatigue-regulated heavy vehicles 13 operating other than under a BFM accreditation, 14 AFM accreditation or work and rest hours 15 exemption; and 16 (ii) are known as `standard hours'; or 17 (b) the BFM work and rest arrangements, which-- 18 (i) apply to drivers of fatigue-regulated heavy vehicles 19 operating under a BFM accreditation; and 20 (ii) are known as `BFM hours'; or 21 (c) the AFM work and rest arrangements, which-- 22 (i) apply to drivers of fatigue-regulated heavy vehicles 23 operating under an AFM accreditation; and 24 (ii) are known as `AFM hours'; or 25 (d) the maximum work times and minimum rest times 26 stated in a work and rest hours exemption, which-- 27 Page 287

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (i) apply to drivers of fatigue-regulated heavy vehicles 1 operating under the exemption; and 2 (ii) are known as `exemption hours'. 3 244 Counting time spent in participating jurisdictions 4 When counting work time or rest time spent by the driver of a 5 fatigue-regulated heavy vehicle for this Part, the work time or 6 rest time spent by the driver in any participating jurisdiction 7 must be counted. 8 245 Counting time spent outside participating jurisdictions 9 (1) This section applies to the driver of a fatigue-regulated heavy 10 vehicle if the driver drives a fatigue-regulated heavy vehicle 11 into a participating jurisdiction from a non-participating 12 jurisdiction. 13 (2) If, within the last 7 days, the driver has spent any work time in 14 a participating jurisdiction, any time spent by the driver in the 15 non-participating jurisdiction must be treated in the same way 16 as it would have been treated if the time had been spent in a 17 participating jurisdiction. 18 (3) If, within the last 7 days, the driver spent work time only in 19 non-participating jurisdictions-- 20 (a) any time spent by the driver in the non-participating 21 jurisdiction before the start of the driver's last major rest 22 break before entering a participating jurisdiction must 23 be disregarded; and 24 (b) any time spent by the driver in the non-participating 25 jurisdiction after the start of the last major rest break 26 mentioned in paragraph (a) must be-- 27 (i) taken into account; and 28 (ii) treated in the same way as it would have been 29 treated if the time had been spent in a participating 30 jurisdiction. 31 Page 288

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 246 Counting periods of less than 15 minutes 1 (1) Work time must be counted in 15 minute periods. 2 (2) A period of work time of less than 15 minutes counts as 15 3 minutes work time. 4 Examples for the purposes of subsection (2)-- 5 1 A period of working for 14 minutes counts as 15 minutes work 6 time. 7 2 A period of working for 17 minutes counts as 30 minutes work 8 time. 9 3 A period of working for 53 minutes counts as 1 hour work time. 10 (3) Rest time must be counted in blocks of time of no less than 15 11 minutes. 12 (4) A period of rest time of less than 15 minutes must be 13 disregarded. 14 Examples for the purposes of subsection (4)-- 15 1 A period of not working for only 14 minutes does not count as rest 16 time, because 14 minutes is less than 15 minutes. 17 2 A period of not working for 17 minutes counts as 15 minutes rest 18 time, because 17 minutes is more than 15 minutes, but is less than 2 19 lots of 15 minutes (30 minutes). 20 247 Time to be counted after rest time ends 21 When counting time in a period, the time must not be counted 22 from within rest time, but instead must be counted forward 23 from-- 24 (a) if 1 or more major rest breaks are relevant to the 25 period--the end of a relevant major rest break; or 26 (b) in any other case--the end of a relevant period of rest 27 time. 28 Example-- 29 An authorised officer intercepts the driver of a fatigue-regulated heavy 30 vehicle on a Friday and inspects the driver's work diary. The driver 31 operates under standard hours. The officer examines the work diary 32 entries for the previous Monday. The entries show that the driver 33 completed 7 continuous hours of stationary rest time at 6.30a.m. on that 34 day, started work at that time, worked until 11a.m. that day, had 45 35 Page 289

Heavy Vehicle National Law Amendment Bill 2012 [s 12] minutes of rest time, worked until 5.00p.m. that day, then had stationary 1 rest time until 4.30a.m. on the following day, Tuesday, and then worked 2 until 6.30a.m. on that day. 3 In order to determine the total number of hours worked by the driver in a 4 24 hour period starting on the Monday, then in accordance with section 5 247(a) the officer must commence counting from the end of the relevant 6 major rest break, which in this case is from 6.30a.m. on the Monday 7 until 6.30a.m. on the Tuesday. Adding up the driver's work periods - 8 6.30a.m. to 11a.m., 11.45a.m. to 5.00p.m. and 4.30a.m. to 6.30a.m. - 9 results in a total of 11� hours worked in the 24 hour period. 10 The officer might also decide to assess whether the driver has complied 11 with his or her maximum work and minimum rest requirements for the 12 same 24 hour period. 13 For instance, in any period of 5� hours, a driver must not work for more 14 than 5� hours and must have at least 15 minutes continuous rest when 15 operating under standard hours. To assess whether the driver has 16 complied with this requirement, then in accordance with section 247(b) 17 the officer must commence counting only from the end of a period of 18 rest - from either 6.30a.m. or 11.45a.m. on the Monday, or from 19 4.30a.m. on the Tuesday. If the officer commenced counting at the end 20 of the rest time that finished at 11.45a.m., the officer would see that the 21 driver had worked for 5� continuous hours before commencing rest. 22 For the purposes of determining whether on Monday the driver had a 23 minimum of 7 continuous hours stationary rest in a 24 hour period as 24 required under standard hours, the officer must assess the length of the 25 periods of stationary rest time the driver had between the end of the 26 major rest break that finished at 6.30a.m. on the Monday and 6.30a.m. 27 on the Tuesday. The officer sees that between 5.00p.m. on the Monday 28 and 4.30a.m. on the Tuesday the driver had a total of 11� continuous 29 hours of stationary rest time. 30 248 Time to be counted by reference to time zone of driver's 31 base 32 If the driver of a fatigue-regulated heavy vehicle undertakes a 33 journey and is in a different time zone from the time zone of 34 the driver's base at the time when a period of time is relevant 35 for the purposes of this Law, the period must be counted by 36 reference to the time zone of the driver's base. 37 Example-- 38 If, for the driver of a fatigue-regulated heavy vehicle with a base in 39 Queensland, it is necessary to work out the hours of night work time 40 while the driver is in Western Australia on a journey, the hours of night 41 Page 290

Heavy Vehicle National Law Amendment Bill 2012 [s 12] work time are the hours between midnight and 6a.m. in the Queensland 1 time zone (being the time zone in which the driver's base is situated), 2 even though the hours equate to 10p.m. and 4a.m. in Western Australia. 3 Division 2 Standard work and rest 4 arrangements 5 249 Standard hours 6 (1) The national regulations may prescribe the maximum work 7 times and minimum rest times (the standard hours) applying 8 to the driver of a fatigue-regulated heavy vehicle for a period 9 if the driver is not operating under a BFM accreditation, AFM 10 accreditation or work and rest hours exemption. 11 (2) Without limiting subsection (1), the national regulations may 12 prescribe-- 13 (a) different standard hours for solo drivers, solo drivers of 14 fatigue-regulated buses and drivers who are a party to a 15 two-up driving arrangement; and 16 (b) that a solo driver of a fatigue-regulated bus may operate 17 under either, but not both, the standard hours for solo 18 drivers or the standard hours for solo drivers of 19 fatigue-regulated buses. 20 250 Operating under standard hours--solo drivers 21 (1) The solo driver of a fatigue-regulated heavy vehicle commits 22 an offence if, in any period stated in the standard hours for the 23 driver, the driver-- 24 (a) works for more than the maximum work time stated in 25 the standard hours for the period; or 26 (b) rests for less than the minimum rest time stated in the 27 standard hours for the period. 28 Maximum penalty-- 29 (a) for a minor risk breach--$4000; or 30 (b) for a substantial risk breach--$6000; or 31 Page 291

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (c) for a severe risk breach--$10000; or 1 (d) for a critical risk breach--$15000. 2 (2) A person charged with an offence against subsection (1) does 3 not have the benefit of the mistake of fact defence for the 4 offence. 5 (3) However, in a proceeding for an offence against subsection 6 (1), the person charged has the benefit of the reasonable steps 7 defence for the offence. 8 Note-- 9 See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 10 251 Operating under standard hours--two-up drivers 11 (1) The driver of a fatigue-regulated heavy vehicle who is a party 12 to a two-up driving arrangement commits an offence if, in any 13 period stated in the standard hours for the driver, the driver-- 14 (a) works for more than the maximum work time stated in 15 the standard hours for the period; or 16 (b) rests for less than the minimum rest time stated in the 17 standard hours for the period. 18 Maximum penalty-- 19 (a) for a minor risk breach--$4000; or 20 (b) for a substantial risk breach--$6000; or 21 (c) for a severe risk breach--$10000; or 22 (d) for a critical risk breach--$15000. 23 (2) A person charged with an offence against subsection (1) does 24 not have the benefit of the mistake of fact defence for the 25 offence. 26 (3) However, in a proceeding for an offence against subsection 27 (1), the person charged has the benefit of the reasonable steps 28 defence for the offence. 29 Note-- 30 See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 31 Page 292

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 252 Defence relating to short rest breaks for drivers operating 1 under standard hours 2 (1) This section applies if, at a particular time, the driver of a 3 fatigue-regulated heavy vehicle is required, under section 250 4 or 251, to have a short rest break. 5 Examples of when this section applies-- 6 The driver is required to have 15 continuous minutes rest time 7 because-- 8 (a) the driver has worked for 51/4 hours; or 9 (b) the driver has worked for 71/2 hours and has only had 15 10 continuous minutes rest time during that period; or 11 (c) the driver has worked for 10 hours and has only had 3 lots of 15 12 continuous minutes rest time during that period. 13 (2) In a proceeding for an offence against section 250 or 251 14 relating to the driver failing to have the short rest break, it is a 15 defence for the driver to prove that-- 16 (a) at the time the driver was required to have the short rest 17 break, there was no suitable rest place for 18 fatigue-regulated heavy vehicles; and 19 (b) the driver had the short rest break-- 20 (i) at the next suitable rest place for fatigue-regulated 21 heavy vehicles available after that time on the 22 forward route of the driver's journey; and 23 (ii) no later than 45 minutes after the time the driver 24 was required to have the short rest break. 25 Example of when the defence applies-- 26 The driver of a fatigue-regulated heavy vehicle fails to have a short rest 27 break after 51/4 hours of work time because there was no suitable rest 28 place for fatigue-regulated heavy vehicles when the driver was 29 scheduled to have the short rest break. Instead, the driver has a short rest 30 break after 51/2 hours work at a suitable rest place for fatigue-regulated 31 heavy vehicles down the road. 32 (3) In this section-- 33 short rest break means rest time of less than 1 hour. 34 Page 293

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Division 3 BFM work and rest arrangements 1 253 BFM hours 2 (1) The national regulations may prescribe the maximum work 3 times and minimum rest times applying to the driver of a 4 fatigue-regulated heavy vehicle for a period if the driver is 5 operating under a BFM accreditation (the BFM hours). 6 (2) Without limiting subsection (1), the national regulations may 7 prescribe different BFM hours for solo drivers and drivers 8 who are a party to a two-up driving arrangement. 9 254 Operating under BFM hours--solo drivers 10 (1) The solo driver of a fatigue-regulated heavy vehicle commits 11 an offence if, in any period stated in the BFM hours for the 12 driver, the driver-- 13 (a) works for more than the maximum work time stated in 14 the BFM hours for the period; or 15 (b) rests for less than the minimum rest time stated in the 16 BFM hours for the period. 17 Maximum penalty-- 18 (a) for a minor risk breach--$4000; or 19 (b) for a substantial risk breach--$6000; or 20 (c) for a severe risk breach--$10000; or 21 (d) for a critical risk breach--$15000. 22 (2) A person charged with an offence against subsection (1) does 23 not have the benefit of the mistake of fact defence for the 24 offence. 25 (3) However, in a proceeding for an offence against subsection 26 (1), the person charged has the benefit of the reasonable steps 27 defence for the offence. 28 Note-- 29 See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 30 Page 294

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 255 Defence for solo drivers operating under BFM hours 1 relating to split rest breaks 2 (1) This section applies if, at a particular time, the driver of a 3 fatigue-regulated heavy vehicle is required under section 254 4 to have 7 continuous hours of stationary rest time in a period 5 of 24 hours. 6 (2) In a proceeding for an offence against section 254 for a solo 7 driver of a fatigue-regulated heavy vehicle relating to the 8 driver failing to have the 7 continuous hours of stationary rest 9 time, it is a defence for the driver to prove that-- 10 (a) at the time the driver was required to have the 7 11 continuous hours of stationary rest time, the driver was 12 operating under BFM hours as a solo driver of a 13 fatigue-regulated heavy vehicle; and 14 (b) during the period of 24 hours for which the 7 continuous 15 hours of stationary rest time was required to be had, the 16 driver had 6 continuous hours of stationary rest time and 17 2 continuous hours of stationary rest time (a split rest 18 break); and 19 (c) the driver had not had a split rest break in the previous 20 24-hour period. 21 Example of when the defence applies-- 22 The driver of a fatigue-regulated heavy vehicle stops work to have 7 23 continuous hours of stationary rest time, but can not sleep, so the driver 24 has only 2 continuous hours of stationary rest time and then drives on 25 for a further 2 hours and has a further 6 continuous hours of stationary 26 rest time at another place down the road. In the previous 24-hour period 27 the driver had 7 continuous hours of stationary rest time. 28 256 Operating under BFM hours--two-up drivers 29 (1) The driver of a fatigue-regulated heavy vehicle who is a party 30 to a two-up driving arrangement commits an offence if, in any 31 period stated in the BFM hours for the driver, the driver-- 32 (a) works for more than the maximum work time stated in 33 the BFM hours for the period; or 34 (b) rests for less than the minimum rest time stated in the 35 BFM hours for the period. 36 Page 295

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Maximum penalty-- 1 (a) for a minor risk breach--$4000; or 2 (b) for a substantial risk breach--$6000; or 3 (c) for a severe risk breach--$10000; or 4 (d) for a critical risk breach--$15000. 5 (2) A person charged with an offence against subsection (1) does 6 not have the benefit of the mistake of fact defence for the 7 offence. 8 (3) However, in a proceeding for an offence against subsection 9 (1), the person charged has the benefit of the reasonable steps 10 defence for the offence. 11 Note-- 12 See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 13 Division 4 AFM work and rest arrangements 14 257 AFM hours 15 AFM hours are the maximum work times and minimum rest 16 times applying, for a period, to the driver of a 17 fatigue-regulated heavy vehicle operating under an AFM 18 accreditation, and stated in the accreditation certificate for the 19 accreditation. 20 258 Operating under AFM hours 21 (1) The driver of a fatigue-regulated heavy vehicle commits an 22 offence if, in any period stated in the AFM hours for the 23 driver, the driver-- 24 (a) works for more than the maximum work time stated in 25 the AFM hours; or 26 (b) rests for less than the minimum rest time stated in the 27 AFM hours. 28 Maximum penalty-- 29 Page 296

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) for a minor risk breach--$4000; or 1 (b) for a substantial risk breach--$6000; or 2 (c) for a severe risk breach--$10000; or 3 (d) for a critical risk breach--$15000. 4 (2) A person charged with an offence against subsection (1) does 5 not have the benefit of the mistake of fact defence for the 6 offence. 7 (3) However, in a proceeding for an offence against subsection 8 (1), the person charged has the benefit of the reasonable steps 9 defence for the offence. 10 Note-- 11 See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 12 Division 5 Arrangements under work and rest 13 hours exemption 14 259 Exemption hours 15 (1) Exemption hours are the maximum work times and minimum 16 rest times applying, for a period, to the driver of a 17 fatigue-regulated heavy vehicle operating under a work and 18 rest hours exemption, and stated in the relevant document for 19 the exemption. 20 (2) In this section-- 21 relevant document means-- 22 (a) for a work and rest hours exemption (notice)--the 23 Commonwealth Gazette notice for the exemption; or 24 (b) for a work and rest hours exemption (permit)--the 25 permit for the exemption. 26 260 Operating under exemption hours 27 (1) The driver of a fatigue-regulated heavy vehicle operating 28 under a work and rest hours exemption commits an offence if, 29 Page 297

Heavy Vehicle National Law Amendment Bill 2012 [s 12] in any period stated in the exemption hours for the exemption, 1 the driver-- 2 (a) works for more than the maximum work time stated in 3 the exemption hours; or 4 (b) rests for less than the minimum rest time stated in the 5 exemption hours. 6 Maximum penalty-- 7 (a) for a minor risk breach--$4000; or 8 (b) for a substantial risk breach--$6000; or 9 (c) for a severe risk breach--$10000; or 10 (d) for a critical risk breach--$15000. 11 (2) A person charged with an offence against subsection (1) does 12 not have the benefit of the mistake of fact defence for the 13 offence. 14 (3) However, in a proceeding for an offence against subsection 15 (1), the person charged has the benefit of the reasonable steps 16 defence for the offence. 17 Note-- 18 See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 19 Division 6 Extended liability 20 261 Liability of employer etc. for driver's contravention of 21 maximum work requirement or minimum rest 22 requirement 23 (1) This section applies to an offence committed because the 24 driver of a fatigue-regulated heavy vehicle contravenes a 25 maximum work requirement or minimum rest requirement 26 applying to the driver under Division 2, 3, 4 or 5 (a relevant 27 offence). 28 (2) If a relevant offence is committed involving the driver of a 29 fatigue-regulated heavy vehicle, each of the following persons 30 Page 298

Heavy Vehicle National Law Amendment Bill 2012 [s 12] is taken to have committed an offence against this 1 subsection-- 2 (a) an employer of the driver if the driver is an employed 3 driver; 4 (b) a prime contractor of the driver if the driver is a 5 self-employed driver; 6 (c) an operator of the vehicle; 7 (d) a scheduler for the vehicle; 8 (e) a consignor of any goods for transport by the vehicle 9 that are in the vehicle; 10 (f) a consignee of any goods in the vehicle; 11 (g) a loading manager for any goods in the vehicle; 12 (h) a loader of any goods in the vehicle; 13 (i) an unloader of goods in the vehicle. 14 Maximum penalty-- 15 (a) for a minor risk breach--$4000; or 16 (b) for a substantial risk breach--$6000; or 17 (c) for a severe risk breach--$10000; or 18 (d) for a critical risk breach--$15000. 19 (3) A person charged with an offence against subsection (2) does 20 not have the benefit of the mistake of fact defence for the 21 offence. 22 (4) However, in a proceeding for an offence against subsection 23 (2), the person charged has the benefit of the reasonable steps 24 defence for the offence. 25 Note-- 26 See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 27 (5) In a proceeding for an offence against subsection (2)-- 28 (a) it is irrelevant whether or not the driver has been or will 29 be proceeded against, or convicted of, the relevant 30 offence; and 31 Page 299

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (b) evidence a court has convicted the driver of the relevant 1 offence is evidence that the offence happened at the time 2 and place, and in the circumstances, stated in the charge 3 resulting in the conviction; and 4 (c) evidence of details stated in an infringement notice 5 issued for the relevant offence is evidence that the 6 offence happened at the time and place, and in the 7 circumstances, stated in the infringement notice. 8 Division 7 Changing work and rest hours 9 option 10 262 Changing work and rest hours option 11 (1) The driver of a fatigue-regulated heavy vehicle may operate 12 under only 1 work and rest hours option at any 1 time. 13 (2) However, the driver of a fatigue-regulated heavy vehicle may 14 change from 1 work and rest hours option to a different work 15 and rest hours option. 16 263 Operating under new work and rest hours option after 17 change 18 (1) The driver of a fatigue-regulated heavy vehicle must not drive 19 the vehicle after changing from 1 work and rest hours option 20 to a different work and rest hours option unless-- 21 (a) if the change is from standard hours or BFM hours, 22 either the driver-- 23 (i) is in compliance with all the maximum work 24 requirements and minimum rest requirements 25 under the work and rest hours option to which the 26 driver has changed; or 27 (ii) has had a reset rest break; and 28 Examples for the purposes of paragraph (a)-- 29 1 If the driver of a fatigue-regulated heavy vehicle is changing 30 from BFM hours to standard hours and the minimum rest 31 requirements applying to drivers operating under standard 32 Page 300

Heavy Vehicle National Law Amendment Bill 2012 [s 12] hours requires the driver to have a longer rest time than is 1 required under BFM hours, the driver may start driving 2 under standard hours only if the driver has had the longer 3 rest time or a reset rest break. 4 2 If the driver of a fatigue-regulated heavy vehicle is changing 5 from BFM hours to standard hours and the minimum rest 6 requirements applying to drivers operating under standard 7 hours requires the driver to have rest time earlier than is 8 required under BFM hours, the driver may start driving 9 under standard hours only if the driver has had the earlier 10 rest time or a reset rest break. 11 (b) if the change is from AFM hours or exemption hours, 12 the driver has had a reset rest break; and 13 (c) the driver complies with all other requirements of the 14 work and rest hours option to which the driver has 15 changed. 16 Example of other requirements for the purposes of paragraph (c)-- 17 If the driver is changing to BFM hours or AFM hours, the driver 18 must be inducted into the relevant operator's BFM or AFM 19 fatigue management system. 20 Maximum penalty--$4000. 21 (2) If the driver of a fatigue-regulated heavy vehicle has had a 22 reset rest break between changing from 1 work and rest hours 23 option to a different work and rest hours option, the period to 24 which the new work and rest hours option applies must be 25 counted forward from the end of the reset rest break. 26 (3) A person charged with an offence against subsection (1) does 27 not have the benefit of the mistake of fact defence for the 28 offence. 29 (4) However, in a proceeding for an offence against subsection 30 (1), the person charged has the benefit of the reasonable steps 31 defence for the offence. 32 Note-- 33 See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 34 (5) In this section-- 35 reset rest break means a period of rest time of at least 48 36 continuous hours. 37 Page 301

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 264 Duty of employer, prime contractor, operator and 1 scheduler to ensure driver compliance 2 (1) This section applies if the driver of a fatigue-regulated heavy 3 vehicle changes from 1 work and rest hours option to a 4 different work and rest hours option. 5 (2) A relevant party for the driver must-- 6 (a) ensure the driver does not drive a fatigue-regulated 7 heavy vehicle after making the change unless the driver 8 has complied with section 263; and 9 (b) take whatever action is necessary to ensure the driver 10 can comply with his or her obligations in relation to the 11 change. 12 Maximum penalty--$6000. 13 (3) A person charged with an offence against subsection (2) does 14 not have the benefit of the mistake of fact defence for the 15 offence. 16 (4) However, in a proceeding for an offence against subsection 17 (2), the person charged has the benefit of the reasonable steps 18 defence for the offence. 19 Note-- 20 See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 21 (5) In this section-- 22 relevant party, for the driver of a fatigue-regulated heavy 23 vehicle, means-- 24 (a) an employer of the driver if the driver is an employed 25 driver; or 26 (b) a prime contractor of the driver if the driver is a 27 self-employed driver; or 28 (c) an operator of the vehicle if the driver is making a 29 journey for the operator; or 30 (d) a scheduler for the vehicle. 31 Page 302

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Division 8 Exemptions relating to work times 1 and rest times 2 Subdivision 1 Exemption for emergency services 3 265 Emergency services exemption 4 (1) A person who is acting for an emergency service and who has 5 time-critical duties on the way to, or during, an emergency is 6 exempted in the course of carrying out the duties from 7 compliance with this Part. 8 (2) A person who is acting for an emergency service and who is 9 returning from attending an emergency is exempted from 10 compliance with this Part if the person reasonably believes the 11 noncompliance does not present an unreasonable danger to 12 other road users. 13 (3) A person who is acting for an emergency service is exempted 14 from compliance with this Part under subsection (1) or (2) 15 only if, at the relevant time, the person complies with any 16 guidelines regarding the management of fatigue issued by or 17 on behalf of the emergency service or an authority responsible 18 for oversight of the emergency service. 19 (4) In this section-- 20 emergency means an event, or an anticipated event, that-- 21 (a) endangers, or may endanger, life, property or the 22 environment; or 23 (b) has disrupted, or may disrupt, communications, energy 24 supply, water supply or sewerage services; or 25 (c) is declared to be an emergency or disaster by-- 26 (i) the Commonwealth or a State or Territory; or 27 (ii) a Commonwealth or State or Territory authority 28 responsible for managing responses to 29 emergencies or disasters. 30 Page 303

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Examples of an emergency-- 1 fire, explosion or natural disaster 2 emergency service means an entity that has a statutory 3 responsibility to respond to an emergency and includes the 4 following-- 5 (a) an ambulance service; 6 (b) a fire brigade, including a volunteer fire brigade; 7 (c) a police force or police service; 8 (d) a disaster or emergency organisation of the 9 Commonwealth or a State or Territory. 10 Subdivision 2 Exemptions by Commonwealth 11 Gazette notice 12 266 Regulator's power to exempt class of drivers from 13 particular maximum work requirements and minimum 14 rest requirements 15 (1) The Regulator may, by Commonwealth Gazette notice 16 complying with section 270, grant an exemption to allow, for 17 a period of not more than 3 years, a class of drivers of 18 fatigue-regulated heavy vehicles to operate under the 19 maximum work times and minimum rest times stated in the 20 exemption. 21 (2) An exemption under subsection (1) is a work and rest hours 22 exemption (notice). 23 267 Restriction on grant of work and rest hours exemption 24 (notice) 25 (1) The Regulator may grant a work and rest hours exemption 26 (notice) only if the Regulator is satisfied-- 27 (a) requiring the class of drivers to whom the exemption is 28 to apply to comply with the standard hours would be an 29 unreasonable restriction on operations conducted by-- 30 (i) the class of drivers; or 31 Page 304

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (ii) relevant parties for the class of drivers; and 1 (b) if the maximum work times and minimum rest times to 2 apply under the exemption could be accommodated 3 within BFM hours or AFM hours--the requirements 4 applying to BFM accreditation or AFM accreditation 5 under this Law would, having regard to the nature of the 6 operations, be unreasonable for the operations 7 conducted by-- 8 (i) the class of drivers; or 9 (ii) relevant parties for the class of drivers; and 10 (c) the driver fatigue management practices that are to 11 apply to drivers operating under the exemption would, if 12 followed, safely manage fatigue risks; and 13 (d) the class of drivers to whom the exemption is to apply is 14 likely to follow the practices consistently and 15 effectively. 16 (2) In deciding whether or not to grant a work and rest hours 17 exemption (notice), the Regulator must have regard to the 18 approved guidelines for granting work and rest hours 19 exemptions. 20 (3) In this section-- 21 relevant parties, for a class of drivers of fatigue-regulated 22 heavy vehicles, means-- 23 (a) employers of the class of drivers if they are employed 24 drivers; or 25 (b) prime contractors for the class of drivers if they are 26 self-employed drivers; or 27 (c) operators of fatigue-regulated heavy vehicles if the 28 drivers of the class are to make journeys for the 29 operators using the vehicles. 30 Page 305

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 268 Conditions of work and rest hours exemption (notice) 1 A work and rest hours exemption (notice) may be subject to 2 any conditions the Regulator considers appropriate, including, 3 for example-- 4 (a) conditions about driver fatigue management practices 5 that are to apply to drivers operating under the 6 exemption; and 7 (b) conditions about keeping records relating to the driver 8 fatigue management practices; and 9 (c) a condition that the driver of a fatigue-regulated heavy 10 vehicle who is operating under the exemption must keep 11 in the driver's possession a copy of-- 12 (i) the Commonwealth Gazette notice for the 13 exemption; or 14 (ii) an information sheet about the exemption 15 published by the Regulator on the Regulator's 16 website. 17 269 Period for which work and rest hours exemption (notice) 18 applies 19 A work and rest hours exemption (notice)-- 20 (a) takes effect-- 21 (i) when the Commonwealth Gazette notice for the 22 exemption is published; or 23 (ii) if a later time is stated in the Commonwealth 24 Gazette notice, at the later time; and 25 (b) applies for the period stated in the Commonwealth 26 Gazette notice. 27 270 Requirements about Commonwealth Gazette notice 28 (1) A Commonwealth Gazette notice for a work and rest hours 29 exemption (notice) must state the following-- 30 Page 306

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) the class of drivers of fatigue-regulated heavy vehicles 1 to which the exemption applies; 2 (b) the maximum work times and minimum rest times that 3 are to apply to drivers operating under the exemption; 4 (c) the other conditions of the exemption; 5 (d) the period for which the exemption applies. 6 (2) The Regulator must publish a copy of the Commonwealth 7 Gazette notice on the Regulator's website. 8 271 Amendment or cancellation of work and rest hours 9 exemption (notice) 10 (1) Each of the following is a ground for amending or cancelling 11 a work and rest hours exemption (notice)-- 12 (a) since the exemption was granted, there has been a 13 change in the circumstances that were relevant to the 14 Regulator's decision to grant the exemption and, had the 15 changed circumstances existed when the exemption was 16 granted, the Regulator would not have granted the 17 exemption, or would have granted the exemption subject 18 to conditions or different conditions; 19 (b) the use of fatigue-regulated heavy vehicles under the 20 exemption has caused, or is likely to cause, a significant 21 risk to public safety. 22 (2) If the Regulator considers a ground exists to amend or cancel 23 a work and rest hours exemption (notice), the Regulator may 24 amend or cancel the exemption by complying with 25 subsections (3) to (5). 26 (3) The Regulator must publish a notice in the Commonwealth 27 Gazette, in a newspaper circulating generally throughout each 28 participating jurisdiction and on the Regulator's website-- 29 (a) stating that the Regulator believes a ground mentioned 30 in subsection (1)(a) or (b) for amending or cancelling 31 the exemption exists; and 32 (b) outlining the facts and circumstances forming the basis 33 for the belief; and 34 Page 307

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (c) stating the action the Regulator is proposing to take 1 under this section (the proposed action); and 2 (d) inviting persons who will be affected by the proposed 3 action to make, within a stated time of at least 14 days 4 after the Commonwealth Gazette notice is published, 5 written representations about why the proposed action 6 should not be taken. 7 (4) If, after considering all written representations made under 8 subsection (3)(d), the Regulator still considers a ground exists 9 to take the proposed action, the Regulator may-- 10 (a) if the proposed action was to amend the 11 exemption--amend the exemption, including, for 12 example, by imposing additional conditions on the 13 exemption, in a way that is not substantially different 14 from the proposed action; or 15 (b) if the proposed action was to cancel the exemption-- 16 (i) amend the exemption, including, for example, by 17 imposing additional conditions on the exemption; 18 or 19 (ii) cancel the exemption. 20 (5) Notice of the amendment or cancellation must be published-- 21 (a) in-- 22 (i) the Commonwealth Gazette; and 23 (ii) a newspaper circulating generally throughout each 24 participating jurisdiction; and 25 (b) on the Regulator's website. 26 (6) The amendment or cancellation takes effect-- 27 (a) 28 days after the Commonwealth Gazette notice is 28 published; or 29 (b) if a later time is stated in the Commonwealth Gazette 30 notice, at the later time. 31 Page 308

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 272 Immediate suspension 1 (1) This section applies if the Regulator considers-- 2 (a) a ground exists to cancel a work and rest hours 3 exemption (notice); and 4 (b) it is necessary to suspend the exemption immediately to 5 prevent or minimise serious harm to public safety. 6 (2) The Regulator may, by publishing a notice as mentioned in 7 subsection (3) (immediate suspension notice), immediately 8 suspend the work and rest hours exemption (notice) until the 9 earliest of the following-- 10 (a) the Regulator publishes a notice under section 271(5) 11 and the amendment or cancellation takes effect under 12 section 271(6); 13 (b) the Regulator cancels the suspension; 14 (c) the end of 56 days after the day the immediate 15 suspension notice is published. 16 (3) The immediate suspension notice, and (where relevant) notice 17 of the cancellation of the suspension, must be published-- 18 (a) in-- 19 (i) the Commonwealth Gazette; and 20 (ii) a newspaper circulating generally throughout each 21 relevant participating jurisdiction; and 22 (b) on the Regulator's website; and 23 (c) in any other newspaper the Regulator considers 24 appropriate. 25 Example for the purposes of paragraph (c)-- 26 If the work and rest hours exemption (notice) relates to a 27 particular part of a participating jurisdiction, the Regulator may 28 consider it appropriate to publish the notice in a newspaper 29 circulating generally in the part. 30 (4) The suspension, or (where relevant) the cancellation of the 31 suspension, takes effect immediately after the Commonwealth 32 Gazette notice is published under subsection (3). 33 (5) This section applies despite section 271. 34 Page 309

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (6) In this section-- 1 relevant participating jurisdiction, for a work and rest hours 2 exemption (notice), means a participating jurisdiction in 3 which the whole or part of an area or route to which the 4 exemption applies is situated. 5 Subdivision 3 Exemptions by permit 6 273 Regulator's power to exempt drivers from particular 7 maximum work requirements and minimum rest 8 requirements 9 (1) The Regulator may, by giving a person a permit as mentioned 10 in section 278, grant an exemption to allow, for a period of not 11 more than 3 years, a driver of a fatigue-regulated heavy 12 vehicle, or a class of drivers of fatigue-regulated heavy 13 vehicles, to operate under the maximum work times and 14 minimum rest times stated in the exemption. 15 (2) An exemption under subsection (1) is a work and rest hours 16 exemption (permit). 17 (3) The Regulator may grant a work and rest hours exemption 18 (permit) to the operator of a fatigue-regulated heavy vehicle in 19 combination with the operator's BFM accreditation or AFM 20 accreditation. 21 (4) The Regulator may grant a work and rest hours exemption 22 (permit)-- 23 (a) in a way that does not cover all the drivers sought by the 24 applicant; or 25 (b) setting maximum work times and minimum rest times 26 different to the maximum work times and minimum rest 27 times sought by the applicant. 28 274 Application for work and rest hours exemption (permit) 29 (1) Any of the following persons may apply to the Regulator for a 30 work and rest hours exemption (permit)-- 31 Page 310

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) an employer of a driver of a fatigue-regulated heavy 1 vehicle; 2 (b) a prime contractor for a driver of a fatigue-regulated 3 heavy vehicle; 4 (c) an operator of a fatigue-regulated heavy vehicle; 5 (d) a self-employed driver of a fatigue-regulated heavy 6 vehicle. 7 (2) The application must-- 8 (a) be in the approved form; and 9 (b) state the following-- 10 (i) the period for which the exemption is sought; 11 (ii) any conditions to which the exemption is sought to 12 be subject; 13 (iii) the name of the driver of a fatigue-regulated heavy 14 vehicle to whom the exemption is sought to apply, 15 or details of the class of drivers of 16 fatigue-regulated heavy vehicles to whom the 17 exemption is sought to apply; 18 (iv) the proposed maximum work times and minimum 19 rest times that would be followed by drivers 20 operating under the exemption; 21 (v) if the proposed maximum work times and 22 minimum rest times to apply under the exemption 23 could be accommodated within BFM hours or 24 AFM hours-- 25 (A) the driver fatigue management practices that 26 would be followed by the applicant and 27 drivers operating under the exemption; and 28 (B) how the practices would safely manage 29 fatigue risks; and 30 (C) how the requirements applying to BFM 31 accreditation or AFM accreditation under 32 this Law would be unreasonable for the 33 operations conducted by the applicant, 34 Page 311

Heavy Vehicle National Law Amendment Bill 2012 [s 12] having regard to the nature of the operations; 1 and 2 (c) be accompanied by the prescribed fee for the 3 application. 4 (3) The Regulator may, by notice given to the applicant, require 5 the applicant to give the Regulator any additional information 6 the Regulator reasonably requires to decide the application. 7 275 Restriction on grant of work and rest hours exemption 8 (permit) 9 (1) The Regulator may grant a work and rest hours exemption 10 (permit) only if the Regulator is satisfied-- 11 (a) requiring the drivers to whom the exemption is to apply 12 to comply with the standard hours would be an 13 unreasonable restriction on operations conducted by the 14 applicant; and 15 (b) if the maximum work times and minimum rest times to 16 apply under the exemption could be accommodated 17 within BFM hours or AFM hours--the requirements 18 applying to BFM accreditation or AFM accreditation 19 under this Law would be unreasonable for the 20 operations conducted by the applicant, having regard to 21 the nature of the operations; and 22 (c) the driver fatigue management practices that are to 23 apply to drivers operating under the exemption would, if 24 followed, safely manage fatigue risks; and 25 (d) the drivers to whom the exemption is to apply are likely 26 to follow the practices consistently and effectively. 27 (2) In deciding whether or not to grant a work and rest hours 28 exemption (permit), the Regulator must have regard to the 29 approved guidelines for granting work and rest hours 30 exemptions. 31 Page 312

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 276 Conditions of work and rest hours exemption (permit) 1 (1) If the Regulator grants a work and rest hours exemption 2 (permit) to the operator of a fatigue-regulated heavy vehicle in 3 combination with the operator's BFM accreditation or AFM 4 accreditation, it is a condition of the exemption that the 5 operator must comply with all the conditions of the operator's 6 BFM accreditation or AFM accreditation. 7 (2) A work and rest hours exemption (permit) may be subject to 8 any other conditions the Regulator considers appropriate, 9 including, for example, conditions about-- 10 (a) driver fatigue management practices that are to apply to 11 drivers operating under the exemption; and 12 (b) keeping records relating to the driver fatigue 13 management practices. 14 277 Period for which work and rest hours exemption (permit) 15 applies 16 (1) A work and rest hours exemption (permit) applies for the 17 period stated in the permit for the exemption. 18 (2) The period may be less than the period sought by the applicant 19 for the work and rest hours exemption (permit). 20 278 Permit for work and rest hours exemption (permit) etc. 21 (1) If the Regulator grants a work and rest hours exemption 22 (permit) to a person, the Regulator must give the person-- 23 (a) a permit for the exemption; and 24 (b) if prescribed circumstances apply to the grant of the 25 exemption--an information notice for the prescribed 26 circumstances. 27 (2) A permit for a work and rest hours exemption (permit) must 28 state the following-- 29 (a) the name of the person to whom the permit is given; 30 Page 313

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (b) the driver of a fatigue-regulated heavy vehicle, or class 1 of drivers of fatigue-regulated heavy vehicles, to which 2 the exemption applies; 3 (c) the maximum work times and minimum rest times that 4 apply to drivers operating under the exemption; 5 (d) the conditions of the exemption, including, if applicable, 6 the condition mentioned in section 276(1); 7 (e) the period for which the exemption applies. 8 (3) In this section-- 9 prescribed circumstances, for a work and rest hours 10 exemption (permit), means the Regulator has-- 11 (a) imposed conditions on the exemption under section 12 276(2); or 13 (b) granted the exemption in a way that does not cover all 14 the drivers sought by the applicant for the exemption; or 15 (c) granted the exemption setting maximum work times and 16 minimum rest times different to the maximum work 17 times and minimum rest times sought by the applicant 18 for the exemption; or 19 (d) granted the exemption for a period less than the period 20 of not more than 3 years sought by the applicant for the 21 exemption. 22 279 Refusal of application for work and rest hours exemption 23 (permit) 24 If the Regulator refuses an application for a work and rest 25 hours exemption (permit), the Regulator must give the 26 applicant an information notice for the decision to refuse the 27 application. 28 Page 314

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 280 Amendment or cancellation of work and rest hours 1 exemption (permit) on application by permit holder 2 (1) The holder of a permit for a work and rest hours exemption 3 (permit) may apply to the Regulator for an amendment or 4 cancellation of the exemption. 5 (2) The application must-- 6 (a) be in the approved form; and 7 (b) be accompanied by the prescribed fee for the 8 application; and 9 (c) if the application is for an amendment--state clearly the 10 amendment sought and the reasons for the amendment; 11 and 12 (d) be accompanied by the permit. 13 (3) The Regulator may, by notice given to the applicant, require 14 the applicant to give the Regulator any additional information 15 the Regulator reasonably requires to decide the application. 16 (4) The Regulator must decide the application as soon as 17 practicable after receiving it. 18 (5) If the Regulator decides to grant the application-- 19 (a) the Regulator must give the applicant notice of the 20 decision; and 21 (b) the amendment or cancellation takes effect-- 22 (i) when notice of the decision is given to the 23 applicant; or 24 (ii) if a later time is stated in the notice, at the later 25 time; and 26 (c) if the Regulator amended the exemption, the Regulator 27 must give the applicant a replacement permit for the 28 exemption as amended. 29 (6) If the Regulator decides not to amend or cancel the exemption 30 as sought by the applicant, the Regulator must-- 31 Page 315

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) give the applicant an information notice for the decision; 1 and 2 (b) return the permit for the exemption to the applicant. 3 281 Amendment or cancellation of work and rest hours 4 exemption (permit) on Regulator's initiative 5 (1) Each of the following is a ground for amending or cancelling 6 a work and rest hours exemption (permit)-- 7 (a) the exemption was granted because of a document or 8 representation that was-- 9 (i) false or misleading; or 10 (ii) obtained or made in an improper way; 11 (b) the holder of the permit for the exemption has 12 contravened this Law or a corresponding fatigue law; 13 (c) a driver of a fatigue-regulated heavy vehicle to whom 14 the exemption applies has contravened this Law or a 15 corresponding fatigue law; 16 (d) since the exemption was granted, there has been a 17 change in the circumstances that were relevant to the 18 Regulator's decision to grant the exemption and, had the 19 changed circumstances existed when the exemption was 20 granted, the Regulator would not have granted the 21 exemption, or would have granted the exemption subject 22 to conditions or different conditions. 23 (2) If the Regulator considers a ground exists to amend or cancel 24 a work and rest hours exemption (permit) (the proposed 25 action), the Regulator must give the holder of the permit for 26 the exemption a notice-- 27 (a) stating the proposed action; and 28 (b) stating the ground for the proposed action; and 29 (c) outlining the facts and circumstances forming the basis 30 for the ground; and 31 Page 316

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (d) if the proposed action is to amend the exemption 1 (including a condition of the exemption)--stating the 2 proposed amendment; and 3 (e) inviting the holder to make, within a stated time of at 4 least 14 days after the notice is given to the holder, 5 written representations about why the proposed action 6 should not be taken. 7 (3) If, after considering all written representations made under 8 subsection (2)(e), the Regulator still considers a ground exists 9 to take the proposed action, the Regulator may-- 10 (a) if the proposed action was to amend the 11 exemption--amend the exemption, including, for 12 example, by imposing additional conditions on the 13 exemption, in a way that is not substantially different 14 from the proposed action; or 15 (b) if the proposed action was to cancel the exemption-- 16 (i) amend the exemption, including, for example, by 17 imposing additional conditions on the exemption; 18 or 19 (ii) cancel the exemption. 20 (4) The Regulator must give the holder an information notice for 21 the decision. 22 (5) The amendment or cancellation takes effect-- 23 (a) when the information notice is given to the holder; or 24 (b) if a later time is stated in the information notice, at the 25 later time. 26 282 Immediate suspension of work and rest hours exemption 27 (permit) 28 (1) This section applies if the Regulator considers-- 29 (a) a ground exists to cancel a work and rest hours 30 exemption (permit); and 31 (b) it is necessary to suspend the exemption immediately to 32 prevent or minimise serious harm to public safety. 33 Page 317

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (2) The Regulator may, by notice (immediate suspension notice) 1 given to the person to whom the permit for the exemption was 2 given, immediately suspend the exemption until the earliest of 3 the following-- 4 (a) the Regulator gives the holder a notice under section 5 281(4) and the amendment or cancellation takes effect 6 under section 281(5); 7 (b) the Regulator cancels the suspension; 8 (c) the end of 56 days after the day the immediate 9 suspension notice is given to the holder. 10 (3) This section applies despite sections 280 and 281. 11 283 Minor amendment of work and rest hours exemption 12 (permit) 13 The Regulator may, by notice given to the holder of a permit 14 for a work and rest hours exemption (permit), amend the 15 exemption in a minor respect-- 16 (a) for a formal or clerical reason; or 17 (b) in another way that does not adversely affect the 18 holder's interests. 19 284 Return of permit 20 (1) If a person's work and rest hours exemption (permit) is 21 amended or cancelled, the Regulator may, by notice given to 22 the person, require the person to return the person's permit for 23 the exemption to the Regulator. 24 (2) The person must comply with the notice within 7 days after 25 the notice is given to the person or, if a longer period is stated 26 in the notice, within the longer period. 27 Maximum penalty--$6000. 28 (3) If the exemption has been amended, the Regulator must give 29 the person a replacement permit for the exemption as 30 amended. 31 Page 318

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 285 Replacement of defaced etc. permit 1 (1) If a person's permit for a work and rest hours exemption 2 (permit) is defaced, destroyed, lost or stolen, the person must, 3 as soon as reasonably practicable after becoming aware of the 4 matter, apply to the Regulator for a replacement permit. 5 Maximum penalty--$4000. 6 (2) If the Regulator is satisfied the permit has been defaced, 7 destroyed, lost or stolen, the Regulator must give the person a 8 replacement permit as soon as practicable. 9 (3) If the Regulator decides not to give a replacement permit to 10 the person, the Regulator must give the person an information 11 notice for the decision. 12 Subdivision 4 Offences relating to operating 13 under work and rest hours 14 exemption etc. 15 286 Contravening condition of work and rest hours 16 exemption 17 (1) A person must not contravene a condition of a work and rest 18 hours exemption. 19 Maximum penalty--$6000. 20 (2) In this section-- 21 condition, of a work and rest hours exemption, does not 22 include-- 23 (a) a condition mentioned in section 287(1); or 24 (b) anything stating the exemption hours for the exemption. 25 287 Keeping relevant document while operating under work 26 and rest hours exemption (notice) 27 (1) This section applies if a work and rest hours exemption 28 (notice) is subject to the condition that the driver of a 29 fatigue-regulated heavy vehicle who is operating under the 30 Page 319

Heavy Vehicle National Law Amendment Bill 2012 [s 12] exemption must keep a relevant document in the driver's 1 possession. 2 (2) A driver of the fatigue-regulated heavy vehicle who is 3 operating under the work and rest hours exemption (notice) 4 must comply with the condition. 5 Maximum penalty--$3000. 6 (3) If an offence is committed against subsection (2) involving the 7 driver of a fatigue-regulated heavy vehicle, each relevant party 8 for the driver is taken to have committed an offence against 9 this subsection. 10 Maximum penalty--$3000. 11 (4) A person charged with an offence against subsection (3) does 12 not have the benefit of the mistake of fact defence for the 13 offence. 14 (5) However, in a proceeding for an offence against subsection 15 (3), the person charged has the benefit of the reasonable steps 16 defence for the offence. 17 Note-- 18 See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 19 (6) In a proceeding for an offence against subsection (3)-- 20 (a) it is irrelevant whether or not the driver has been or will 21 be proceeded against, or convicted of, the offence 22 against subsection (2); and 23 (b) evidence a court has convicted the driver of the offence 24 against subsection (2) is evidence that the offence 25 happened at the time and place, and in the 26 circumstances, stated in the charge resulting in the 27 conviction; and 28 (c) evidence of details stated in an infringement notice 29 issued for the offence against subsection (2) is evidence 30 that the offence happened at the time and place, and in 31 the circumstances, stated in the infringement notice. 32 (7) In this section-- 33 relevant document, for a work and rest hours exemption 34 (notice), means a copy of-- 35 Page 320

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) the Commonwealth Gazette notice for the exemption; or 1 (b) an information sheet about the exemption published by 2 the Regulator on the Regulator's website. 3 relevant party, for the driver of a fatigue-regulated heavy 4 vehicle, means-- 5 (a) an employer of the driver if the driver is an employed 6 driver; or 7 (b) a prime contractor of the driver if the driver is a 8 self-employed driver; or 9 (c) an operator of the vehicle if the driver is making a 10 journey for the operator. 11 288 Keeping copy of permit while driving under work and rest 12 hours exemption (permit) 13 (1) The driver of a fatigue-regulated heavy vehicle who is driving 14 the vehicle under a work and rest hours exemption (permit) 15 must keep a copy of the permit for the exemption in the 16 driver's possession. 17 Maximum penalty--$3000. 18 (2) If the driver of a fatigue-regulated heavy vehicle is operating 19 under a work and rest hours exemption (permit) granted to a 20 relevant party for the driver and the relevant party has given 21 the driver a copy of a permit for the purpose of subsection (1), 22 the driver must, as soon as reasonably practicable, return the 23 copy to the relevant party if the driver-- 24 (a) stops working for the relevant party; or 25 (b) stops operating under the relevant party's exemption; or 26 (c) no longer meets the requirements relating to drivers 27 under the relevant party's exemption. 28 Maximum penalty--$4000. 29 (3) If an offence is committed against subsection (1) involving the 30 driver of a fatigue-regulated heavy vehicle, each relevant party 31 for the driver is taken to have committed an offence against 32 this subsection. 33 Page 321

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Maximum penalty--$3000. 1 (4) A person charged with an offence against subsection (3) does 2 not have the benefit of the mistake of fact defence for the 3 offence. 4 (5) However, in a proceeding for an offence against subsection 5 (3), the person charged has the benefit of the reasonable steps 6 defence for the offence. 7 Note-- 8 See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 9 (6) In a proceeding for an offence against subsection (3)-- 10 (a) it is irrelevant whether or not the driver has been or will 11 be proceeded against, or convicted of, the offence 12 against subsection (1); and 13 (b) evidence a court has convicted the driver of the offence 14 against subsection (1) is evidence that the offence 15 happened at the time and place, and in the 16 circumstances, stated in the charge resulting in the 17 conviction; and 18 (c) evidence of details stated in an infringement notice 19 issued for the offence against subsection (1) is evidence 20 that the offence happened at the time and place, and in 21 the circumstances, stated in the infringement notice. 22 (7) In this section-- 23 relevant party, for the driver of a fatigue-regulated heavy 24 vehicle, means-- 25 (a) an employer of the driver if the driver is an employed 26 driver; or 27 (b) a prime contractor of the driver if the driver is a 28 self-employed driver; or 29 (c) an operator of the vehicle if the driver is making a 30 journey for the operator. 31 Page 322

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Part 6.4 Requirements about record 1 keeping 2 Division 1 Preliminary 3 289 What is 100km work and 100+km work 4 (1) The driver of a fatigue-regulated heavy vehicle is undertaking 5 100km work if the driver is driving in an area with a radius of 6 100km or less from the driver's base. 7 (2) The driver of a fatigue-regulated heavy vehicle is undertaking 8 100+km work if the driver is driving in an area with a radius 9 of more than 100km from the driver's base. 10 (3) To remove any doubt, it is declared that the driver of a 11 fatigue-regulated heavy vehicle to whom subsection (2) 12 applies-- 13 (a) is taken to be undertaking 100+km work even while the 14 driver is driving in an area within a radius of 100km or 15 less from the driver's base; and 16 (b) if the driver is required to record information in a work 17 diary under this Part, must record particulars of the 18 journey in the driver's work diary from the beginning of 19 the journey. 20 290 What is a driver's record location 21 The record location of the driver of a fatigue-regulated heavy 22 vehicle is-- 23 (a) if the driver's record keeper has advised the driver of the 24 place that is the driver's record location--the place 25 advised; or 26 (b) otherwise--the driver's base. 27 Page 323

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Division 2 Work diary requirements 1 Subdivision 1 Requirement to carry work diary 2 291 Application of Sdiv 1 3 This Subdivision applies if the driver of a fatigue-regulated 4 heavy vehicle-- 5 (a) is undertaking 100+km work under standard hours; or 6 (b) was undertaking 100+km work under standard hours in 7 the last 28 days; or 8 (c) is working under BFM hours, AFM hours or exemption 9 hours; or 10 (d) was working under BFM hours, AFM hours or 11 exemption hours in the last 28 days. 12 292 Meaning of work diary for Sdiv 1 13 (1) In this Subdivision, a reference to a work diary in relation to 14 the driver of a fatigue-regulated heavy vehicle is a reference to 15 the following-- 16 (a) if the driver has used only 1 or more written work 17 diaries in the last 28 days-- 18 (i) the written work diary the driver is currently using; 19 and 20 (ii) any filled-up written work diary the driver has used 21 during the last 28 days; 22 (b) if the driver has used only 1 or more electronic work 23 diaries in the last 28 days-- 24 (i) the electronic work diary the driver is currently 25 using; and 26 (ii) printouts of the information no longer stored in the 27 electronic work diary the driver is currently using 28 and relating to any period during the last 28 days; 29 and 30 Page 324

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (iii) printouts of the information in any other electronic 1 work diary the driver has used in the last 28 days, 2 relating to any period during the last 28 days and 3 not stored in the electronic work diary the driver is 4 currently using; 5 (c) if the driver has used a combination of written work 6 diaries and electronic work diaries in the last 28 days-- 7 (i) the written work diary, or electronic work diary, 8 the driver is currently using; and 9 (ii) each written work diary the driver has used during 10 the last 28 days; and 11 (iii) if the driver is currently using an electronic work 12 diary, printouts of the information no longer stored 13 in the diary and relating to any period during the 14 last 28 days; and 15 (iv) printouts of the information in any electronic work 16 diary the driver has used in the last 28 days, 17 relating to any period during the last 28 days and 18 not recorded in the written work diary or electronic 19 work diary the driver is currently using. 20 (2) If the driver has made a supplementary record in the last 28 21 days, for this Subdivision, the supplementary record is taken 22 to be part of the driver's work diary. 23 Note-- 24 Section 305(4) provides in effect that a driver can no longer use a 25 supplementary record if the driver is issued with a new work diary, the 26 driver's existing electronic work diary is made capable of recording new 27 information or is brought back into working order, or 7 business days 28 have expired (whichever first happens). 29 293 Driver of fatigue-regulated heavy vehicle must carry work 30 diary 31 (1) The driver of a fatigue-regulated heavy vehicle must-- 32 (a) keep a work diary; and 33 (b) ensure-- 34 Page 325

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (i) the driver's work diary records the information 1 required to be recorded under Subdivision 2 for 2 each day in the previous 28 days; and 3 (ii) the driver's work diary is in the driver's possession 4 while the driver is driving the vehicle. 5 Maximum penalty--$6000. 6 Notes-- 7 1 For the requirement to record particular information in a 8 supplementary record if the work diary of the driver of a 9 fatigue-regulated heavy vehicle is filled up, destroyed, lost, stolen 10 or, for an electronic diary, is malfunctioning, see section 305. 11 2 Under section 568, an authorised officer may require the driver of a 12 fatigue-regulated heavy vehicle to produce for inspection the 13 driver's work diary. 14 (2) Subsection (1) applies irrespective of the number of days in 15 the previous 28 days the driver spent working in relation to a 16 fatigue-regulated heavy vehicle. 17 (3) In a proceeding for an offence against subsection (1) relating 18 to the driver failing to keep a work diary containing particular 19 information, it is a defence for the driver to prove that-- 20 (a) the information was recorded in a work diary that, at the 21 time of the offence, has been destroyed (other than by 22 the driver) or lost or stolen; or 23 (b) the information was-- 24 (i) recorded in an electronic work diary; and 25 (ii) destroyed or lost as a result of a malfunction of the 26 electronic work diary before the information was 27 given to the driver's record keeper or recorded in 28 any other way. 29 Page 326

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Subdivision 2 Information required to be included 1 in work diary 2 294 Purpose of and definition for Sdiv 2 3 (1) This Subdivision provides for the information the driver of a 4 fatigue-regulated heavy vehicle must record in the driver's 5 work diary for each day on which the driver-- 6 (a) undertakes 100+km work under standard hours; or 7 (b) works under BFM hours, AFM hours or exemption 8 hours. 9 (2) In this Subdivision-- 10 required information means information required by the 11 national regulations under section 295 to be recorded in the 12 driver's work diary. 13 295 National regulations for information to be included in 14 work diary 15 (1) The national regulations may provide for-- 16 (a) the information that is to be recorded in the driver's 17 work diary; and 18 (b) the manner in which information is to be recorded in the 19 driver's work diary; and 20 (c) any other matter relating to information that is to be 21 recorded in the driver's work diary. 22 (2) Without limiting subsection (1), the national regulations may 23 provide-- 24 (a) for information to be recorded on a daily basis 25 (including each period of work time and rest time the 26 driver has on a day) or on some other stated basis; and 27 (b) for information to be recorded immediately before or 28 after a period of work time or rest time; and 29 (c) for information to be recorded when finishing work for a 30 day; and 31 Page 327

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (d) for information to be recorded when there is a change of 1 the driver's base; and 2 (e) for information to be recorded when there is a change of 3 the driver's record location; and 4 (f) for information to be recorded regarding the parties to a 5 two-up driving arrangement. 6 (3) Without limiting subsections (1) and (2), the national 7 regulations may provide that, if the driver stops working on a 8 day and starts a major rest break that will continue until the 9 end of the day, the driver may stop recording information for 10 the day when the driver stops working and starts the major rest 11 break. 12 296 Recording information under the national 13 regulations--general 14 (1) The driver must record the required information in the driver's 15 work diary in the manner and at the time prescribed by the 16 national regulations. 17 Maximum penalty--$1500. 18 (2) Subsection (1) does not apply to information to which section 19 297 applies. 20 297 Information required to be recorded immediately after 21 starting work 22 (1) This section applies to required information that the national 23 regulations specify for the purposes of this section as required 24 to be recorded immediately after the driver starts work on a 25 day. 26 (2) The driver must record the required information to which this 27 section applies immediately after starting work on a day. 28 Maximum penalty--$3000. 29 (3) In a proceeding for an offence against subsection (2) in 30 relation to the failure of the driver to record information 31 immediately after starting to undertake 100+km work under 32 Page 328

Heavy Vehicle National Law Amendment Bill 2012 [s 12] standard hours on a day, it is a defence for the driver to prove 1 that at the time of the offence-- 2 (a) the driver was unaware that the driver would be 3 undertaking 100+kmwork under standard hours on the 4 day; and 5 (b) the driver recorded the information in the driver's work 6 diary as soon as practicable after becoming aware that 7 the driver would be undertaking 100+km work under 8 standard hours on the day. 9 298 Failing to record information about odometer reading 10 (1) The driver of a fatigue-regulated heavy vehicle must record 11 the odometer reading in the manner prescribed by the national 12 regulations if and when required to do so by the national 13 regulations. 14 Maximum penalty--$1500. 15 (2) In a proceeding for the offence against subsection (1), it is a 16 defence for the driver to prove that-- 17 (a) at the time of the offence, the odometer was 18 malfunctioning; and 19 (b) the driver has complied with section 397. 20 299 Two-up driver to provide details 21 If the driver is a party to a two-up driving arrangement, the 22 driver must, at the request of the other driver (the other driver) 23 who is a party to the arrangement, provide the other driver 24 with the details relating to the arrangement that are prescribed 25 by the national regulations for the purposes of this section. 26 Maximum penalty--$3000. 27 Page 329

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Subdivision 3 How information must be recorded 1 in work diary 2 300 Purpose of Sdiv 3 3 This Subdivision states how the driver of a fatigue-regulated 4 heavy vehicle who is required to record information in the 5 driver's work diary under Subdivision 2 must record the 6 information. 7 301 Recording information in written work diary 8 If the driver's work diary is a written work diary, the driver 9 must record information in the work diary in the following 10 way-- 11 (a) the information for each day must be written on a 12 separate daily sheet in the work diary that has not been 13 cancelled by the Regulator; 14 (b) if, on a day, the driver changes the work and rest hours 15 option under which the driver is working, the 16 information for the part of the day after the change must 17 be written on a separate daily sheet in the work diary 18 that has not been cancelled by the Regulator; 19 (c) information must be written on a daily sheet in the way 20 stated in the instructions in the work diary for recording 21 information on daily sheets; 22 (d) the daily sheets in the work diary must be used in turn 23 from the front of the work diary; 24 (e) each daily sheet must be-- 25 (i) signed and dated by the driver; and 26 (ii) if the driver is driving under a two-up driving 27 arrangement--signed by the other driver who is a 28 party to the arrangement; 29 (f) information must be written on a daily sheet with 30 enough pressure to ensure a readable record of the 31 information appears on the duplicate daily sheets; 32 Page 330

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (g) information recorded other than on a daily sheet must be 1 written in the work diary in the way stated in the 2 instructions in the work diary for the recording of the 3 information. 4 Maximum penalty--$1500. 5 302 Recording information in electronic work diary 6 If the driver's work diary is an electronic work diary, the 7 driver must record information in the work diary in a way 8 complying with-- 9 (a) if the Regulator has, when approving the electronic 10 recording system constituting the work diary, or of 11 which the work diary is a part, imposed any conditions 12 in relation to the way information must be recorded in 13 the work diary--those conditions; and 14 (b) the manufacturer's instructions for recording 15 information in the electronic work diary, to the extent 16 the instructions are consistent with the conditions 17 mentioned in paragraph (a). 18 Maximum penalty--$1500. 19 Note-- 20 The Regulator may impose conditions on the use of an electronic 21 recording system under section 343. 22 303 Time zone of driver's base must be used 23 The driver must record time in the driver's work diary 24 according to the time zone in the place where the driver's base 25 is, rather than the time zone in the place where the driver is. 26 Maximum penalty--$1500. 27 Note-- 28 See also section 248, which requires that time periods be counted by 29 reference to the time zone of a driver's base when the driver's journey 30 involves travelling into a different time zone. 31 Page 331

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Subdivision 4 Requirements about work diaries 1 that are filled up etc. 2 304 Application of Sdiv 4 3 This Subdivision applies to the driver of a fatigue-regulated 4 heavy vehicle who is required to record information in the 5 driver's work diary under Subdivision 2 if-- 6 (a) for a driver who uses a written work diary--the driver's 7 work diary has been filled up, destroyed, lost or stolen; 8 or 9 (b) for a driver who uses an electronic work diary--the 10 driver's work diary-- 11 (i) has been filled up, destroyed, lost or stolen; or 12 (ii) is not in working order because a part of the diary 13 has been destroyed, lost or stolen; or 14 (iii) is malfunctioning or has malfunctioned. 15 305 Driver must make supplementary records in particular 16 circumstances 17 (1) During any period in which the driver of a fatigue-regulated 18 heavy vehicle is unable to use the driver's work diary (the 19 existing work diary) because of circumstances mentioned in 20 section 304(a) or (b), the driver must record in a 21 supplementary record the information the driver is required 22 under Subdivision 2 to record for the period (the required 23 information). 24 Maximum penalty--$6000. 25 Note-- 26 Under Subdivision 1, the driver of a fatigue-regulated heavy vehicle 27 must keep a supplementary record for 28 days after it is made as part of 28 the driver's work diary. See sections 292(2) and 293. 29 Also, under section 341, the driver's record keeper must keep the 30 supplementary record for at least 3 years after it is made (if the record 31 keeper is the driver) or received by the record keeper (if the record 32 keeper is not the driver). However, the period can be less than 3 years if 33 Page 332

Heavy Vehicle National Law Amendment Bill 2012 [s 12] a condition of an exemption states a record must be kept for a period of 1 less than 3 years. 2 (2) For a supplementary record that is not in electronic form, the 3 required information must be recorded in the record as 4 follows-- 5 (a) the information for each day must be written on a 6 separate page of the record; 7 (b) if, on a day, the driver changes the work and rest hours 8 option under which the driver is working, the 9 information for the part of the day after the change must 10 be written on a separate page of the record; 11 (c) each page of the record must be-- 12 (i) signed and dated by the driver; and 13 (ii) if the driver is driving under a two-up driving 14 arrangement--signed by the other driver who is a 15 party to the arrangement. 16 Maximum penalty--$3000. 17 (3) The driver must record time in the supplementary record 18 according to the time zone in the place where the driver's base 19 is, rather than the time zone in the place where the driver is. 20 Maximum penalty--$1500. 21 (4) Subsections (1) to (3) cease to apply-- 22 (a) if the existing work diary is a written work diary, when 23 the first of the following happens-- 24 (i) the driver is issued a new written work diary, or 25 obtains an electronic work diary that is in working 26 order; 27 (ii) the expiry of 7 business days after the day on 28 which the driver starts recording information under 29 this section; or 30 (b) if the existing work diary is an electronic work diary, 31 when the first of the following happens-- 32 (i) the driver obtains a new electronic work diary that 33 is in working order, or a written work diary; 34 Page 333

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (ii) the existing work diary is-- 1 (A) if the diary is filled up--made capable of 2 recording new information; or 3 (B) if the diary is not in working order as 4 mentioned in section 304(b)(ii) or is 5 malfunctioning--brought into working 6 order; 7 (iii) the expiry of 7 business days after-- 8 (A) the day on which the driver starts recording 9 information under this section; or 10 (B) if the driver is directed to use a written work 11 diary under section 313 and the driver did 12 not have a written work diary when the 13 direction was given--the day the direction is 14 given to the driver under that section. 15 Note-- 16 If one of the circumstances in subsection (4) applies, a driver may no 17 longer use a supplementary record to record the information required to 18 be recorded under Subdivision 2, and if the driver does not begin to keep 19 a work diary in accordance with section 293 then the driver commits an 20 offence against that section. 21 (5) In this section-- 22 supplementary record means a record that-- 23 (a) is not made in a written or electronic work diary; but 24 (b) is in a similar form to a written or electronic work diary. 25 306 Driver must notify Regulator if written work diary filled up 26 etc. 27 Within 2 business days after the driver of a fatigue-regulated 28 heavy vehicle becomes aware that the driver's written work 29 diary has been filled up, destroyed, lost or stolen, the driver 30 must notify the Regulator in the approved form of that 31 happening. 32 Maximum penalty--$3000. 33 Page 334

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 307 Driver must notify Regulator if electronic work diary filled 1 up etc. 2 (1) This section applies if the driver of a fatigue-regulated heavy 3 vehicle-- 4 (a) becomes aware that the driver's electronic work diary 5 has been filled up, destroyed, lost or stolen or is not in 6 working order as mentioned in section 304(b)(ii); or 7 (b) becomes aware or has reason to suspect that the driver's 8 electronic work diary is malfunctioning or has 9 malfunctioned. 10 (2) The driver must notify the Regulator in the approved form of 11 the matter within 2 business days. 12 Maximum penalty--$3000. 13 308 What driver must do if lost or stolen written work diary 14 found or returned 15 (1) If a lost or stolen written work diary (the old work diary) is 16 found by or returned to the driver of a fatigue-regulated heavy 17 vehicle after a replacement work diary has been issued to the 18 driver, the driver must do the following-- 19 (a) immediately cancel any unused daily sheets in the old 20 work diary; 21 (b) if the old work diary is found or returned within 28 days 22 after it was lost or stolen-- 23 (i) immediately notify the Regulator in the approved 24 form that it has been found or returned; and 25 (ii) give it to the Regulator within 2 business days after 26 the 28-day period ends; 27 (c) if the old work diary is found or returned later than 28 28 days after it was lost or stolen--give it to the Regulator 29 as soon as practicable after it is found or returned. 30 Maximum penalty--$3000. 31 Page 335

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (2) If a driver of a fatigue-regulated heavy vehicle gives a 1 previously lost or stolen written work diary to the Regulator 2 under subsection (1), the Regulator must-- 3 (a) if the driver has not complied with subsection (1)(a), 4 cancel any unused daily sheets in the work diary; and 5 (b) return the work diary to the driver. 6 309 Driver must notify record keeper if electronic work diary 7 filled up etc. 8 (1) This section applies if-- 9 (a) the driver of a fatigue-regulated heavy vehicle-- 10 (i) becomes aware that the driver's electronic work 11 diary has been filled up, destroyed, lost or stolen or 12 is not in working order as mentioned in section 13 304(b)(ii); or 14 (ii) becomes aware or has reason to suspect that the 15 driver's electronic work diary is malfunctioning or 16 has malfunctioned; and 17 (b) the driver's record keeper is a person other than the 18 driver. 19 (2) The driver must, within 2 business days after the driver 20 becomes aware of the matter, inform the driver's record 21 keeper of the matter. 22 Maximum penalty--$6000. 23 310 Intelligent access reporting entity must notify record 24 keeper if approved electronic recording system 25 malfunctioning 26 (1) This section applies if-- 27 (a) an approved electronic recording system-- 28 (i) constitutes an electronic work diary or has a part 29 that constitutes an electronic work diary; and 30 (ii) is or is part of an approved intelligent transport 31 system; and 32 Page 336

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (b) an intelligent access reporting entity for the approved 1 intelligent transport system becomes aware or has 2 reason to suspect that the approved electronic recording 3 system is malfunctioning or has malfunctioned. 4 (2) The intelligent access reporting entity must inform the driver's 5 record keeper of the matter within 2 business days. 6 Maximum penalty--$6000. 7 311 What record keeper must do if electronic work diary filled 8 up 9 (1) This section applies if-- 10 (a) the record keeper for the driver of a fatigue-regulated 11 heavy vehicle is a person other than the driver; and 12 (b) the driver uses an electronic work diary supplied to the 13 driver by the record keeper; and 14 (c) the record keeper is informed, under section 309, that 15 the electronic work diary has been filled up. 16 (2) The record keeper must, as soon as reasonably practicable 17 after being informed of the matter-- 18 (a) either-- 19 (i) make the electronic work diary capable of 20 recording new information; or 21 (ii) give the driver a new electronic work diary that is 22 in working order; and 23 (b) if the record keeper removes any information relating to 24 any period during the last 28 days from the work diary 25 to make it capable of recording new information--give 26 the driver a printout of the removed information. 27 Maximum penalty--$6000. 28 (3) If the record keeper has engaged another person under a 29 contract for services to comply with subsection (2) for the 30 record keeper-- 31 (a) the record keeper remains liable for an offence against 32 subsection (2); and 33 Page 337

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (b) the other person is also liable for an offence against 1 subsection (2) as if the other person were the record 2 keeper mentioned in the subsection. 3 (4) A person charged with an offence against subsection (2) does 4 not have the benefit of the mistake of fact defence for the 5 offence. 6 (5) However, in a proceeding for an offence against subsection 7 (2), the person charged has the benefit of the reasonable steps 8 defence for the offence. 9 Note-- 10 See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 11 312 What record keeper must do if electronic work diary 12 destroyed, lost or stolen 13 (1) This section applies if-- 14 (a) the record keeper for the driver of a fatigue-regulated 15 heavy vehicle is a person other than the driver; and 16 (b) the driver uses an electronic work diary supplied to the 17 driver by the record keeper; and 18 (c) the record keeper is informed, under section 309, that 19 the electronic work diary has been destroyed, lost or 20 stolen. 21 (2) The record keeper must, as soon as reasonably practicable 22 after being informed of the matter-- 23 (a) give the driver a new electronic work diary that is in 24 working order; and 25 (b) give the driver a printout of any information that was in 26 the destroyed, lost or stolen electronic work diary that-- 27 (i) has been given to the record keeper; and 28 (ii) relates to any period during the last 28 days; and 29 (iii) is not stored in the new electronic work diary. 30 Maximum penalty--$6000. 31 Page 338

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (3) If the record keeper has engaged another person under a 1 contract for services to comply with subsection (2) for the 2 record keeper-- 3 (a) the record keeper remains liable for an offence against 4 subsection (2); and 5 (b) the other person is also liable for an offence against 6 subsection (2) as if the other person were the record 7 keeper mentioned in the subsection. 8 (4) A person charged with an offence against subsection (2) does 9 not have the benefit of the mistake of fact defence for the 10 offence. 11 (5) However, in a proceeding for an offence against subsection 12 (2), the person charged has the benefit of the reasonable steps 13 defence for the offence. 14 Note-- 15 See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 16 313 What record keeper must do if electronic work diary not 17 in working order or malfunctioning 18 (1) This section applies if-- 19 (a) the record keeper for the driver of a fatigue-regulated 20 heavy vehicle is a person other than the driver; and 21 (b) the driver uses an electronic work diary supplied to the 22 driver by the record keeper; and 23 (c) the record keeper-- 24 (i) is informed, under section 309, that the electronic 25 work diary is not in working order as mentioned in 26 section 304(b)(ii); or 27 (ii) is informed, under section 309 or 310, of 28 malfunctioning or suspected malfunctioning of the 29 electronic work diary. 30 (2) The record keeper must, as soon as reasonably practicable 31 after being informed of the matter-- 32 (a) do one of the following-- 33 Page 339

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (i) ensure the electronic work diary is examined and 1 brought into working order; 2 (ii) give the driver a new electronic work diary; 3 (iii) direct the driver, in writing, to use a written work 4 diary for recording information the driver is 5 required to record in the driver's work diary under 6 this Part; and 7 (b) give the driver a printout of any information that was in 8 the electronic work diary that-- 9 (i) has been given to the record keeper; and 10 (ii) relates to any period during the last 28 days; and 11 (iii) is not stored in the work diary that has been 12 brought into working order under paragraph (a)(i), 13 or a new electronic work diary given to the driver 14 under paragraph (a)(ii). 15 Maximum penalty--$6000. 16 (3) If the record keeper has engaged another person under a 17 contract for services to comply with subsection (2) for the 18 record keeper-- 19 (a) the record keeper remains liable for an offence against 20 subsection (2); and 21 (b) the other person is also liable for an offence against 22 subsection (2) as if the other person were the record 23 keeper mentioned in the subsection. 24 (4) Subsection (3) does not apply if the other person is engaged 25 under a contract for services only to repair or otherwise bring 26 the electronic work diary into working order. 27 Example for the purposes of subsection (4)-- 28 A person in the business of repairing electronic recording systems is 29 engaged under a contract for services to repair or otherwise bring the 30 electronic work diary into working order on behalf of the record keeper. 31 (5) A person charged with an offence against subsection (2) does 32 not have the benefit of the mistake of fact defence for the 33 offence. 34 Page 340

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (6) However, in a proceeding for an offence against subsection 1 (2), the person charged has the benefit of the reasonable steps 2 defence for the offence. 3 Note-- 4 See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 5 Subdivision 5 Use of electronic work diaries 6 314 How electronic work diary must be used 7 (1) This section applies if the driver of a fatigue-regulated heavy 8 vehicle who is required to record information in the driver's 9 work diary under Subdivision 2 uses an electronic work diary. 10 (2) The driver must use the electronic work diary in a way 11 complying with-- 12 (a) any conditions applying under this Law or a 13 corresponding fatigue law in relation to the use of the 14 approved electronic recording system constituting the 15 work diary or of which the work diary is a part; and 16 (b) the manufacturer's specifications for the electronic 17 recording system that is or includes the work diary, to 18 the extent the specifications are consistent with the 19 conditions mentioned in paragraph (a). 20 Maximum penalty--$3000. 21 Note-- 22 The Regulator may impose conditions on the use of an electronic 23 recording system under section 343. 24 (3) The record keeper of a driver of a fatigue-regulated heavy 25 vehicle who uses an electronic work diary must ensure the 26 driver complies with the requirements of subsection (2). 27 Maximum penalty--$6000. 28 (4) In a proceeding for an offence against subsection (2) or (3) 29 involving a person failing to comply with a particular 30 specification of the manufacturer of an electronic recording 31 system, it is a defence for the person to prove that-- 32 Page 341

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) the specification was not integral to the effective 1 operation of the electronic recording system; or 2 (b) what was done or not done in relation to the 3 specification was in accordance with industry practice in 4 relation to the handling or maintenance of an electronic 5 recording system of that type from that manufacturer. 6 Subdivision 6 Extended liability 7 315 Liability of employer etc. for driver's contravention of 8 particular requirements of this Division 9 (1) This section applies to an offence committed because the 10 driver of a fatigue-regulated heavy vehicle contravenes a 11 provision of Subdivision 1, 2, 3 or 4 (a relevant offence). 12 (2) If a relevant offence is committed involving the driver of a 13 fatigue-regulated heavy vehicle, each of the following persons 14 is taken to have committed an offence against this 15 subsection-- 16 (a) an employer of the driver if the driver is an employed 17 driver; 18 (b) a prime contractor of the driver if the driver is a 19 self-employed driver; 20 (c) an operator of the vehicle if the driver is making a 21 journey for the operator; 22 (d) a scheduler for the vehicle. 23 Maximum penalty--$6000. 24 (3) A person charged with an offence against subsection (2) does 25 not have the benefit of the mistake of fact defence for the 26 offence. 27 (4) However, in a proceeding for an offence against subsection 28 (2), the person charged has the benefit of the reasonable steps 29 defence for the offence. 30 Note-- 31 See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 32 Page 342

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (5) In a proceeding for an offence against subsection (2)-- 1 (a) it is irrelevant whether or not the driver has been or will 2 be proceeded against, or convicted of, the relevant 3 offence; and 4 (b) evidence a court has convicted the driver of the relevant 5 offence is evidence that the offence happened at the time 6 and place, and in the circumstances, stated in the charge 7 resulting in the conviction; and 8 (c) evidence of details stated in an infringement notice 9 issued for the relevant offence is evidence that the 10 offence happened at the time and place, and in the 11 circumstances, stated in the infringement notice. 12 Division 3 Records relating to drivers 13 Subdivision 1 Preliminary 14 316 Application of Div 3 15 This Division-- 16 (a) applies in relation to each record keeper for the driver of 17 a fatigue-regulated heavy vehicle; and 18 (b) if there is more than 1 record keeper for the driver of a 19 fatigue-regulated heavy vehicle--applies only to the 20 extent the driver is carrying out work in relation to 21 which the record keeper is a record keeper for the driver. 22 Example for the purposes of paragraph (b)-- 23 The driver of a fatigue-regulated heavy vehicle is an employed 24 driver employed by employer A and employer B, each of whom 25 is a record keeper of the driver. A's obligations to record 26 information under this Division apply only to the extent the 27 information is about the work the driver carries out for A. 28 For example, under section 319, A need only record the 29 registration numbers of the fatigue-regulated heavy vehicles the 30 driver drives for carrying out work for A and the work times and 31 rest times of the driver while carrying out that work. A does not 32 Page 343

Heavy Vehicle National Law Amendment Bill 2012 [s 12] need to record the registration numbers for the fatigue-regulated 1 heavy vehicles the driver drives for carrying out work for B or 2 the work times and rest times of the driver while carrying out 3 that work. 4 317 Who is a driver's record keeper 5 The following person is the record keeper for the driver of a 6 fatigue-regulated heavy vehicle-- 7 (a) if the driver is operating under a BFM accreditation or 8 AFM accreditation of an operator of the vehicle or a 9 work and rest hours exemption (permit) granted in 10 combination with an operator's BFM accreditation or 11 AFM accreditation--the operator; 12 (b) otherwise-- 13 (i) for an employed driver of a fatigue-regulated 14 heavy vehicle--the driver's employer; or 15 (ii) for a self-employed driver of a fatigue-regulated 16 heavy vehicle--the driver. 17 Subdivision 2 Record keeping obligations relating 18 to drivers undertaking 100km work 19 under standard hours 20 318 Application of Sdiv 2 21 This Subdivision applies in relation to the driver of a 22 fatigue-regulated heavy vehicle who is undertaking only 23 100km work under standard hours. 24 319 Records record keeper must have 25 (1) The driver's record keeper must-- 26 (a) record the following information within the prescribed 27 period-- 28 (i) the driver's name and contact details; 29 Page 344

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (ii) the driver's current driver licence number and the 1 jurisdiction in which the licence was issued; 2 (iii) the dates on which the driver drives a 3 fatigue-regulated heavy vehicle on a road; 4 (iv) the registration number for each fatigue-regulated 5 heavy vehicle the driver drives, being-- 6 (A) in the case of a vehicle that is not in a 7 combination--that vehicle; or 8 (B) in the case of a vehicle that is in a 9 combination--the towing vehicle in the 10 combination; 11 (v) the total of the driver's work times and rest times 12 on each day on which the driver drives a 13 fatigue-regulated heavy vehicle; 14 (vi) the total of the driver's work times and rest times 15 for each week during which the driver drives a 16 fatigue-regulated heavy vehicle; 17 (vii) the driver's rosters and trip schedules, including 18 details of driver changeovers; and 19 (b) keep a copy of payment records relating to the driver, 20 including time sheet records if the driver is paid 21 according to time at work. 22 Maximum penalty--$6000. 23 (2) If the record keeper has engaged another person under a 24 contract for services to comply with subsection (1) for the 25 record keeper-- 26 (a) the record keeper remains liable for an offence against 27 subsection (1); and 28 (b) the other person is also liable for an offence against 29 subsection (1) as if the other person were the record 30 keeper mentioned in the subsection. 31 (3) A person charged with an offence against subsection (1) does 32 not have the benefit of the mistake of fact defence for the 33 offence. 34 Page 345

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (4) However, in a proceeding for an offence against subsection 1 (1), the person charged has the benefit of the reasonable steps 2 defence for the offence. 3 Note-- 4 See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 5 (5) In this section-- 6 prescribed period, for recording information mentioned in 7 subsection (1) relating to the driver of a fatigue-regulated 8 heavy vehicle, means-- 9 (a) if the driver's record keeper is the driver--within 24 10 hours after the driver stops working on a day for which 11 the information is relevant; or 12 (b) if the driver's record keeper is a person other than the 13 driver--as soon as possible after the person receives the 14 information. 15 Subdivision 3 Record keeping obligations relating 16 to drivers undertaking 100+km work 17 under standard hours or operating 18 under BFM hours, AFM hours or 19 exemption hours 20 320 Application of Sdiv 3 21 This Subdivision applies in relation to the driver of a 22 fatigue-regulated heavy vehicle who is-- 23 (a) undertaking 100+km work under standard hours; or 24 (b) operating under BFM hours, AFM hours or exemption 25 hours. 26 321 Records record keeper must have 27 (1) The driver's record keeper must-- 28 (a) record the following information within the prescribed 29 period-- 30 Page 346

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (i) the driver's name and contact details; 1 (ii) the driver's current driver licence number and the 2 jurisdiction in which the licence was issued; 3 (iii) the driver's rosters and trip schedules, including 4 details of driver changeovers; and 5 (b) keep a copy of all duplicate pages and other copies of 6 work diary entries, including any entry made in a 7 supplementary record-- 8 (i) given to the record keeper under section 322; or 9 (ii) as required to be made by the record keeper as a 10 self-employed driver under Division 2; and 11 (c) keep a copy of payment records relating to the driver, 12 including time sheet records if the driver is paid 13 according to time at work. 14 Maximum penalty--$6000. 15 (2) If the driver is operating under BFM hours or AFM hours, the 16 record keeper must also record the following information-- 17 (a) the information required to be kept by the record keeper 18 as a condition of the BFM accreditation or AFM 19 accreditation under which the driver is operating; 20 (b) the information required to be kept by the record keeper 21 under the BFM standards and business rules or AFM 22 standards and business rules. 23 Maximum penalty--$6000. 24 Note-- 25 See also section 470 for other record-keeping requirements applying to 26 a record keeper who is an operator operating under a BFM accreditation 27 or AFM accreditation. 28 (3) If the record keeper has engaged another person under a 29 contract for services to comply with subsection (1) or (2) for 30 the record keeper-- 31 (a) the record keeper remains liable for an offence against 32 the subsection; and 33 Page 347

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (b) the other person is also liable for an offence against the 1 subsection as if the other person were the record keeper 2 mentioned in the subsection. 3 (4) A person charged with an offence against subsection (1) or (2) 4 does not have the benefit of the mistake of fact defence for the 5 offence. 6 (5) However, in a proceeding for an offence against subsection (1) 7 or (2), the person charged has the benefit of the reasonable 8 steps defence for the offence. 9 Note-- 10 See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 11 (6) This section does not apply to the record keeper for the driver 12 of a fatigue-regulated heavy vehicle who-- 13 (a) is exempt from the requirements of Division 2 under 14 section 356; or 15 (b) is operating under a work diary exemption (notice). 16 Note-- 17 A record keeper for the driver of a fatigue-regulated heavy vehicle who 18 is not exempt from the requirements of Division 2 under section 356 and 19 who is operating under a work diary exemption (permit) is not exempt 20 from this section and therefore is subject to its requirements. 21 (7) In this section-- 22 AFM standards and business rules has the meaning given by 23 section 457. 24 BFM standards and business rules has the meaning given by 25 section 457. 26 prescribed period, for recording information mentioned in 27 subsection (1) relating to the driver of a fatigue-regulated 28 heavy vehicle, means-- 29 (a) if the driver's record keeper is the driver--within 24 30 hours after the driver stops working on a day for which 31 the information is relevant; or 32 (b) if the driver's record keeper is a person other than the 33 driver--as soon as possible after the person receives the 34 information. 35 Page 348

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 322 General requirements about driver giving information to 1 record keeper 2 (1) This section applies if-- 3 (a) the driver of a fatigue-regulated heavy vehicle is 4 required to record information in the driver's work diary 5 under Division 2; and 6 (b) the driver's record keeper is a person other than the 7 driver. 8 (2) The driver must, within 21 days after the day on which the 9 driver drove the vehicle, give a copy of the work diary entry 10 recording the information, including any entry made in a 11 supplementary record recording the information for that day, 12 to each person who was a record keeper for the driver on that 13 day. 14 Maximum penalty--$3000. 15 (3) For the purposes of subsection (2), if the work diary entry is 16 made in an electronic work diary, the driver may give a copy 17 of the entry to the record keeper by electronically transmitting 18 it to the record keeper. 19 (4) The record keeper must ensure the driver complies with 20 subsection (2). 21 Maximum penalty--$3000. 22 (5) If the record keeper has engaged another person under a 23 contract for services to comply with subsection (4) for the 24 record keeper-- 25 (a) the record keeper remains liable for an offence against 26 subsection (4); and 27 (b) the other person is also liable for an offence against 28 subsection (4) as if the other person were the record 29 keeper mentioned in the subsection. 30 (6) A person charged with an offence against subsection (2) or (4) 31 does not have the benefit of the mistake of fact defence for the 32 offence. 33 Page 349

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (7) However, in a proceeding for an offence against subsection (2) 1 or (4), the person charged has the benefit of the reasonable 2 steps defence for the offence. 3 Note-- 4 See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 5 323 Requirements about driver giving information to record 6 keeper if driver changes record keeper 7 (1) This section applies if-- 8 (a) the driver of a fatigue-regulated heavy vehicle is, or was 9 in the previous 28 days, required to record information 10 in the driver's work diary under Division 2; and 11 (b) the driver changes record keepers; and 12 (c) the new record keeper is a person other than the driver. 13 (2) The driver must, before driving a fatigue-regulated heavy 14 vehicle for the driver's new record keeper, give the new record 15 keeper a copy of information the driver recorded in a work 16 diary in the 28 days before the change happened that relates to 17 that 28-day period. 18 Maximum penalty--$3000. 19 (3) The new record keeper must ensure the driver complies with 20 subsection (2). 21 Maximum penalty--$3000. 22 (4) If the new record keeper has engaged another person under a 23 contract for services to comply with subsection (3) for the 24 new record keeper-- 25 (a) the new record keeper remains liable for an offence 26 against subsection (3); and 27 (b) the other person is also liable for an offence against 28 subsection (3) as if the other person were the new record 29 keeper mentioned in the subsection. 30 (5) A person charged with an offence against subsection (2) or (3) 31 does not have the benefit of the mistake of fact defence for the 32 offence. 33 Page 350

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (6) However, in a proceeding for an offence against subsection (2) 1 or (3), the person charged has the benefit of the reasonable 2 steps defence for the offence. 3 Note-- 4 See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 5 324 Record keeper must give printouts of information from 6 electronic work diary 7 (1) This section applies if-- 8 (a) the driver of a fatigue-regulated heavy vehicle is 9 required to record information in the driver's work diary 10 under Division 2; and 11 (b) the driver's record keeper is a person other than the 12 driver; and 13 (c) the driver is using an electronic work diary supplied to 14 the driver by the driver's record keeper. 15 (2) If the driver stops using the electronic work diary, the driver's 16 record keeper must immediately give the driver a printout of 17 the information recorded in the work diary for each day on 18 which the driver was using the electronic work diary. 19 Maximum penalty--$3000. 20 (3) If the record keeper has engaged another person under a 21 contract for services to comply with subsection (2) for the 22 record keeper-- 23 (a) the record keeper remains liable for an offence against 24 subsection (2); and 25 (b) the other person is also liable for an offence against 26 subsection (2) as if the other person were the record 27 keeper mentioned in the subsection. 28 (4) A person charged with an offence against subsection (2) does 29 not have the benefit of the mistake of fact defence for the 30 offence. 31 Page 351

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (5) However, in a proceeding for an offence against subsection 1 (2), the person charged has the benefit of the reasonable steps 2 defence for the offence. 3 Note-- 4 See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 5 Division 4 Provisions about false 6 representations relating to work 7 records 8 325 False or misleading entries 9 (1) A person must not record something in a work record that the 10 person knows, or ought reasonably to know, is false or 11 misleading in a material particular. 12 Maximum penalty--$10000. 13 Note-- 14 See section 632 for the matters a court may consider when deciding 15 whether a person ought reasonably to have known something. 16 (2) In a proceeding for an offence against subsection (1), it is 17 enough for a charge to state that the entry was `false or 18 misleading', without specifying whether it was false or 19 whether it was misleading. 20 326 Keeping 2 work diaries simultaneously prohibited 21 (1) The driver of a fatigue-regulated heavy vehicle must not have 22 in the driver's possession more than 1 written work diary in 23 which information can be recorded on a daily sheet. 24 Maximum penalty--$10000. 25 (2) The driver of a fatigue-regulated heavy vehicle must not 26 record information for the same period in-- 27 (a) a written work diary and an electronic work diary; or 28 (b) more than 1 electronic work diary. 29 Page 352

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Example-- 1 The driver of a fatigue-regulated heavy vehicle works for A and B. The 2 driver keeps a written work diary for work done for A and an electronic 3 work diary for work done for B. On a particular day, the driver works 4 from 1p.m. to 5p.m. for A and from 6p.m. to 11p.m. for B. 5 The driver must record the information about the period between 1p.m. 6 and 5p.m. in the written work diary kept for A, and the information for 7 the period between 6p.m. and 11p.m. in the electronic work diary kept 8 for B. 9 The driver must not record information about the period between 1p.m. 10 and 5p.m., or the period between 6p.m. to 11p.m., in both the written 11 work diary and electronic work diary. 12 Maximum penalty--$10000. 13 327 Possession of purported work records etc. prohibited 14 The driver of a fatigue-regulated heavy vehicle or the record 15 keeper for a driver of a fatigue-regulated heavy vehicle must 16 not have in the driver's or record keeper's possession a thing 17 purporting to be a work record if the driver or record keeper 18 knows, or ought reasonably to know, that it is not a work 19 record. 20 Maximum penalty--$10000. 21 Note-- 22 See section 632 for the matters a court may consider when deciding 23 whether a person ought reasonably to have known something. 24 328 False representation about work records prohibited 25 A person must not falsely represent that a work record was 26 made by the person. 27 Maximum penalty--$10000. 28 Page 353

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Division 5 Interfering with work records 1 Subdivision 1 Work records generally 2 329 Defacing or changing work records etc. prohibited 3 A person must not deface or change a work record that the 4 person knows, or ought reasonably to know, is correct. 5 Maximum penalty--$10000. 6 Note-- 7 1 Giving a false or misleading document to an official is prohibited 8 by section 702. 9 2 See section 341 for the requirement that the record keeper for the 10 driver of a fatigue-regulated heavy vehicle keep particular records 11 in a way that ensures they are readable and reasonably capable of 12 being understood and capable of being used as evidence. 13 3 See section 632 for the matters a court may consider when deciding 14 whether a person ought reasonably to have known something. 15 330 Making entries in someone else's work records 16 prohibited 17 (1) A person must not make an entry in someone else's work 18 record. 19 Maximum penalty--$10000. 20 (2) Subsection (1) does not apply to-- 21 (a) a person who-- 22 (i) makes an entry in another person's work diary 23 under a work diary exemption (permit) applying to 24 the other person; and 25 (ii) is nominated by the other person to make the entry; 26 or 27 (b) an authorised officer; or 28 (c) a party to a two-up driving arrangement-- 29 Page 354

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (i) signing the written work diary of the other party to 1 the arrangement; or 2 (ii) making an entry in the other party's electronic 3 work diary indicating the party's approval of the 4 information recorded in the work diary. 5 331 Destruction of particular work records prohibited 6 If a work record is required under (or by a condition under) 7 this Part to be kept for a particular period by a person, the 8 person or someone else must not destroy the record before the 9 end of the period. 10 Maximum penalty--$10000. 11 Note-- 12 See section 341 for the period for which record keepers for drivers of 13 fatigue-regulated heavy vehicles are required to keep particular work 14 records. 15 332 Offence to remove pages from written work diary 16 A person must not remove a daily sheet, or the duplicates of a 17 daily sheet, from a written work diary except as required or 18 authorised by this Law or a corresponding fatigue law. 19 Maximum penalty--$10000. 20 Subdivision 2 Approved electronic recording 21 systems 22 333 Application of Sdiv 2 23 This Subdivision applies to an approved electronic recording 24 system constituting an electronic work diary or of which an 25 electronic work diary is a part. 26 Page 355

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 334 Meaning of tamper 1 Tamper with an approved electronic recording system 2 means-- 3 (a) engage in conduct that-- 4 (i) results in the system, or a part of the system, 5 malfunctioning; or 6 (ii) could result in the system, or a part of the system, 7 malfunctioning; or 8 (iii) alters any of the data recorded by the system or a 9 part of the system; or 10 (iv) could alter any of the data recorded by the system 11 or a part of the system; or 12 (v) results in inaccurate information being recorded by 13 the system or a part of the system; or 14 (vi) could result in inaccurate information being 15 recorded by the system or a part of the system; or 16 (b) engage in conduct that alters or otherwise interferes with 17 an electronic signal sent to or from the system, or a part 18 of the system, if the alteration or interference has or 19 could have an effect mentioned in paragraph (a)(i), (iii) 20 or (v). 21 335 Person must not tamper with approved electronic 22 recording system 23 (1) A person must not tamper with an approved electronic 24 recording system. 25 Maximum penalty--$10000. 26 (2) Subsection (1) does not apply to-- 27 (a) conduct associated with repairing an approved 28 electronic recording system, or a part of an approved 29 electronic recording system, that is malfunctioning or 30 has malfunctioned; or 31 (b) conduct associated with maintaining an approved 32 electronic recording system; or 33 Page 356

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (c) an authorised officer when exercising functions under 1 this Law. 2 (3) A person charged with an offence against subsection (1) does 3 not have the benefit of the mistake of fact defence for the 4 offence. 5 (4) However, in a proceeding for an offence against subsection 6 (1), the person charged has the benefit of the reasonable steps 7 defence for the offence. 8 Note-- 9 See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 10 (5) Also, in a proceeding for an offence against subsection (1) 11 involving a person engaging in conduct that alters or 12 otherwise interferes with any electronic signal sent to or from 13 an approved electronic recording system, or a part of an 14 approved electronic recording system, it is a defence for the 15 person to prove that the person was not aware, and could not 16 reasonably be expected to have been aware, that the conduct 17 would alter or otherwise interfere with the electronic signal. 18 336 Person using approved electronic recording system must 19 not permit tampering with it 20 (1) A person who uses an approved electronic recording system 21 must not permit another person to tamper with the system. 22 Maximum penalty--$10000. 23 Examples of a person who uses an approved electronic recording system-- 24 � a driver of a heavy vehicle 25 � a driver's record keeper 26 (2) A person charged with an offence against subsection (1) does 27 not have the benefit of the mistake of fact defence for the 28 offence. 29 (3) However, in a proceeding for an offence against subsection 30 (1), the person charged has the benefit of the reasonable steps 31 defence for the offence. 32 Note-- 33 See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 34 Page 357

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 337 Intelligent access reporting entity must not permit 1 tampering with approved electronic recording system 2 (1) This section applies if an approved electronic recording 3 system is or is part of an approved intelligent transport 4 system. 5 (2) An intelligent access reporting entity for the approved 6 intelligent transport system must not permit another person to 7 tamper with the approved electronic recording system. 8 Maximum penalty--$10000. 9 (3) A person charged with an offence against subsection (2) does 10 not have the benefit of the mistake of fact defence for the 11 offence. 12 (4) However, in a proceeding for an offence against subsection 13 (2), the person charged has the benefit of the reasonable steps 14 defence for the offence. 15 Note-- 16 See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 17 Division 6 Obtaining written work diary 18 338 Form of written work diary 19 (1) This section states the requirements for written work diaries 20 issued by the Regulator under this Division. 21 (2) A written work diary must contain-- 22 (a) a unique identifying number for the work diary; and 23 (b) sheets (daily sheets) that-- 24 (i) provide for recording information daily; and 25 (ii) are sequentially numbered; and 26 (c) 2 duplicates of each daily sheet; and 27 (d) a duplicate of any application form contained in the 28 work diary under subsection (3); and 29 (e) instructions for use of the work diary. 30 Page 358

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (3) A written work diary may contain an application in the 1 approved form for the issue of another work diary. 2 (4) Each daily sheet of a written work diary must be in a form that 3 ensures that, if information is written on the daily sheet in the 4 way stated in the instructions in the work diary or this Law, 5 the information should be automatically copied on to the 6 duplicates for the sheet. 7 339 Application for written work diary 8 (1) The driver of a fatigue-regulated heavy vehicle may apply to 9 the Regulator for a written work diary. 10 (2) The application must be-- 11 (a) in the approved form; and 12 (b) accompanied by the prescribed fee for the application. 13 (3) If the application is for a written work diary to replace a 14 written work diary previously issued to the driver (the existing 15 written work diary), the driver must give the existing written 16 work diary to the Regulator with the application, unless the 17 existing written work diary has been destroyed, lost or stolen. 18 (4) If the driver gives the existing written work diary to the 19 Regulator, the Regulator must-- 20 (a) cancel any unused daily sheets in the written work diary; 21 and 22 (b) return the written work diary to the driver when the 23 Regulator issues the replacement written work diary to 24 the driver. 25 (5) If the application is for a written work diary to replace a 26 written work diary that has been destroyed, lost or stolen, the 27 application must-- 28 (a) state the previous work diary's number and that it has 29 been destroyed, lost or stolen; and 30 (b) briefly outline the circumstances of the destruction, loss 31 or theft. 32 Page 359

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 340 Issue of written work diary 1 (1) The Regulator must issue a written work diary to the driver of 2 a fatigue-regulated heavy vehicle if the driver-- 3 (a) applies for the work diary under section 339; and 4 (b) identifies himself or herself by showing his or her 5 current driver licence to the Regulator; and 6 (c) pays the prescribed fee for the issue of the work diary. 7 (2) If the Regulator issues a written work diary to the driver of a 8 fatigue-regulated heavy vehicle, the Regulator must note the 9 date, time and place of issue on the written work diary. 10 (3) The Regulator may make other notes on the written work 11 diary the Regulator considers appropriate. 12 Division 6A Requirements about records record 13 keeper must make or keep 14 341 Period for which, and way in which, records must be kept 15 (1) The record keeper of the driver of a fatigue-regulated heavy 16 vehicle must keep a record required to be made or kept under 17 Division 3, or a copy of the record, for 3 years after-- 18 (a) for a record made by the record keeper--the day the 19 record keeper makes the record; or 20 (b) for another record--the day the record keeper receives 21 the record. 22 Maximum penalty--$6000. 23 (2) The record keeper of the driver of a fatigue-regulated heavy 24 vehicle must keep a record required to be made or kept under 25 (or by a condition under) Division 8 or 8A, or a copy of the 26 record, for a period of 3 years, or, if a condition of an 27 exemption states a record must be kept for a period of less 28 than 3 years, the period stated in the condition, after-- 29 (a) for a record made by the record keeper--the day the 30 record keeper makes the record; or 31 Page 360

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (b) for another record--the day the record keeper receives 1 the record. 2 Maximum penalty--$6000. 3 (3) Except where the driver is his or her own record keeper, the 4 record keeper must keep the record or copy at the driver's 5 record location in a way that ensures it is readily available to 6 an authorised officer at the record location. 7 Maximum penalty--$3000. 8 (4) If the driver is his or her own record keeper, the driver as 9 record keeper must ensure the record or copy of the record is 10 kept at the driver's record location in a way that ensures it is 11 readily available to an authorised officer at the record location 12 by the end of the 21-day period after the day the record is 13 made. 14 Maximum penalty--$3000. 15 (5) The record keeper must keep the record or copy in a way that 16 ensures it is-- 17 (a) readable and reasonably capable of being understood; 18 and 19 (b) capable of being used as evidence. 20 Example-- 21 To ensure a record kept in a storage facility does not become 22 unreadable, for example, by degrading, the record keeper could scan the 23 hard copy of the record and keep it in an electronic format that is 24 readable. 25 Maximum penalty--$6000. 26 (6) If the record keeper has engaged another person under a 27 contract for services to comply with subsection (1), (2), (3) or 28 (5) for the record keeper-- 29 (a) the record keeper remains liable for an offence against 30 the subsection; and 31 (b) the other person is also liable for an offence against the 32 subsection as if the other person were the record keeper 33 mentioned in the subsection. 34 Page 361

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (7) A person charged with an offence against subsection (1), (2), 1 (3) or (5) does not have the benefit of the mistake of fact 2 defence for the offence. 3 (8) However, in a proceeding for an offence against subsection 4 (1), (2), (3) or (5), the person charged has the benefit of the 5 reasonable steps defence for the offence. 6 Note-- 7 See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 8 Division 7 Approval of electronic recording 9 systems 10 Subdivision 1 Approval of electronic recording 11 systems 12 342 Application for approval of electronic recording system 13 (1) A person may apply to the Regulator for the approval of an 14 electronic recording system. 15 Examples of persons who may apply for an approval under this section-- 16 � manufacturers of electronic recording systems 17 � operators of fatigue-regulated heavy vehicles 18 � drivers of fatigue-regulated heavy vehicles 19 (2) The application must be-- 20 (a) in the approved form; and 21 (b) accompanied by the prescribed fee for the application. 22 343 Deciding application for approval 23 (1) The Regulator must, as soon as practicable after receiving an 24 application for an electronic recording system approval-- 25 (a) grant the approval, with or without conditions about the 26 use or maintenance of the electronic recording system to 27 which the approval relates; or 28 Page 362

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (b) refuse the application. 1 (2) The Regulator may approve an electronic recording system 2 only if the Regulator is satisfied the system-- 3 (a) is suitable or has a part that is suitable for fitting to, or 4 for use in, a fatigue-regulated heavy vehicle; and 5 (b) has a mechanism that readily indicates to the driver of 6 the fatigue-regulated heavy vehicle to which it or a part 7 of it is fitted, or in which it or a part of it is used, that the 8 system is or is not properly functioning; and 9 (c) is capable of-- 10 (i) accurately monitoring and recording the work 11 times and rest times of the driver of the 12 fatigue-regulated heavy vehicle to which it or a 13 part of it is fitted, or in which it or a part of it is 14 used; and 15 (ii) accurately recording any other information the 16 driver is required by this Law to record in a work 17 diary; and 18 (d) if the system or a part of it is to be fitted to a 19 fatigue-regulated heavy vehicle and is to be used by 20 more than 1 driver of the vehicle, is capable of ensuring 21 the following-- 22 (i) all of the information mentioned in paragraph (c) 23 can be accurately monitored or recorded for each 24 of the drivers; 25 (ii) the details recorded by, or in relation to, 1 of the 26 drivers are readily distinguishable from the details 27 recorded by, or in relation to, the other drivers; 28 (iii) the name of the driver in relation to whom details 29 are recorded is shown whenever the details are 30 accessed; 31 (iv) 1 of the drivers can not record any information, 32 that the driver is required by this Law to record in a 33 work diary, in the system for any of the other 34 drivers; and 35 Page 363

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (e) has a mechanism to ensure the driver of the 1 fatigue-regulated heavy vehicle to which it or a part of it 2 is fitted, or in which it or a part of it is used, can not alter 3 any information the driver records in the system once 4 the driver has had an opportunity to confirm the 5 accuracy of the information; and 6 (f) if the system is designed to enable the driver of the 7 fatigue-regulated heavy vehicle to which it or a part of it 8 is fitted, or in which it or a part of it is used, to send 9 information to the driver's record keeper--has a 10 mechanism that readily indicates to the driver that the 11 information has, or has not, been sent to the record 12 keeper; and 13 (g) is capable of readily reproducing, on being accessed by 14 the record keeper for the driver of the fatigue-regulated 15 heavy vehicle to which it or a part of it is fitted, or in 16 which it or a part of it is used, the information that the 17 system contains; and 18 (h) is capable of readily reproducing, on being accessed by 19 an authorised officer while the vehicle to which it or a 20 part of it is fitted, or in which it or a part of it is used, is 21 on a road, the information the system contains in a form 22 that-- 23 (i) is readily accessible by the officer; and 24 (ii) is reasonably capable of being understood by the 25 officer; and 26 (iii) can be used as evidence. 27 (3) In deciding whether or not to grant the approval, the Regulator 28 must have regard to the approved guidelines for granting 29 electronic recording system approvals. 30 (4) An approved electronic recording system may be, or be a part 31 of, an approved intelligent transport system. 32 344 Steps after decision to grant approval 33 (1) If the Regulator grants an approval under section 343, the 34 Regulator must give the applicant-- 35 Page 364

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) a numbered certificate of approval; and 1 (b) an electronic work diary label the holder can use to 2 create a copy for attaching to a device that is or is part of 3 the electronic recording system the subject of the 4 approval. 5 (2) If the Regulator imposes conditions on the approval, the 6 certificate of approval given to the applicant must state the 7 conditions. 8 (3) If the Regulator imposes conditions on the approval not 9 sought by the applicant, the Regulator must give the applicant 10 an information notice for the decision to impose the 11 conditions. 12 345 Steps after decision to refuse application 13 If the Regulator decides not to grant an application for an 14 electronic recording system approval, the Regulator must give 15 the applicant an information notice for the decision. 16 346 Effect of approval 17 (1) An electronic recording system approval granted under this 18 Subdivision applies to any system identical to the system 19 given to the Regulator for approval. 20 (2) The conditions imposed on the approval under section 343, or 21 Subdivision 3, apply to each identical system to which the 22 approval applies. 23 Subdivision 2 Provisions about electronic work 24 diary labels 25 347 Placing electronic work diary label on device 26 (1) A person may place on any device that is, or is part of, an 27 approved electronic recording system an electronic work diary 28 label relating to the approval. 29 Page 365

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Note-- 1 Under the definition electronic work diary in section 221, placing an 2 electronic work diary label on a device that is, or is part of, an approved 3 electronic recording system and is fitted to or used in a fatigue-regulated 4 heavy vehicle makes the device an electronic work diary for the 5 purposes of this Law. 6 See also section 349. 7 (2) A person must not place an electronic work diary label on a 8 device unless the device is, or is part of, an approved 9 electronic recording system to which the label relates. 10 Maximum penalty--$10000. 11 (3) A person must not place any other label on a device indicating 12 the device is, or is part of, an approved electronic recording 13 system, unless the device is, or is part of, an approved 14 electronic recording system. 15 Maximum penalty--$10000. 16 348 Particular label indicates device is an approved 17 electronic recording system 18 (1) This section applies if a device has attached to it an electronic 19 work diary label. 20 (2) The existence of the electronic work diary label on the device 21 is evidence the device is, or is part of, an approved electronic 22 recording system. 23 349 Effect of electronic work diary label on device 24 (1) This section applies if a device has attached to it a label that is, 25 or appears to be, an electronic work diary label. 26 (2) For the purposes of this Law, a person is entitled to rely on the 27 label as indicating the device is, or is part of, an approved 28 electronic recording system unless the person knows, or ought 29 reasonably to know, the device is neither an approved 30 electronic recording system nor a part of an approved 31 electronic recording system. 32 Page 366

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Example for the purposes of subsection (2)-- 1 The record keeper for the driver of a fatigue-regulated heavy vehicle 2 gives the driver a device to which an electronic work diary label is 3 attached for recording information required to be included in the driver's 4 work diary under this Law. The driver may rely on the label as 5 indicating the device is, or is part of, an approved electronic recording 6 system meaning the driver may record the required information in the 7 device on the basis it is an electronic work diary. However, the driver 8 may not rely on the label if the driver knows, or ought reasonably to 9 know the device is not, or is not part of, an approved electronic 10 recording system. 11 Note-- 12 See section 632 for the matters a court may consider when deciding 13 whether a person ought reasonably to have known something. 14 350 Prohibition on using device as electronic work diary if it 15 is not, and is not a part of, an approved electronic 16 recording system 17 (1) A person must not use as an electronic work diary for the 18 purposes of this Law a device that has attached to it an 19 electronic work diary label if the person knows, or ought 20 reasonably to know, the device is neither an approved 21 electronic recording system, nor a part of an approved 22 electronic recording system, to which the label relates. 23 Maximum penalty--$10000. 24 (2) A person must not use as an electronic work diary for the 25 purposes of this Law a device that has attached to it any other 26 label indicating the device is, or is part of, an approved 27 electronic recording system, if the person knows, or ought 28 reasonably to know, the device is neither an approved 29 electronic recording system, nor a part of an approved 30 electronic recording system. 31 Maximum penalty--$10000. 32 Note-- 33 See section 632 for the matters a court may consider when deciding 34 whether a person ought reasonably to have known something. 35 Page 367

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Subdivision 3 Amendment or cancellation of 1 approval 2 351 Amendment or cancellation of approval on application 3 (1) The holder of an electronic recording system approval may 4 apply to the Regulator for an amendment or cancellation of 5 the approval. 6 (2) The application must-- 7 (a) be in writing; and 8 (b) be accompanied by the prescribed fee for the 9 application; and 10 (c) if the application is for an amendment of the approval, 11 state clearly the amendment sought and outline the 12 reasons for the application; and 13 (d) be accompanied by the certificate of approval for the 14 approval. 15 (3) The Regulator may, by notice given to the applicant, require 16 the applicant to give the Regulator any additional information 17 the Regulator reasonably requires to decide the application. 18 (4) The Regulator must decide the application as soon as 19 practicable after receiving it. 20 (5) If the Regulator decides to grant the application-- 21 (a) the Regulator must give the applicant notice of the 22 decision; and 23 (b) the amendment or cancellation takes effect-- 24 (i) when notice of the decision is given to the 25 applicant; or 26 (ii) if a later time is stated in the notice, at the later 27 time; and 28 (c) if the Regulator amended the approval, the Regulator 29 must give the applicant a replacement certificate of 30 approval for the approval as amended. 31 Page 368

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (6) If the Regulator decides not to amend or cancel the approval 1 as sought by the applicant, the Regulator must-- 2 (a) give the applicant an information notice for the decision; 3 and 4 (b) return the certificate of approval for the approval to the 5 applicant. 6 (7) In this section-- 7 certificate of approval, for an electronic recording system 8 approval, means the certificate of approval issued by the 9 Regulator under section 344 for the approval. 10 352 Amendment or cancellation of approval on Regulator's 11 initiative 12 (1) Each of the following is a ground for amending or cancelling 13 an electronic recording system approval-- 14 (a) the approval was granted because of a document or 15 representation that was-- 16 (i) false or misleading; or 17 (ii) obtained or made in an improper way; 18 (b) since the approval was granted, there has been a change 19 in the circumstances that were relevant to the 20 Regulator's decision to grant the approval and, had the 21 changed circumstances existed when the approval was 22 granted, the Regulator would not have granted the 23 approval, or would have granted the approval subject to 24 conditions or different conditions. 25 (2) If the Regulator considers a ground exists to amend or cancel 26 an electronic recording system approval (the proposed 27 action), the Regulator must give the holder of the approval a 28 notice-- 29 (a) stating the proposed action; and 30 (b) stating the ground for the proposed action; and 31 (c) outlining the facts and circumstances forming the basis 32 for the ground; and 33 Page 369

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (d) if the proposed action is to amend the approval 1 (including a condition of the approval)--stating the 2 proposed amendment; and 3 (e) inviting the holder to make, within a stated time of at 4 least 14 days after the notice is given to the holder, 5 written representations about why the proposed action 6 should not be taken. 7 (3) If, after considering all written representations made under 8 subsection (2)(e), the Regulator still considers a ground exists 9 to take the proposed action, the Regulator may-- 10 (a) if the proposed action was to amend the 11 approval--amend the approval, including, for example, 12 by imposing additional conditions on the approval, in a 13 way that is not substantially different from the proposed 14 action; or 15 (b) if the proposed action was to cancel the approval-- 16 (i) amend the approval, including, for example, by 17 imposing additional conditions on the approval; or 18 (ii) cancel the approval. 19 (4) The Regulator must give the holder an information notice for 20 the decision. 21 (5) The amendment or cancellation takes effect-- 22 (a) when the information notice is given to the holder; or 23 (b) if a later time is stated in the information notice, at the 24 later time. 25 353 Minor amendment of approval 26 The Regulator may, by notice given to the holder of an 27 electronic recording system approval, amend the approval in a 28 minor respect-- 29 (a) for a formal or clerical reason; or 30 (b) in another way that does not adversely affect the 31 holder's interests. 32 Page 370

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 354 Requirements if approval amended 1 (1) This section applies if, under this Subdivision-- 2 (a) the Regulator amends an electronic recording system 3 approval to change the conditions about the use or 4 maintenance of the electronic recording system the 5 subject of the approval; and 6 (b) in the Regulator's opinion, the amendment will, or is 7 likely to, significantly affect the way the electronic 8 recording system the subject of the approval is to be 9 used. 10 (2) The Regulator may, by notice, direct the holder of the 11 approval to give each person to whom the holder has supplied 12 an electronic recording system the subject of the approval, or 13 a device forming part of the system, a notice stating the 14 amended conditions of the approval. 15 (3) If the Regulator gives the holder of the approval a direction 16 under subsection (2), the holder must comply with the 17 direction. 18 Maximum penalty--$6000. 19 (4) With the Regulator's written consent, a person may comply 20 with subsection (3) by publishing the amended conditions, 21 and any further details stated by the Regulator, using at least 2 22 of the following methods-- 23 (a) by notice published in a newspaper stated by the 24 Regulator; 25 (b) by notice published in a journal or newsletter stated by 26 the Regulator; 27 (c) on a website stated by the Regulator. 28 (5) If, under subsection (3), the holder of the approval gives a 29 person a notice stating the amended conditions of the 30 approval, the person must give a copy of the notice to each 31 other person to whom the person has supplied an electronic 32 recording system the subject of the approval, or a device 33 forming part of the system. 34 Page 371

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Example for the purposes of subsection (5)-- 1 The holder of an approval is a manufacturer and the manufacturer has 2 supplied an electronic recording system the subject of the approval to an 3 operator of a fatigue-regulated heavy vehicle who has supplied the 4 system to the vehicle's driver. If, under subsection (3), the manufacturer 5 gives the operator a notice stating the amended conditions of the 6 approval, the operator must, under subsection (5), give the driver a copy 7 of the notice. 8 Maximum penalty--$6000. 9 (6) Nothing in this section prevents the Regulator from publishing 10 details of the amendment by whatever means the Regulator 11 thinks appropriate. 12 Example-- 13 The Regulator may publish the amended conditions in the 14 Commonwealth Gazette or on a website. 15 (7) In this section-- 16 amended conditions, of an electronic recording system 17 approval that has been amended under this Division, means 18 the conditions of the approval as they apply after the 19 amendment. 20 355 Requirements if approval cancelled 21 (1) This section applies if, under this Subdivision, the Regulator 22 notifies the holder of an electronic recording system approval 23 that the approval has been cancelled. 24 (2) The holder of the approval must remove from any device that 25 is, or is part of, an electronic recording system in the holder's 26 possession any electronic work diary label relating to the 27 approval. 28 Maximum penalty--$6000. 29 (3) The Regulator may, by notice, direct the holder of the 30 approval to give each person to whom the holder has supplied 31 a device that is, or is part of, an electronic recording system 32 the subject of the approval a notice stating that-- 33 (a) the approval has been cancelled; and 34 Page 372

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (b) any electronic work diary label relating to the approval 1 on any device that is, or is part of, the electronic 2 recording system still in the other person's possession 3 must be removed. 4 (4) If the Regulator gives the holder of the approval a direction 5 under subsection (3), the holder must comply with the 6 direction. 7 Maximum penalty--$6000. 8 (5) With the Regulator's written consent, a person may comply 9 with subsection (4) by publishing details of the cancellation, 10 and any further details stated by the Regulator, using at least 2 11 of the following methods-- 12 (a) by notice published in a newspaper stated by the 13 Regulator; 14 (b) by notice published in a journal or newsletter stated by 15 the Regulator; 16 (c) on a website stated by the Regulator. 17 (6) If, under subsection (4), the holder of the approval gives a 18 person a notice that the approval has been cancelled, the 19 person must give a notice to each other person to whom the 20 person has supplied an electronic recording system the subject 21 of the approval, or a device forming part of the system, stating 22 that-- 23 (a) the approval has been cancelled; and 24 (b) any electronic work diary label relating to the approval 25 on any device that is, or is part of, an electronic 26 recording system still in the other person's possession 27 must be removed. 28 Example for the purposes of subsection (6)-- 29 The holder of an approval is a manufacturer and the 30 manufacturer has supplied a device that is, or is part of, an 31 electronic recording system the subject of the approval to an 32 operator of a fatigue-regulated heavy vehicle who has supplied 33 the device to the vehicle's driver. If, under subsection (4), the 34 manufacturer gives the operator a notice stating the approval has 35 been cancelled and any electronic work diary label relating to 36 the approval on any device that is, or is part of, an electronic 37 Page 373

Heavy Vehicle National Law Amendment Bill 2012 [s 12] recording system still in the operator's possession must be 1 removed, the operator must give the driver a notice stating the 2 approval has been cancelled and any electronic work diary label 3 relating to the approval on any device that is, or is part of, an 4 electronic recording system still in the driver's possession must 5 be removed. 6 Maximum penalty--$6000. 7 (7) Nothing in this section prevents the Regulator from publishing 8 details of the cancellation by whatever means the Regulator 9 thinks appropriate. 10 Example-- 11 The Regulator may publish the cancellation in the Commonwealth 12 Gazette or on a website. 13 (8) A person who is aware that an electronic recording system 14 approval has been cancelled must remove from any device 15 that is, or is part of, an electronic recording system in the 16 person's possession any electronic work diary label relating to 17 the approval. 18 Maximum penalty--$6000. 19 (9) In this section-- 20 holder, of an electronic recording system approval that has 21 been cancelled, means the person who, immediately before 22 the cancellation took effect, held the approval. 23 Division 8 Exemptions from work diary 24 requirements of Division 2 25 Subdivision 1 Exemption for emergency services 26 356 Emergency services exemption 27 (1) A person who is acting for an emergency service and who has 28 time-critical duties on the way to, or during, an emergency is 29 exempted in the course of carrying out the duties from 30 compliance with Division 2. 31 Page 374

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (2) A person who is acting for an emergency service and who is 1 returning from attending an emergency is exempted from 2 compliance with Division 2 if the person reasonably believes 3 the noncompliance does not present an unreasonable danger 4 to other road users. 5 (3) A person who is acting for an emergency service is exempted 6 from compliance with Division 2 under subsection (1) or (2) 7 only if, at the relevant time, the person complies with any 8 guidelines regarding the management of fatigue issued by or 9 on behalf of the emergency service or an authority responsible 10 for oversight of the emergency service. 11 (4) In this section-- 12 emergency means an event, or an anticipated event, that-- 13 (a) endangers, or may endanger, life, property or the 14 environment; or 15 (b) has disrupted, or may disrupt, communications, energy 16 supply, water supply or sewerage services; or 17 (c) is declared to be an emergency or disaster by-- 18 (i) the Commonwealth or a State or Territory; or 19 (ii) a Commonwealth or State or Territory authority 20 responsible for managing responses to 21 emergencies or disasters. 22 Examples of an emergency-- 23 fire, explosion or natural disaster 24 emergency service means an entity that has a statutory 25 responsibility to respond to an emergency and includes the 26 following-- 27 (a) an ambulance service; 28 (b) a fire brigade, including a volunteer fire brigade; 29 (c) a police force or police service; 30 (d) a disaster or emergency organisation of the 31 Commonwealth or a State or Territory. 32 Page 375

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Subdivision 2 Exemptions by Commonwealth 1 Gazette notice 2 357 Regulator's power to exempt particular drivers from work 3 diary requirements 4 (1) The Regulator may, by Commonwealth Gazette notice 5 complying with section 361, exempt, for a period of not more 6 than 3 years, drivers of fatigue-regulated heavy vehicles 7 carrying out a class of work from the requirement to comply 8 with Subdivisions 1 to 5 of Division 2 for the work. 9 (2) An exemption under subsection (1) is a work diary exemption 10 (notice). 11 358 Restriction on grant of work diary exemption (notice) 12 (1) The Regulator may grant a work diary exemption (notice) 13 only if the Regulator is satisfied-- 14 (a) requiring the drivers to whom the exemption is to apply 15 to comply with Subdivisions 1 to 5 of Division 2 would 16 be an unreasonable restriction on operations conducted 17 by the drivers; and 18 (b) the class of work to which the exemption is to apply will 19 not pose-- 20 (i) a significant risk to public safety; or 21 (ii) a significant risk of the drivers to whom the 22 exemption is to apply driving on a road while 23 impaired by fatigue. 24 (2) In deciding whether or not to grant a work diary exemption 25 (notice), the Regulator must have regard to the approved 26 guidelines for granting work diary exemptions. 27 359 Conditions of work diary exemption (notice) 28 A work diary exemption (notice) may be subject to any 29 conditions the Regulator considers appropriate, including, for 30 example-- 31 Page 376

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) conditions about recording information about the work 1 to which the exemption applies; and 2 (b) a condition that the driver of a fatigue-regulated heavy 3 vehicle who is operating under the exemption must keep 4 in the driver's possession a copy of-- 5 (i) the Commonwealth Gazette notice for the 6 exemption; or 7 (ii) an information sheet about the exemption 8 published by the Regulator on the Regulator's 9 website. 10 360 Period for which work diary exemption (notice) applies 11 A work diary exemption (notice)-- 12 (a) takes effect-- 13 (i) when the Commonwealth Gazette notice for the 14 exemption is published; or 15 (ii) if a later time is stated in the Commonwealth 16 Gazette notice, at the later time; and 17 (b) applies for the period stated in the Commonwealth 18 Gazette notice. 19 361 Requirements about Commonwealth Gazette notice 20 (1) A Commonwealth Gazette notice for a work diary exemption 21 (notice) must state the following-- 22 (a) the class of work to which the exemption applies; 23 (b) that drivers of fatigue-regulated heavy vehicles who 24 carry out the class of work are exempt from the 25 requirement to comply with Subdivisions 1 to 5 of 26 Division 2 for the work; 27 (c) the conditions of the exemption; 28 (d) the period for which the exemption applies. 29 (2) The Regulator must publish a copy of the Commonwealth 30 Gazette notice on the Regulator's website. 31 Page 377

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 362 Amendment or cancellation of work diary exemption 1 (notice) 2 (1) It is a ground for amending or cancelling a work diary 3 exemption (notice) if, since the exemption was granted, there 4 has been a change in the circumstances that were relevant to 5 the Regulator's decision to grant the exemption and, had the 6 changed circumstances existed when the exemption was 7 granted, the Regulator would not have granted the exemption, 8 or would have granted the exemption subject to conditions or 9 different conditions. 10 (2) If the Regulator considers a ground exists to amend or cancel 11 the work diary exemption (notice), the Regulator may amend 12 or cancel the exemption by complying with subsections (3) to 13 (5). 14 (3) The Regulator must publish a notice in the Commonwealth 15 Gazette, in a newspaper circulating generally throughout each 16 relevant participating jurisdiction and on the Regulator's 17 website-- 18 (a) stating that the Regulator believes a ground exists to 19 amend or cancel the exemption; and 20 (b) outlining the facts and circumstances forming the basis 21 for the belief; and 22 (c) stating the action the Regulator is proposing to take 23 under this section (the proposed action); and 24 (d) inviting persons who will be affected by the proposed 25 action to make, within a stated time of at least 14 days 26 after the Commonwealth Gazette notice is published, 27 written representations about why the proposed action 28 should not be taken. 29 (4) If, after considering all written representations made under 30 subsection (3)(d), the Regulator still considers the 31 circumstances in which the Regulator may grant the work 32 diary exemption (notice) are no longer satisfied, the Regulator 33 may-- 34 (a) if the proposed action was to amend the 35 exemption--amend the exemption in a way that is not 36 Page 378

Heavy Vehicle National Law Amendment Bill 2012 [s 12] substantially different from the proposed action, 1 including, for example, by-- 2 (i) amending the class of work to which the 3 exemption applies; or 4 (ii) amending the conditions of the exemption; or 5 (b) if the proposed action was to cancel the exemption-- 6 (i) amend the exemption, including, for example, by 7 amending the exemption in a way mentioned in 8 paragraph (a)(i) or (ii); or 9 (ii) cancel the exemption. 10 (5) Notice of the amendment or cancellation must be published-- 11 (a) in-- 12 (i) the Commonwealth Gazette; and 13 (ii) a newspaper circulating generally throughout each 14 relevant participating jurisdiction; and 15 (b) on the Regulator's website; and 16 (c) in any other newspaper the Regulator considers 17 appropriate. 18 Example for the purposes of paragraph (c)-- 19 If the work diary exemption (notice) relates to a particular part of a 20 participating jurisdiction, the Regulator may consider it appropriate to 21 publish the notice in a newspaper circulating generally in the part. 22 (6) The amendment or cancellation takes effect-- 23 (a) 28 days after the Commonwealth Gazette notice is 24 published under subsection (5); or 25 (b) if a later time is stated in the Commonwealth Gazette 26 notice, at the later time. 27 (7) In this section-- 28 relevant participating jurisdiction, for a work diary 29 exemption (notice), means a participating jurisdiction in 30 which the whole or part of an area or route to which the 31 exemption applies is situated. 32 Page 379

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Subdivision 3 Exemptions by permit 1 363 Regulator's power to exempt driver of fatigue-regulated 2 heavy vehicle from work diary requirement 3 (1) The Regulator may, by giving a person a permit as mentioned 4 in section 368, exempt, for a period of not more than 3 years, a 5 driver of a fatigue-regulated heavy vehicle from the 6 requirement to comply with Subdivisions 1 to 5 of Division 2. 7 (2) An exemption under subsection (1) is a work diary exemption 8 (permit). 9 364 Application for work diary exemption (permit) 10 (1) The driver of a fatigue-regulated heavy vehicle who is 11 working under standard hours may apply to the Regulator for 12 a work diary exemption (permit). 13 (2) The application must-- 14 (a) be in the approved form; and 15 (b) state the following-- 16 (i) the period for which the exemption is sought; 17 (ii) any conditions for the exemption sought by the 18 applicant; and 19 (c) nominate a person (the nominee) to make written work 20 records for the driver; and 21 (d) be accompanied by the nominee's written agreement to 22 the nomination; and 23 (e) be accompanied by the prescribed fee for the 24 application. 25 (3) An employer of the driver of a fatigue-regulated heavy vehicle 26 may make an application under subsection (1) on behalf of the 27 driver. 28 (4) The Regulator may, by notice given to the applicant, require 29 the applicant to give the Regulator any additional information 30 the Regulator reasonably requires to decide the application. 31 Page 380

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 365 Restriction on grant of work diary exemption (permit) 1 (1) The Regulator may grant a work diary exemption (permit) 2 only if the Regulator is satisfied-- 3 (a) the driver can not make records in the driver's work 4 diary because of the driver's inadequate English 5 literacy; and 6 (b) the nominee for the driver will be able to make records 7 that are no less complete or accurate than records made 8 under Subdivisions 1 to 5 of Division 2; and 9 (c) the driver works only under standard hours. 10 (2) In deciding whether or not to grant a work diary exemption 11 (permit), the Regulator must have regard to the approved 12 guidelines for granting work diary exemptions. 13 (3) In this section-- 14 nominee, for the driver of a fatigue-regulated heavy vehicle, 15 means the person nominated, in the application for the work 16 diary exemption (permit), by the driver to make written work 17 records for the driver. 18 366 Conditions of work diary exemption (permit) 19 (1) A work diary exemption (permit) is subject to the condition 20 that the driver to whom the exemption applies must carry out 21 all work as a driver of fatigue-regulated heavy vehicles under 22 standard hours only. 23 (2) A work diary exemption (permit) may be subject to any other 24 conditions the Regulator considers appropriate, including, for 25 example, conditions about-- 26 (a) the information to be included in records about the work 27 carried out by the driver of a fatigue-regulated heavy 28 vehicle to whom the exemption applies; and 29 (b) how the records are to be made. 30 Page 381

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 367 Period for which work diary exemption (permit) applies 1 (1) A work diary exemption (permit) applies for the period stated 2 in the permit for the exemption. 3 (2) The period may be less than the period sought by the applicant 4 for the work diary exemption (permit). 5 368 Permit for work diary exemption (permit) etc. 6 (1) If the Regulator grants a work diary exemption (permit) to a 7 person, the Regulator must give the person-- 8 (a) a permit for the exemption; and 9 (b) if the Regulator has imposed conditions on the 10 exemption under section 366 or has granted the 11 exemption for a period less than the period of not more 12 than 3 years sought by the person--an information 13 notice for the decision to impose the conditions or grant 14 the exemption for the shorter period. 15 (2) A permit for a work diary exemption (permit) must state the 16 following-- 17 (a) the name of the driver of a fatigue-regulated heavy 18 vehicle to whom the permit is given; 19 (b) the name of the nominee for the driver; 20 (c) the conditions of the exemption; 21 (d) the period for which the exemption applies. 22 (3) In this section-- 23 nominee, for the driver of a fatigue-regulated heavy vehicle, 24 means the person nominated, in the application for the work 25 diary exemption (permit), by the driver to make written work 26 records for the driver. 27 369 Refusal of application for work diary exemption (permit) 28 If the Regulator refuses an application for a work diary 29 exemption (permit), the Regulator must give the applicant an 30 information notice for the decision to refuse the application. 31 Page 382

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 370 Amendment or cancellation of work diary exemption 1 (permit) on application by permit holder 2 (1) The holder of a permit for a work diary exemption (permit) 3 may apply to the Regulator for an amendment or cancellation 4 of the exemption. 5 (2) The application must-- 6 (a) be in the approved form; and 7 (b) be accompanied by the prescribed fee for the 8 application; and 9 (c) if the application is for an amendment--state clearly the 10 amendment sought and the reasons for the amendment; 11 and 12 (d) if the application is for an amendment of the person 13 nominated by the holder to make written work records 14 for the holder--be accompanied by the nominee's 15 written agreement to the nomination; and 16 (e) be accompanied by the permit. 17 (3) The Regulator may, by notice given to the applicant, require 18 the applicant to give the Regulator any additional information 19 the Regulator reasonably requires to decide the application. 20 (4) The Regulator must decide the application as soon as 21 practicable after receiving it. 22 (5) If the Regulator decides to grant the application-- 23 (a) the Regulator must give the applicant notice of the 24 decision; and 25 (b) the amendment or cancellation takes effect-- 26 (i) when notice of the decision is given to the 27 applicant; or 28 (ii) if a later time is stated in the notice, at the later 29 time; and 30 (c) if the Regulator amends the exemption, the Regulator 31 must give the applicant a replacement permit for the 32 exemption as amended. 33 Page 383

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (6) If the Regulator decides not to amend or cancel the work diary 1 exemption (permit), as sought by the applicant, the Regulator 2 must-- 3 (a) give the applicant an information notice for the decision; 4 and 5 (b) return the permit for the exemption to the applicant. 6 371 Amendment or cancellation of work diary exemption 7 (permit) on Regulator's initiative 8 (1) Each of the following is a ground for amending or cancelling 9 a work diary exemption (permit)-- 10 (a) the exemption was granted because of a document or 11 representation that was-- 12 (i) false or misleading; or 13 (ii) obtained or made in an improper way; 14 (b) the person to whom the exemption is granted has 15 contravened this Law or a corresponding fatigue law; 16 (c) the nominee has contravened a condition of the 17 exemption; 18 (d) since the exemption was granted, there has been a 19 change in the circumstances that were relevant to the 20 Regulator's decision to grant the exemption and, had the 21 changed circumstances existed when the exemption was 22 granted, the Regulator would not have granted the 23 exemption, or would have granted the exemption subject 24 to conditions or different conditions. 25 (2) If the Regulator considers a ground exists to amend or cancel 26 a work diary exemption (permit) (the proposed action), the 27 Regulator must give the holder of the permit for the 28 exemption a notice-- 29 (a) stating the proposed action; and 30 (b) stating the ground for the proposed action; and 31 (c) outlining the facts and circumstances forming the basis 32 for the ground; and 33 Page 384

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (d) if the proposed action is to amend the exemption 1 (including a condition of the exemption)--stating the 2 proposed amendment; and 3 (e) inviting the holder to make, within a stated time of at 4 least 14 days after the notice is given to the holder, 5 written representations about why the proposed action 6 should not be taken. 7 (3) If, after considering all written representations made under 8 subsection (2)(e), the Regulator still considers a ground exists 9 to take the proposed action, the Regulator may-- 10 (a) if the proposed action was to amend the 11 exemption--amend the exemption, including, for 12 example, by imposing additional conditions on the 13 exemption, in a way that is not substantially different 14 from the proposed action; or 15 (b) if the proposed action was to cancel the exemption-- 16 (i) amend the exemption, including, for example, by 17 imposing additional conditions on the exemption; 18 or 19 (ii) cancel the exemption. 20 (4) The Regulator must give the holder an information notice for 21 the decision. 22 (5) The amendment or cancellation takes effect-- 23 (a) when the information notice is given to the holder; or 24 (b) if a later time is stated in the information notice, at the 25 later time. 26 (6) In this section-- 27 nominee, for the person to whom a work diary exemption 28 (permit) is granted, means the person stated in the permit for 29 the exemption as the person nominated by the person to make 30 written work records for the person. 31 Page 385

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 372 Minor amendment of work diary exemption (permit) 1 The Regulator may, by notice given to the holder of a permit 2 for a work diary exemption (permit), amend the exemption in 3 a minor respect-- 4 (a) for a formal or clerical reason; or 5 (b) in another way that does not adversely affect the 6 holder's interests. 7 373 Return of permit 8 (1) If a person's work diary exemption (permit) is amended or 9 cancelled under this Subdivision, the Regulator may, by notice 10 given to the person, require the person to return the person's 11 permit for the exemption to the Regulator. 12 (2) The person must comply with the notice within 7 days after 13 the notice is given to the person or, if a longer period is stated 14 in the notice, within the longer period. 15 Maximum penalty--$6000. 16 (3) If the exemption has been amended, the Regulator must give 17 the person a replacement permit for the exemption as 18 amended. 19 374 Replacement of defaced etc. permit 20 (1) If a person's permit for a work diary exemption (permit) is 21 defaced, destroyed, lost or stolen, the person must, as soon as 22 reasonably practicable after becoming aware of the matter, 23 apply to the Regulator for a replacement permit. 24 Maximum penalty--$4000. 25 (2) If the Regulator is satisfied the permit has been defaced, 26 destroyed, lost or stolen, the Regulator must give the person a 27 replacement permit as soon as practicable. 28 (3) If the Regulator decides not to give a replacement permit to 29 the person, the Regulator must give the person an information 30 notice for the decision. 31 Page 386

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Subdivision 4 Operating under work diary 1 exemption 2 375 Contravening condition of work diary exemption 3 A person must not contravene a condition of a work diary 4 exemption. 5 Maximum penalty--$6000. 6 376 Keeping relevant document while operating under work 7 diary exemption (notice) 8 (1) This section applies if a work diary exemption (notice) is 9 subject to the condition that the driver of a fatigue-regulated 10 heavy vehicle who is operating under the exemption must 11 keep a relevant document in the driver's possession. 12 (2) A driver of the fatigue-regulated heavy vehicle who is 13 operating under the work diary exemption (notice) must 14 comply with the condition. 15 Maximum penalty--$3000. 16 (3) If an offence is committed against subsection (2) involving the 17 driver of a fatigue-regulated heavy vehicle, each relevant party 18 for the driver is taken to have committed an offence against 19 this subsection. 20 Maximum penalty--$3000. 21 (4) A person charged with an offence against subsection (3) does 22 not have the benefit of the mistake of fact defence for the 23 offence. 24 (5) However, in a proceeding for an offence against subsection 25 (3), the person charged has the benefit of the reasonable steps 26 defence for the offence. 27 Note-- 28 See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 29 (6) In a proceeding for an offence against subsection (3)-- 30 Page 387

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) it is irrelevant whether or not the driver has been or will 1 be proceeded against, or convicted of, the offence 2 against subsection (2); and 3 (b) evidence a court has convicted the driver of the offence 4 against subsection (2) is evidence that the offence 5 happened at the time and place, and in the 6 circumstances, stated in the charge resulting in the 7 conviction; and 8 (c) evidence of details stated in an infringement notice 9 issued for the offence against subsection (2) is evidence 10 that the offence happened at the time and place, and in 11 the circumstances, stated in the infringement notice. 12 (7) In this section-- 13 relevant document, for a work diary exemption (notice), 14 means a copy of-- 15 (a) the Commonwealth Gazette notice for the exemption; or 16 (b) an information sheet about the exemption published by 17 the Regulator on the Regulator's website. 18 relevant party, for the driver of a fatigue-regulated heavy 19 vehicle, means-- 20 (a) an employer of the driver if the driver is an employed 21 driver; or 22 (b) a prime contractor of the driver if the driver is a 23 self-employed driver; or 24 (c) an operator of the vehicle if the driver is making a 25 journey for the operator. 26 377 Keeping permit or copy while operating under work diary 27 exemption (permit) 28 The driver of a fatigue-regulated heavy vehicle who is 29 operating under a work diary exemption (permit) must keep 30 the permit or a copy of the permit in the driver's possession. 31 Maximum penalty--$3000. 32 Page 388

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Division 8A Exemptions from fatigue record 1 keeping requirements of Division 3 2 Subdivision 1 Exemptions by Commonwealth 3 Gazette notice 4 378 Regulator's power to exempt record keepers from fatigue 5 record keeping requirements 6 (1) The Regulator may, by Commonwealth Gazette notice 7 complying with section 381, exempt, for a period of not more 8 than 3 years, record keepers for drivers of fatigue-regulated 9 heavy vehicles carrying out a class of work from the 10 requirement to comply with all or stated provisions of 11 Division 3 for the work. 12 (2) An exemption under subsection (1) is a fatigue record 13 keeping exemption (notice). 14 (3) In deciding whether or not to grant a fatigue record keeping 15 exemption (notice), the Regulator must have regard to the 16 approved guidelines for granting fatigue record keeping 17 exemptions. 18 379 Conditions of fatigue record keeping exemption (notice) 19 A fatigue record keeping exemption (notice)-- 20 (a) is subject to conditions prescribed by the national 21 regulations for the exemption; and 22 (b) may be subject to any other conditions the Regulator 23 considers appropriate, including, for example-- 24 (i) conditions about recording information about the 25 work to which the exemption applies; and 26 (ii) a condition that a record keeper for the driver of a 27 fatigue-regulated heavy vehicle who is operating 28 under the exemption must keep in the record 29 keeper's possession-- 30 Page 389

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (A) a copy of the Commonwealth Gazette notice 1 for the exemption; or 2 (B) a stated document or stated kind of 3 document relating to the exemption. 4 380 Period for which fatigue record keeping exemption 5 (notice) applies 6 A fatigue record keeping exemption (notice)-- 7 (a) takes effect-- 8 (i) when the Commonwealth Gazette notice for the 9 exemption is published; or 10 (ii) if a later time is stated in the Commonwealth 11 Gazette notice, at the later time; and 12 (b) applies for the period stated in the Commonwealth 13 Gazette notice. 14 381 Requirements about Commonwealth Gazette notice 15 (1) A Commonwealth Gazette notice for a fatigue record keeping 16 exemption (notice) must state the following-- 17 (a) the class of work to which the exemption applies; 18 (b) that record keepers for drivers of fatigue-regulated 19 heavy vehicles who carry out the class of work are 20 exempt from the requirement to comply with all or 21 stated provisions of Division 3 for the work; 22 (c) the conditions of the exemption; 23 (d) the period for which the exemption applies. 24 (2) The Regulator must publish a copy of the Commonwealth 25 Gazette notice on the Regulator's website. 26 382 Amendment or cancellation of fatigue record keeping 27 exemption (notice) 28 (1) It is a ground for amending or cancelling a fatigue record 29 keeping exemption (notice) if, since the exemption was 30 Page 390

Heavy Vehicle National Law Amendment Bill 2012 [s 12] granted, there has been a change in the circumstances that 1 were relevant to the Regulator's decision to grant the 2 exemption and, had the changed circumstances existed when 3 the exemption was granted, the Regulator would not have 4 granted the exemption, or would have granted the exemption 5 subject to conditions or different conditions. 6 (2) If the Regulator considers a ground exists to amend or cancel 7 a fatigue record keeping exemption (notice), the Regulator 8 may amend or cancel the exemption by complying with 9 subsections (3) to (5). 10 (3) The Regulator must publish a notice in the Commonwealth 11 Gazette, in a newspaper circulating generally throughout each 12 relevant participating jurisdiction and on the Regulator's 13 website-- 14 (a) stating that the Regulator believes a ground exists to 15 amend or cancel the exemption; and 16 (b) outlining the facts and circumstances forming the basis 17 for the belief; and 18 (c) stating the action the Regulator is proposing to take 19 under this section (the proposed action); and 20 (d) inviting persons who will be affected by the proposed 21 action to make, within a stated time of at least 14 days 22 after the Commonwealth Gazette notice is published, 23 written representations about why the proposed action 24 should not be taken. 25 (4) If, after considering all written representations made under 26 subsection (3)(d), the Regulator still considers the 27 circumstances in which the Regulator may grant the fatigue 28 record keeping exemption (notice) are no longer satisfied, the 29 Regulator may-- 30 (a) if the proposed action was to amend the 31 exemption--amend the exemption in a way that is not 32 substantially different from the proposed action, 33 including, for example, by-- 34 (i) amending the class of work to which the 35 exemption applies; or 36 Page 391

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (ii) amending the conditions of the exemption; or 1 (b) if the proposed action was to cancel the exemption-- 2 (i) amend the exemption, including, for example, by 3 amending the exemption in a way mentioned in 4 paragraph (a)(i) or (ii); or 5 (ii) cancel the exemption. 6 (5) Notice of the amendment or cancellation must be published-- 7 (a) in-- 8 (i) the Commonwealth Gazette; and 9 (ii) a newspaper circulating generally throughout each 10 relevant participating jurisdiction; and 11 (b) on the Regulator's website; and 12 (c) in any other newspaper the Regulator considers 13 appropriate. 14 Example for the purposes of paragraph (c)-- 15 If the fatigue record keeping exemption (notice) relates to a 16 particular part of a participating jurisdiction, the Regulator may 17 consider it appropriate to publish the notice in a newspaper 18 circulating generally in the part. 19 (6) The amendment or cancellation takes effect-- 20 (a) 28 days after the Commonwealth Gazette notice is 21 published under subsection (5); or 22 (b) if a later time is stated in the Commonwealth Gazette 23 notice, at the later time. 24 (7) In this section-- 25 relevant participating jurisdiction, for a fatigue record 26 keeping exemption (notice), means a participating jurisdiction 27 in which the whole or part of an area or route to which the 28 exemption applies is situated. 29 Page 392

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Subdivision 2 Exemptions by permit 1 383 Regulator's power to exempt record keepers from fatigue 2 record keeping requirements 3 (1) The Regulator may, by giving a person a permit as mentioned 4 in section 387, exempt, for a period of not more than 3 years, a 5 record keeper for one or more drivers of a fatigue-regulated 6 heavy vehicle from the requirement to comply with all or 7 stated provisions of Division 3. 8 (2) An exemption under subsection (1) is a fatigue record 9 keeping exemption (permit). 10 (3) The Regulator may grant a fatigue record keeping exemption 11 (permit) to the operator of a fatigue-regulated heavy vehicle in 12 combination with the operator's BFM accreditation or AFM 13 accreditation. 14 (4) The Regulator may grant a fatigue record keeping exemption 15 (permit)-- 16 (a) in a way that does not cover all the drivers sought by the 17 applicant; or 18 (b) setting conditions different from those sought by the 19 applicant. 20 384 Application for fatigue record keeping exemption (permit) 21 (1) The record keeper for a driver of a fatigue-regulated heavy 22 vehicle may apply to the Regulator for a fatigue record 23 keeping exemption (permit). 24 (2) The application must-- 25 (a) be in the approved form; and 26 (b) state the following-- 27 (i) the period for which the exemption is sought; 28 (ii) any conditions for the exemption sought by the 29 applicant; 30 Page 393

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (iii) the name and details of each driver of a 1 fatigue-regulated heavy vehicle to whom the 2 exemption sought is to apply; 3 (iv) any other details prescribed by the national 4 regulations; and 5 (c) be accompanied by the prescribed fee for the 6 application. 7 (3) The Regulator may, by notice given to the applicant, require 8 the applicant to give the Regulator any additional information 9 the Regulator reasonably requires to decide the application. 10 (4) In deciding whether or not to grant a fatigue record keeping 11 exemption (permit), the Regulator must comply with any 12 requirements prescribed by the national regulations for the 13 purposes of this subsection and have regard to the approved 14 guidelines for granting fatigue record keeping exemptions. 15 385 Conditions of fatigue record keeping exemption (permit) 16 A fatigue record keeping exemption (permit)-- 17 (a) is subject to conditions prescribed by the national 18 regulations for the exemption; and 19 (b) may be subject to any other conditions the Regulator 20 considers appropriate, including, for example-- 21 (i) a condition about the information to be included in 22 records about the work carried out by drivers of 23 fatigue-regulated heavy vehicles to whom the 24 exemption applies; and 25 (ii) a condition about how the records are to be made; 26 and 27 (iii) a condition that a record keeper for the driver of a 28 fatigue-regulated heavy vehicle who is operating 29 under the exemption must keep in the record 30 keeper's possession-- 31 (A) the permit for the exemption; or 32 Page 394

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (B) a stated document or stated kind of 1 document relating to the exemption. 2 386 Period for which fatigue record keeping exemption 3 (permit) applies 4 (1) A fatigue record keeping exemption (permit) applies for the 5 period stated in the permit for the exemption. 6 (2) The period may be less than the period sought by the applicant 7 for the fatigue record keeping exemption (permit). 8 387 Permit for fatigue record keeping exemption (permit) etc. 9 (1) If the Regulator grants a fatigue record keeping exemption 10 (permit) to a person, the Regulator must give the person-- 11 (a) a permit for the exemption; and 12 (b) if the Regulator has imposed conditions on the 13 exemption under section 385 or has granted the 14 exemption for a period less than the period of not more 15 than 3 years sought by the person--an information 16 notice for the decision to impose the conditions or grant 17 the exemption for the shorter period. 18 (2) A permit for a fatigue record keeping exemption (permit) 19 must state the following-- 20 (a) the name of the drivers of fatigue-regulated heavy 21 vehicles to whom the permit applies; 22 (b) the conditions of the exemption; 23 (c) the period for which the exemption applies. 24 388 Refusal of application for fatigue record keeping 25 exemption (permit) 26 If the Regulator refuses an application for a fatigue record 27 keeping exemption (permit), the Regulator must give the 28 applicant an information notice for the decision to refuse the 29 application. 30 Page 395

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 389 Amendment or cancellation of fatigue record keeping 1 exemption (permit) on application by permit holder 2 (1) The holder of a permit for a fatigue record keeping exemption 3 (permit) may apply to the Regulator for an amendment or 4 cancellation of the exemption. 5 (2) The application must-- 6 (a) be in the approved form; and 7 (b) be accompanied by the prescribed fee for the 8 application; and 9 (c) if the application is for an amendment--state clearly the 10 amendment sought and the reasons for the amendment; 11 and 12 (d) be accompanied by the permit. 13 (3) The Regulator may, by notice given to the applicant, require 14 the applicant to give the Regulator any additional information 15 the Regulator reasonably requires to decide the application. 16 (4) The Regulator must decide the application as soon as 17 practicable after receiving it. 18 (5) If the Regulator decides to grant the application-- 19 (a) the Regulator must give the applicant notice of the 20 decision; and 21 (b) the amendment or cancellation takes effect-- 22 (i) when notice of the decision is given to the 23 applicant; or 24 (ii) if a later time is stated in the notice, at the later 25 time; and 26 (c) if the Regulator amended the exemption, the Regulator 27 must give the applicant a replacement permit for the 28 exemption as amended. 29 (6) If the Regulator decides not to amend or cancel the exemption 30 as sought by the applicant, the Regulator must-- 31 Page 396

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) give the applicant an information notice for the decision; 1 and 2 (b) return the permit for the exemption to the applicant. 3 390 Amendment or cancellation of fatigue record keeping 4 exemption (permit) on Regulator's initiative 5 (1) Each of the following is a ground for amending or cancelling 6 a fatigue record keeping exemption (permit)-- 7 (a) the exemption was granted because of a document or 8 representation that was-- 9 (i) false or misleading; or 10 (ii) obtained or made in an improper way; 11 (b) the holder of the permit for the exemption has 12 contravened this Law or a corresponding fatigue law; 13 (c) a driver of a fatigue-regulated heavy vehicle to whom 14 the exemption applies has contravened this Law or a 15 corresponding fatigue law; 16 (d) since the exemption was granted, there has been a 17 change in the circumstances that were relevant to the 18 Regulator's decision to grant the exemption and, had the 19 changed circumstances existed when the exemption was 20 granted, the Regulator would not have granted the 21 exemption, or would have granted the exemption subject 22 to conditions or different conditions. 23 (2) If the Regulator considers a ground exists to amend or cancel 24 a fatigue record keeping exemption (permit) (the proposed 25 action), the Regulator must give the holder of the permit for 26 the exemption a notice-- 27 (a) stating the proposed action; and 28 (b) stating the ground for the proposed action; and 29 (c) outlining the facts and circumstances forming the basis 30 for the ground; and 31 Page 397

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (d) if the proposed action is to amend the exemption 1 (including a condition of the exemption)--stating the 2 proposed amendment; and 3 (e) inviting the holder to make, within a stated time of at 4 least 14 days after the notice is given to the holder, 5 written representations about why the proposed action 6 should not be taken. 7 (3) If, after considering all written representations made under 8 subsection (2)(e), the Regulator still considers a ground exists 9 to take the proposed action, the Regulator may-- 10 (a) if the proposed action was to amend the 11 exemption--amend the exemption, including, for 12 example, by imposing additional conditions on the 13 exemption, in a way that is not substantially different 14 from the proposed action; or 15 (b) if the proposed action was to cancel the exemption-- 16 (i) amend the exemption, including, for example, by 17 imposing additional conditions on the exemption; 18 or 19 (ii) cancel the exemption. 20 (4) The Regulator must give the holder an information notice for 21 the decision. 22 (5) The amendment or cancellation takes effect-- 23 (a) when the information notice is given to the holder; or 24 (b) if a later time is stated in the information notice, at the 25 later time. 26 391 Minor amendment of fatigue record keeping exemption 27 (permit) 28 The Regulator may, by notice given to the holder of a permit 29 for a fatigue record keeping exemption (permit), amend the 30 exemption in a minor respect-- 31 (a) for a formal or clerical reason; or 32 Page 398

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (b) in another way that does not adversely affect the 1 holder's interests. 2 392 Return of permit 3 (1) If a person's fatigue record keeping exemption (permit) is 4 amended or cancelled, the Regulator may, by notice given to 5 the person, require the person to return the person's permit for 6 the exemption to the Regulator. 7 (2) The person must comply with the notice within 7 days after 8 the notice is given to the person or, if a longer period is stated 9 in the notice, within the longer period. 10 Maximum penalty--$6000. 11 (3) If the exemption has been amended, the Regulator must give 12 the person a replacement permit for the exemption as 13 amended. 14 393 Replacement of defaced etc. permit 15 (1) If a person's permit for a fatigue record keeping exemption 16 (permit) is defaced, destroyed, lost or stolen, the person must, 17 as soon as reasonably practicable after becoming aware of the 18 matter, apply to the Regulator for a replacement permit. 19 Maximum penalty--$4000. 20 (2) If the Regulator is satisfied the permit has been defaced, 21 destroyed, lost or stolen, the Regulator must give the person a 22 replacement permit as soon as practicable. 23 (3) If the Regulator decides not to give a replacement permit to 24 the person, the Regulator must give the person an information 25 notice for the decision. 26 Page 399

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Subdivision 3 Exemptions by national regulations 1 394 Exemptions from provisions of Division 3 2 (1) The national regulations may provide for the exemption of 3 record keepers for drivers of fatigue-regulated heavy vehicles 4 from the requirement to comply with all or stated provisions 5 of Division 3. 6 (2) Without limiting subsection (1), the national regulations may 7 prescribe matters about-- 8 (a) one or more classes of record keepers for which an 9 exemption is to apply; and 10 (b) one or more classes of drivers of fatigue-regulated heavy 11 vehicles for which an exemption is to apply; and 12 (c) conditions to which an exemption is to be subject. 13 Subdivision 4 Other provisions 14 395 Contravening condition of fatigue record keeping 15 exemption 16 A person must not contravene a condition of a fatigue record 17 keeping exemption. 18 Maximum penalty--$6000. 19 Division 9 Requirements about odometers 20 396 Owner must maintain odometer 21 (1) The national regulations may require the fitting and 22 maintenance of an odometer to a fatigue-regulated heavy 23 vehicle. 24 (2) An owner of a fatigue-regulated heavy vehicle required by the 25 national regulations to be fitted with an odometer must 26 Page 400

Heavy Vehicle National Law Amendment Bill 2012 [s 12] maintain the odometer in accordance with the requirements 1 prescribed by the national regulations. 2 Maximum penalty--$6000. 3 (3) A person charged with an offence against subsection (2) does 4 not have the benefit of the mistake of fact defence for the 5 offence. 6 (4) However, in a proceeding for an offence against subsection 7 (2), the person charged has the benefit of the reasonable steps 8 defence for the offence. 9 Note-- 10 See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 11 397 Driver must report malfunctioning odometer 12 (1) This section applies if the driver of a fatigue-regulated heavy 13 vehicle becomes aware or has reason to suspect an odometer 14 fitted to the vehicle is malfunctioning or has malfunctioned. 15 (2) The driver must inform the following persons of the matter 16 within 2 business days-- 17 (a) each owner of the vehicle; 18 (b) the driver's employer if the driver is an employed driver; 19 (c) each operator of the vehicle. 20 Maximum penalty--$3000. 21 (3) Subsection (2) does not apply to the driver of a 22 fatigue-regulated heavy vehicle in relation to a malfunction of 23 an odometer if another driver of the vehicle has complied with 24 the subsection in relation to the malfunction. 25 398 What owner must do if odometer malfunctioning 26 (1) This section applies if an owner of a fatigue-regulated heavy 27 vehicle is informed under section 397 of malfunctioning or 28 suspected malfunctioning of the vehicle's odometer. 29 Page 401

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (2) The owner must, as soon as reasonably practicable after being 1 informed of the matter, ensure the odometer is examined and 2 brought into working order. 3 Maximum penalty--$6000. 4 (3) A person charged with an offence against subsection (2) does 5 not have the benefit of the mistake of fact defence for the 6 offence. 7 (4) However, in a proceeding for an offence against subsection 8 (2), the person charged has the benefit of the reasonable steps 9 defence for the offence. 10 Note-- 11 See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 12 399 What employer or operator must do if odometer 13 malfunctioning 14 (1) This section applies if an employer of the driver of a 15 fatigue-regulated heavy vehicle or an operator of a 16 fatigue-regulated heavy vehicle is informed under section 397 17 of malfunctioning or suspected malfunctioning of the 18 vehicle's odometer. 19 (2) The employer or operator must not drive, or permit another 20 person to drive, the fatigue-regulated heavy vehicle unless the 21 owner of the vehicle has complied with section 398. 22 Maximum penalty--$6000. 23 (3) A person charged with an offence against subsection (2) does 24 not have the benefit of the mistake of fact defence for the 25 offence. 26 (4) However, in a proceeding for an offence against subsection 27 (2), the person charged has the benefit of the reasonable steps 28 defence for the offence. 29 Note-- 30 See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 31 Page 402

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Chapter 7 Intelligent Access Program 1 Part 7.1 Preliminary 2 400 Main purposes of Ch 7 3 (1) The main purposes of this Chapter are-- 4 (a) to ensure the integrity of systems used for compliance 5 with intelligent access conditions; and 6 (b) to provide for appropriate collection, keeping and 7 handling of intelligent access information. 8 (2) The purpose mentioned in subsection (1)(a) is achieved by-- 9 (a) requiring particular entities to report relevant 10 contraventions for intelligent access vehicles; and 11 (b) requiring particular entities to report tampering or 12 suspected tampering with, or malfunctioning of, 13 approved intelligent transport systems; and 14 (c) prohibiting persons from tampering with approved 15 intelligent transport systems; and 16 (d) giving particular entities functions and powers to audit 17 the activities of intelligent access service providers. 18 (3) The purpose mentioned in subsection (1)(b) is achieved by-- 19 (a) allowing entities to collect, hold, use and disclose 20 intelligent access information for only limited purposes 21 and subject to restrictions; and 22 (b) requiring entities with monitoring or auditing functions 23 to ensure intelligent access information collected is 24 accurate, complete and up to date; and 25 (c) requiring entities who collect intelligent access 26 information to protect the information and destroy it 27 when it is no longer required by the entities; and 28 Page 403

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (d) providing for persons about whom an entity holds 1 personal information to have access to the information 2 and have it corrected in appropriate circumstances. 3 401 What the Intelligent Access Program is 4 The Intelligent Access Program is a program to allow heavy 5 vehicles to have access, or improved access, to the road 6 network in return for monitoring, by an intelligent transport 7 system, of their compliance with stated access conditions. 8 402 Application of Ch 7 9 (1) This Chapter applies in relation to a heavy vehicle for which a 10 mass or dimension authority is in force with the following 11 conditions (intelligent access conditions)-- 12 (a) a condition about the areas or routes to which the 13 authority applies; 14 (b) conditions about the use of a heavy vehicle on a road 15 under the authority, including, for example, conditions 16 about one or more of the following-- 17 (i) the maximum permissible mass of the vehicle, or 18 the vehicle together with its load, while it is being 19 used on the road under the authority; 20 (ii) the times when the vehicle may be used on the road 21 under the authority; 22 (iii) the maximum speed at which the vehicle may be 23 driven on the road under the authority; 24 (c) conditions that-- 25 (i) a heavy vehicle's compliance with the conditions 26 mentioned in paragraphs (a) and (b) is monitored 27 by an approved intelligent transport system used 28 by an intelligent access service provider; and 29 (ii) any noncompliance reports made by the system are 30 sent to the Regulator within a stated period. 31 Page 404

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (2) This Chapter also applies in relation to a heavy vehicle for 1 which an HML authority is in force with the conditions (also 2 intelligent access conditions) that-- 3 (a) either or both of the following is monitored by an 4 approved intelligent transport system used by an 5 intelligent access service provider-- 6 (i) the roads on which the vehicle is used under the 7 higher mass limits; 8 (ii) the vehicle's compliance with conditions about the 9 use of a heavy vehicle on a road under the higher 10 mass limits, including, for example, conditions 11 about one or more of the following-- 12 (A) the times when the vehicle may be driven on 13 the road under the higher mass limits; 14 (B) the maximum speed at which the vehicle 15 may be driven on the road under the higher 16 mass limits; and 17 (b) any noncompliance reports made by the system are sent 18 to the Regulator within a stated period. 19 403 Definitions for Ch 7 20 In this Chapter-- 21 approved intelligent transport system means an intelligent 22 transport system approved by TCA, for the purposes of the 23 Intelligent Access Program, for use by an intelligent access 24 service provider to monitor the relevant monitoring matters 25 for an intelligent access vehicle. 26 higher mass limits means the higher mass limits applying 27 under the mass requirements. 28 HML authority means a declaration made, or permit granted, 29 under the national regulations allowing a heavy vehicle to be 30 used on a road under the higher mass limits. 31 intelligent access agreement means an agreement between 32 the operator of a heavy vehicle and an intelligent access 33 service provider under which the service provider agrees to 34 Page 405

Heavy Vehicle National Law Amendment Bill 2012 [s 12] monitor, by using an approved intelligent transport system, 1 the relevant monitoring matters for the vehicle. 2 intelligent access audit means the process of doing 1 or more 3 of the following-- 4 (a) reviewing intelligent access information held by an 5 intelligent access service provider to assess whether the 6 information is accurate, complete and up to date; 7 (b) reviewing the processes by which intelligent access 8 information held by an intelligent access service 9 provider is generated, recorded, stored, displayed, 10 analysed, transmitted and reported; 11 (c) examining how intelligent access information held by an 12 intelligent access service provider is used and disclosed 13 by the service provider; 14 (d) examining an approved intelligent transport system. 15 intelligent access conditions has the meaning given by 16 section 402. 17 intelligent access information means information generated, 18 recorded, stored, displayed, analysed, transmitted or reported 19 by an approved intelligent transport system for any purpose 20 relating to the Intelligent Access Program. 21 Intelligent Access Program has the meaning given in section 22 401. 23 intelligent access service provider means a person certified 24 by TCA as a service provider for monitoring, by using an 25 approved intelligent transport system, the relevant monitoring 26 matters for an intelligent access vehicle. 27 intelligent access vehicle means a heavy vehicle-- 28 (a) for which a mass or dimension exemption is in force 29 with intelligent access conditions (as referred to in 30 section 402(1)); or 31 (b) for which an HML authority is in force with intelligent 32 access conditions (as referred to in section 402(2)). 33 Page 406

Heavy Vehicle National Law Amendment Bill 2012 [s 12] law enforcement purposes means the purposes of 1 investigating or prosecuting an offence against an Australian 2 road law. 3 malfunction, in relation to an approved intelligent transport 4 system, means the system-- 5 (a) ceases to work at all, or works only intermittently; or 6 (b) does not perform one or more functions required under 7 the Intelligent Access Program; or 8 (c) performs a function mentioned in paragraph (b)-- 9 (i) only intermittently; or 10 (ii) in a way that the results of it doing so are 11 inaccurate or unreliable, including intermittently 12 inaccurate or unreliable. 13 noncompliance report means a report made by an approved 14 intelligent transport system that reports either or both of the 15 following-- 16 (a) a relevant contravention for an intelligent access 17 vehicle; 18 (b) apparent tampering with, or malfunctioning of, the 19 system. 20 personal information means personal information that is 21 intelligent access information or otherwise collected for the 22 purposes of this Chapter. 23 Note-- 24 See also definition personal information in section 5. 25 relevant contravention means-- 26 (a) for an intelligent access vehicle used under a mass or 27 dimension exemption--the vehicle's contravention of 28 conditions mentioned in section 402(1)(a) or (b) 29 applying to the vehicle; or 30 (b) for an intelligent access vehicle used under the higher 31 mass limits-- 32 Page 407

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (i) the vehicle's use under the higher mass limits on a 1 road to which the higher mass limits do not apply; 2 or 3 (ii) the vehicle's contravention of a condition about the 4 use of the vehicle on a road under the higher mass 5 limits. 6 relevant monitoring matters means-- 7 (a) for a heavy vehicle used under a mass or dimension 8 exemption--the vehicle's compliance with conditions 9 mentioned in section 402(1)(a) or (b) applying to the 10 vehicle; or 11 (b) for a heavy vehicle used under the higher mass 12 limits--the matters mentioned in section 402(2)(a)(i) or 13 (ii) for the vehicle. 14 tamper, with an approved intelligent transport system, means 15 engage in conduct that has the result that-- 16 (a) the system is changed; or 17 (b) the system is installed or used in a way that is not in 18 accordance with the conditions of its approval by TCA; 19 or 20 (c) any operating software that the system uses internally is 21 changed. 22 Part 7.2 Duties and obligations of 23 operators of intelligent access 24 vehicles 25 404 Offence to give false or misleading information to 26 intelligent access service provider 27 (1) The operator of an intelligent access vehicle commits an 28 offence if-- 29 Page 408

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) the operator gives information to an intelligent access 1 service provider with whom the operator has entered 2 into an intelligent access agreement for the vehicle; and 3 (b) the information is relevant to the use of the vehicle; and 4 (c) the operator knows, or ought reasonably to know, the 5 information is false or misleading in a material 6 particular. 7 Maximum penalty--$10000. 8 Note-- 9 See section 632 for the matters a court may consider when deciding 10 whether a person ought reasonably to have known something. 11 (2) Subsection (1) does not apply if the operator gives the 12 information in writing and, when giving the information-- 13 (a) tells the intelligent access service provider, to the best of 14 the operator's ability, how it is false or misleading; and 15 (b) if the operator has, or can reasonably obtain, the correct 16 information--gives the correct information in writing. 17 (3) Without limiting subsection (1)(b), information about the 18 intelligent access conditions applying to an intelligent access 19 vehicle is relevant to the use of the vehicle. 20 (4) The operator of a heavy vehicle commits an offence if-- 21 (a) the operator gives information to an intelligent access 22 service provider; and 23 (b) the operator intends that the intelligent access service 24 provider will enter into an intelligent access agreement 25 with the operator in reliance on the information; and 26 (c) the operator knows, or ought reasonably to know, the 27 information is false or misleading in a material 28 particular. 29 Maximum penalty--$10000. 30 Note-- 31 See section 632 for the matters a court may consider when deciding 32 whether a person ought reasonably to have known something. 33 Page 409

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (5) Subsection (4) does not apply if the operator gives the 1 information in writing and, when giving the information-- 2 (a) tells the intelligent access service provider, to the best of 3 the operator's ability, how it is false or misleading; and 4 (b) if the operator has, or can reasonably obtain, the correct 5 information--gives the correct information in writing. 6 (6) In a proceeding for an offence against subsection (1) or (4), it 7 is enough for a charge to state that the information given was 8 `false or misleading' to the operator's knowledge, without 9 specifying whether it was false or whether it was misleading. 10 405 Advising vehicle driver of collection of information by 11 intelligent access service provider 12 (1) The operator of an intelligent access vehicle must take all 13 reasonable steps to give the vehicle's driver the following 14 information, before the vehicle begins a journey-- 15 (a) that the vehicle will be monitored by an intelligent 16 access service provider; 17 (b) that this Chapter provides for the collection of 18 information by the intelligent access service provider; 19 (c) the information that will be collected by the intelligent 20 access service provider; 21 (d) the purposes for which the information will be 22 collected; 23 (e) the entities to whom the information collected may be 24 disclosed; 25 (f) that, under this Chapter, the driver has rights of access to 26 personal information or to have personal information 27 changed to ensure it is accurate, complete and up to 28 date; 29 (g) how the rights mentioned in paragraph (f) can be 30 exercised; 31 (h) the name and address of the intelligent access service 32 provider. 33 Page 410

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Maximum penalty--$6000. 1 (2) The operator of an intelligent access vehicle is taken to 2 comply with subsection (1) if the operator-- 3 (a) gives the intelligent access vehicle's driver a notice 4 stating the information mentioned in the subsection, 5 including, for example, by placing it in the vehicle's 6 driving cabin in a clearly visible position; or 7 (b) includes the information mentioned in the subsection in 8 a written contract of employment between the operator 9 and the intelligent access vehicle's driver. 10 (3) The national regulations may prescribe-- 11 (a) a form of notice that may be used under subsection 12 (2)(a); and 13 (b) for the purposes of subsection (2)(b), a standard form of 14 words that may be used as part of a written contract of 15 employment. 16 406 Reporting system malfunctions to Regulator 17 (1) If an operator of an intelligent access vehicle becomes aware 18 that a part of an approved intelligent transport system fitted to 19 the vehicle is malfunctioning or has malfunctioned, the 20 operator must as soon as practicable report the matter to the 21 Regulator in person or by radio, telephone, fax or email. 22 Maximum penalty--$6000. 23 (2) The operator must keep, for at least 4 years, a written record 24 of a report of a malfunction under subsection (1), containing 25 the following particulars-- 26 (a) the type of malfunction to which the report relates; 27 (b) the date and time the operator became aware of the 28 malfunction; 29 (c) the location of the vehicle when the operator became 30 aware of the malfunction; 31 (d) the date and time the report was made; 32 (e) the location of the vehicle when the report was made; 33 Page 411

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (f) the way, in person or by radio, telephone, fax or email, 1 that the report was made; 2 (g) the name of the operator or, if someone else made the 3 report on behalf of the operator, the name of the person 4 who made the report; 5 (h) the name of the individual to whom the report was 6 made. 7 Maximum penalty--$6000. 8 407 Advising driver of driver's obligations about reporting 9 system malfunctions 10 (1) The operator of an intelligent access vehicle must take all 11 reasonable steps to tell the vehicle's driver before the vehicle 12 begins a journey-- 13 (a) about the vehicle driver's obligation under section 408; 14 and 15 (b) how the vehicle's driver can make the reports required 16 by that obligation. 17 Maximum penalty--$6000. 18 (2) The operator of an intelligent access vehicle is taken to 19 comply with subsection (1) if the operator-- 20 (a) gives the vehicle's driver a notice stating the information 21 mentioned in the subsection, including, for example, by 22 placing it in the vehicle's driving cabin in a clearly 23 visible position; or 24 (b) includes the information mentioned in the subsection in 25 a written contract of employment between the operator 26 and the vehicle's driver. 27 (3) The national regulations may prescribe-- 28 (a) a form of notice that may be used under subsection 29 (2)(a); and 30 (b) for the purposes of subsection (2)(b), a standard form of 31 words that may be used as part of a written contract of 32 employment. 33 Page 412

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Part 7.3 Obligations of drivers of 1 intelligent access vehicles 2 408 Reporting system malfunctions to operator 3 (1) If the driver of an intelligent access vehicle becomes aware 4 that a part of an approved intelligent transport system fitted to 5 the vehicle is malfunctioning or has malfunctioned, the driver 6 must as soon as practicable report the malfunction to the 7 vehicle's operator in person or by radio, telephone, fax or 8 email. 9 Maximum penalty--$6000. 10 (2) The driver must keep, for at least 4 years, a written record of a 11 report of a malfunction under subsection (1), containing the 12 following particulars-- 13 (a) the type of malfunction to which the report relates; 14 (b) the date and time the driver became aware of the 15 malfunction; 16 (c) the location of the vehicle when the driver became 17 aware of the malfunction; 18 (d) the date and time the report was made; 19 (e) the location of the vehicle when the report was made; 20 (f) the way, in person or by radio, telephone, fax or email, 21 that the report was made; 22 (g) the driver's name; 23 (h) the name of the individual to whom the report was 24 made. 25 Maximum penalty--$6000. 26 (3) Subsection (1) does not apply to the driver of a heavy vehicle 27 in relation to a malfunction of a part of an approved intelligent 28 transport system if another driver of the vehicle has complied 29 with the subsection in relation to the malfunction. 30 Page 413

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Part 7.4 Powers, duties and obligations 1 of intelligent access service 2 providers 3 409 Powers to collect and hold intelligent access information 4 An intelligent access service provider may collect and hold 5 intelligent access information for monitoring the relevant 6 monitoring matters for an intelligent access vehicle. 7 410 Collecting intelligent access information 8 (1) An intelligent access service provider must take all reasonable 9 steps to ensure the intelligent access information the service 10 provider collects-- 11 (a) is necessary for the purpose for which it is collected or a 12 directly related purpose; and 13 (b) is not excessive for that purpose; and 14 (c) is accurate, complete and up to date. 15 Maximum penalty--$6000. 16 (2) An intelligent access service provider must take all reasonable 17 steps to ensure the collection of intelligent access information 18 by the service provider does not intrude to an unreasonable 19 extent on the personal privacy of any individual to whom the 20 information relates. 21 Maximum penalty--$6000. 22 411 Keeping records of intelligent access information 23 collected 24 (1) An intelligent access service provider must keep, in a way 25 complying with subsection (2), records of the intelligent 26 access information collected by the service provider. 27 Maximum penalty--$6000. 28 Page 414

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (2) Records kept under subsection (1) must be organised in a way 1 that allows the records to be conveniently and properly 2 audited by an intelligent access auditor. 3 412 Protecting intelligent access information 4 An intelligent access service provider must take all reasonable 5 steps to protect intelligent access information collected by the 6 service provider against unauthorised access, unauthorised 7 use, misuse, loss, modification or unauthorised disclosure. 8 Maximum penalty--$6000. 9 413 Making individuals aware of personal information held 10 (1) An intelligent access service provider must prepare, and make 11 publicly available, a document setting out the service 12 provider's policies on the management of personal 13 information held by the service provider. 14 Examples of how a document is made publicly available-- 15 � making a document available at the service provider's office 16 � making a document available on the service provider's website 17 Maximum penalty--$6000. 18 (2) If asked by an individual about whom an intelligent access 19 service provider holds personal information, the service 20 provider must, within 28 days after receiving the request, give 21 the individual the following information if the service 22 provider can reasonably give the information-- 23 (a) the kind of information the service provider holds about 24 the individual; 25 (b) the purpose for which the information is held; 26 (c) the way in which the service provider collects, holds, 27 uses and discloses the information; 28 (d) the entities to whom the information may be disclosed; 29 (e) that, under this Chapter, the individual has rights of 30 access to the information or to have the information 31 Page 415

Heavy Vehicle National Law Amendment Bill 2012 [s 12] changed to ensure it is accurate, complete and up to 1 date; 2 (f) how the rights mentioned in paragraph (e) can be 3 exercised. 4 Maximum penalty--$6000. 5 (3) Subsection (2) does not require an intelligent access service 6 provider to inform an individual that a report under section 7 422 or 423 exists or has been made. 8 414 Giving individuals access to their personal information 9 (1) An intelligent access service provider must, if asked by an 10 individual about whom the service provider holds personal 11 information, give the individual access to the information as 12 soon as practicable and without cost. 13 Maximum penalty--$6000. 14 (2) Subsection (1) does not require an intelligent access service 15 provider to give an individual access to a report made under 16 section 422 or 423 or information showing that a report of that 17 kind exists or has been made. 18 415 Correcting errors etc. 19 (1) This section applies if an individual about whom an intelligent 20 access service provider holds personal information asks the 21 service provider to make a particular change to the personal 22 information. 23 (2) The intelligent access service provider must make the change 24 if the service provider is satisfied the change is appropriate to 25 ensure the personal information is accurate, complete and up 26 to date. 27 Maximum penalty--$6000. 28 (3) If the intelligent access service provider is not satisfied as 29 mentioned in subsection (2), the service provider may refuse 30 to comply with the request. 31 Page 416

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (4) If, under subsection (3), an intelligent access service provider 1 refuses to comply with an individual's request under 2 subsection (1), the service provider must-- 3 (a) give the individual a notice stating-- 4 (i) the service provider's reasons for refusing; and 5 (ii) that the individual may ask the service provider to 6 attach to or include with the personal information 7 the individual's request or a record of it; and 8 (b) if asked by the individual, attach to or include with the 9 personal information the request or a record of the 10 request. 11 Maximum penalty--$6000. 12 416 General restriction on use and disclosure of intelligent 13 access information 14 An intelligent access service provider must not use or disclose 15 intelligent access information other than as required or 16 authorised under this Law or another law. 17 Maximum penalty--$6000. 18 417 Giving intelligent access auditor access to records 19 An intelligent access service provider must give an intelligent 20 access auditor access to a record kept by the service provider 21 for the purposes of this Chapter. 22 Maximum penalty--$6000. 23 418 Powers to use and disclose intelligent access information 24 (1) An intelligent access service provider may use intelligent 25 access information for monitoring the relevant monitoring 26 matters for an intelligent access vehicle. 27 (2) An intelligent access service provider may disclose intelligent 28 access information to the Regulator for compliance purposes. 29 Page 417

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (3) An intelligent access service provider may disclose intelligent 1 access information to-- 2 (a) an authorised officer, other than a police officer, for law 3 enforcement purposes if so authorised by a warrant 4 issued under this Law; or 5 (b) an authorised officer who is a police officer, for law 6 enforcement purposes if so authorised by a warrant 7 issued under this Law or another law. 8 (4) If an intelligent access service provider discloses intelligent 9 access information to an authorised officer or a police officer 10 under this section, the officer must not use the information, or 11 disclose it to any other person, unless-- 12 (a) the officer believes the use or disclosure is reasonably 13 necessary for law enforcement purposes; or 14 (b) the use or disclosure is otherwise authorised under this 15 Law or any other law. 16 (5) An intelligent access service provider may disclose intelligent 17 access information about an operator of an intelligent access 18 vehicle to the operator. 19 (6) Subsection (5) does not apply to the following-- 20 (a) a noncompliance report about an intelligent access 21 vehicle operated by the operator; 22 (b) information that a noncompliance report has been made 23 about an intelligent access vehicle operated by the 24 operator; 25 (c) information disclosed under the authority of a warrant as 26 referred to in subsection (3). 27 (7) An intelligent access service provider may, with the written 28 consent of an operator of an intelligent access vehicle, 29 disclose intelligent access information about the operator to a 30 person other than the operator for any purpose if the 31 information-- 32 (a) does not identify any individual other than the operator; 33 and 34 Page 418

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (b) contains nothing by which the identity of any individual, 1 other than the operator, can reasonably be found out. 2 (8) An intelligent access service provider may use or disclose 3 intelligent access information that is personal information 4 with the written consent of the individual to whom the 5 personal information relates. 6 (9) This section is subject to section 424. 7 419 Keeping record of use or disclosure of intelligent access 8 information 9 (1) If an intelligent access service provider uses or discloses 10 intelligent access information, the service provider must, 11 within 7 days after the use or disclosure, make a record of the 12 use or disclosure that-- 13 (a) contains the information mentioned in subsection (2); 14 and 15 (b) is in a form that ensures the record is readily accessible 16 by an intelligent access auditor at the place where it is 17 kept. 18 Maximum penalty--$6000. 19 (2) The record must contain the following information-- 20 (a) the intelligent access service provider's name or, if 21 someone else used or disclosed the intelligent access 22 information on behalf of the service provider, the name 23 of the person who used or disclosed the intelligent 24 access information; 25 (b) the date of the use or disclosure; 26 (c) for a use of intelligent access information by or on 27 behalf of the intelligent access service provider, a brief 28 description of how the information was used; 29 (d) for a disclosure of intelligent access information by or 30 on behalf of the intelligent access service provider, the 31 entity to whom the information was disclosed; 32 Page 419

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (e) the provision of this Law or another law the intelligent 1 access service provider believes authorises the use or 2 disclosure; 3 (f) if the use or disclosure is authorised only under a 4 particular document (including, for example, a warrant, 5 a certificate or a consent), a copy of the document. 6 (3) An intelligent access service provider must keep a record 7 made under this section for at least 2 years. 8 Maximum penalty--$6000. 9 420 Keeping noncompliance report etc. 10 (1) This section applies if a noncompliance report is made by an 11 approved intelligent transport system operated by an 12 intelligent access service provider. 13 (2) The intelligent access service provider must keep the 14 following for at least 4 years after the noncompliance report is 15 made-- 16 (a) a copy of the report; 17 (b) the information relied on to make the report. 18 Example of information that could be relied on to make a noncompliance 19 report-- 20 GPS information about a vehicle's position at a particular time 21 Maximum penalty--$6000. 22 421 Destroying intelligent access information etc. 23 (1) An intelligent access service provider must take all reasonable 24 steps-- 25 (a) to destroy intelligent access information collected by the 26 provider 1 year after the information is collected by the 27 service provider; and 28 (b) to destroy a record the service provider is required to 29 keep under section 419 within 1 year after the service 30 provider is no longer required to keep the record under 31 that section. 32 Page 420

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Maximum penalty--$6000. 1 (2) This section does not apply to a noncompliance report or 2 information the intelligent access service provider is required 3 to keep under section 420. 4 422 Reporting relevant contraventions to Regulator 5 (1) This section applies if an intelligent access service provider 6 knows of a relevant contravention for an intelligent access 7 vehicle. 8 (2) The intelligent access service provider must, within 7 days, 9 give the Regulator a report about the relevant contravention in 10 the approved form. 11 Maximum penalty--$6000. 12 (3) For the purposes of subsection (1), an intelligent access 13 service provider is taken to know of a relevant contravention 14 for an intelligent access vehicle if the service provider's 15 approved intelligent transport system has detected the 16 contravention. 17 423 Reporting tampering or suspected tampering with 18 approved intelligent transport system 19 (1) If an intelligent access service provider knows, or has 20 reasonable grounds to suspect, an approved intelligent 21 transport system has been tampered with, the service provider 22 must report the matter to the Regulator-- 23 (a) within 7 days; and 24 (b) in the approved form. 25 Maximum penalty--$6000. 26 (2) If an intelligent access service provider knows, or has 27 reasonable grounds to suspect, a back-office intelligent 28 transport system has been tampered with, the service provider 29 must report the matter to TCA-- 30 (a) within 7 days; and 31 (b) in the approved form. 32 Page 421

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Maximum penalty--$6000. 1 (3) For the purposes of subsections (1) and (2), an intelligent 2 access service provider does not know, or have reasonable 3 grounds to suspect, an approved intelligent transport system 4 or back-office intelligent transport system has been tampered 5 with merely because the service provider has-- 6 (a) accessed a report made by the system (including a 7 noncompliance report) indicating that apparent 8 tampering with the system has been detected 9 electronically; or 10 (b) analysed information generated by the system. 11 (4) In this section-- 12 back-office intelligent transport system means that part of an 13 approved intelligent transport system that is not fitted, and is 14 not intended to be fitted, to an intelligent access vehicle. 15 424 Restriction on disclosing information about tampering or 16 suspected tampering with approved intelligent transport 17 system 18 (1) If an intelligent access service provider knows, or has 19 reasonable grounds to suspect, an approved intelligent 20 transport system has been tampered with, the service provider 21 must not disclose to any entity (other than the Regulator and 22 TCA) the following-- 23 (a) information that the service provider has that knowledge 24 or suspicion; 25 (b) information from which it could reasonably be inferred 26 that the service provider has that knowledge or 27 suspicion. 28 Maximum penalty--$6000. 29 (2) For the purposes of subsection (1), an intelligent access 30 service provider does not know, or have reasonable grounds to 31 suspect, an approved intelligent transport system has been 32 tampered with merely because the service provider has-- 33 Page 422

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) accessed a report made by the system (including a 1 noncompliance report) indicating that apparent 2 tampering with the system has been detected 3 electronically; or 4 (b) analysed information generated by the system. 5 (3) If an intelligent access service provider has made a report to 6 the Regulator under section 423(1) of apparent or suspected 7 tampering, the service provider must not disclose to any entity 8 (other than the Regulator) the following-- 9 (a) information that the report has been made; 10 (b) information from which it could reasonably be inferred 11 that the service provider has made the report. 12 Maximum penalty--$6000. 13 (4) If an intelligent access service provider has made a report to 14 TCA under section 423(2) of apparent or suspected 15 tampering, the service provider must not disclose to any entity 16 (other than the Regulator and TCA) the following-- 17 (a) information that the report has been made; 18 (b) information from which it could reasonably be inferred 19 that the service provider has made the report. 20 Maximum penalty--$6000. 21 (5) Subsection (1), (3) or (4) does not apply if the disclosure of 22 the information to which the subsection applies is authorised 23 under another law. 24 Part 7.5 Functions, powers, duties and 25 obligations of TCA 26 425 Functions of TCA 27 (1) TCA has the following functions for the purposes of this 28 Chapter-- 29 Page 423

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) approving, and cancelling the approval of, intelligent 1 transport systems for use by intelligent access service 2 providers to monitor the relevant monitoring matters for 3 an intelligent access vehicle; 4 (b) managing the certification and audit regime for the 5 Intelligent Access Program; 6 (c) certifying and auditing, and cancelling the certification 7 of, intelligent access service providers; 8 (d) engaging individuals, consultants and contractors to 9 assist TCA in the exercise of its auditing activities. 10 (2) An approval, certification or engagement under subsection (1) 11 may be given or made unconditionally or subject to stated 12 conditions imposed or varied from time to time. 13 426 Powers to collect and hold intelligent access information 14 TCA may collect and hold intelligent access information-- 15 (a) for the exercise of its functions mentioned in section 16 425; or 17 (b) for law enforcement purposes. 18 427 Collecting intelligent access information 19 (1) TCA must take all reasonable steps to ensure the intelligent 20 access information it collects-- 21 (a) is necessary for the purpose for which it is collected or a 22 directly related purpose; and 23 (b) is not excessive for that purpose; and 24 (c) is accurate, complete and up to date. 25 Maximum penalty--$6000. 26 (2) TCA must take all reasonable steps to ensure the collection of 27 intelligent access information by it does not intrude to an 28 unreasonable extent on the personal privacy of any individual 29 to whom the information relates. 30 Maximum penalty--$6000. 31 Page 424

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 428 Protecting intelligent access information collected 1 TCA must take all reasonable steps to protect intelligent 2 access information collected by it against unauthorised 3 access, unauthorised use, misuse, loss, modification or 4 unauthorised disclosure. 5 Maximum penalty--$6000. 6 429 Making individuals aware of personal information held 7 (1) TCA must prepare, and make publicly available, a document 8 setting out its policies on the management of personal 9 information held by it. 10 Examples of how a document is made publicly available-- 11 � making a document available at TCA's office 12 � making a document available on TCA's website 13 Maximum penalty--$6000. 14 (2) If asked by an individual about whom TCA holds personal 15 information, TCA must, within 28 days after receiving the 16 request, give the individual the following information if it can 17 reasonably give the information-- 18 (a) the kind of information it holds about the individual; 19 (b) the purpose for which the information is held; 20 (c) the way in which it collects, holds, uses and discloses 21 the information; 22 (d) the entities to whom the information may be disclosed; 23 (e) that, under this Chapter, the individual has rights of 24 access to the information or to have the information 25 changed to ensure it is accurate, complete and up to 26 date; 27 (f) how the rights mentioned in paragraph (e) can be 28 exercised. 29 Maximum penalty--$6000. 30 Page 425

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (3) Subsection (2) does not require TCA to inform an individual 1 that a report under section 422, 423, 438, 451 or 452 exists or 2 has been made. 3 430 Giving individuals access to their personal information 4 (1) TCA must, if asked by an individual about whom TCA holds 5 personal information, give the individual access to the 6 information as soon as practicable and without cost. 7 Maximum penalty--$6000. 8 (2) Subsection (1) does not require TCA to give an individual 9 access to a report made under section 422, 423, 438, 451 or 10 452 or information showing that a report of that kind exists or 11 has been made. 12 431 Correcting errors etc. 13 (1) This section applies if an individual about whom TCA holds 14 personal information asks TCA to make a particular change to 15 the personal information. 16 (2) TCA must make the change if it is satisfied the change is 17 appropriate to ensure the personal information is accurate, 18 complete and up to date. 19 Maximum penalty--$6000. 20 (3) If TCA is not satisfied as mentioned in subsection (2), it may 21 refuse to comply with the request. 22 (4) If TCA refuses, under subsection (3), to comply with an 23 individual's request, it must give the individual a notice 24 stating-- 25 (a) TCA's reasons for refusing; and 26 (b) that the individual may ask TCA to attach to or include 27 with the personal information the individual's request or 28 a record of it. 29 (5) If an individual referred to in subsection (4) asks TCA to do 30 so, it must attach to or include with the personal information 31 the request or a record of the request. 32 Page 426

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Maximum penalty--$6000. 1 432 General restriction on use and disclosure of intelligent 2 access information 3 TCA must not use or disclose intelligent access information 4 other than as required or authorised under this Law or another 5 law. 6 Maximum penalty--$6000. 7 433 Powers to use and disclose intelligent access information 8 (1) TCA may use or disclose intelligent access information-- 9 (a) for the exercise of its functions mentioned in section 10 425; or 11 (b) for law enforcement purposes. 12 (2) TCA may disclose intelligent access information to the 13 Regulator if it is satisfied the information is relevant to the 14 Regulator's functions under this Law. 15 (3) TCA may disclose intelligent access information to an 16 intelligent access auditor if it is satisfied the information is 17 relevant to an intelligent access audit the auditor is 18 conducting. 19 (4) TCA may disclose intelligent access information relating to a 20 particular operator of an intelligent access vehicle to the 21 operator. 22 (5) TCA may, with the written consent of an operator of an 23 intelligent access vehicle, disclose intelligent access 24 information about the operator to a person other than the 25 operator for any purpose if the information-- 26 (a) does not identify any individual other than the operator; 27 and 28 (b) contains nothing by which the identity of any individual, 29 other than the operator, can reasonably be found out. 30 Page 427

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (6) TCA may use or disclose intelligent access information for 1 research purposes if the information contains no personal 2 information. 3 (7) TCA may use or disclose intelligent access information that is 4 personal information with the written consent of the 5 individual to whom the personal information relates. 6 (8) This section is subject to section 439. 7 434 Restriction about intelligent access information that may 8 be used or disclosed 9 TCA must not use or disclose intelligent access information 10 unless TCA is reasonably satisfied, having regard to the 11 purpose for which the information is to be used or disclosed, 12 the information is accurate, complete and up to date. 13 Maximum penalty--$6000. 14 435 Keeping record of use or disclosure of intelligent access 15 information 16 (1) If TCA uses or discloses intelligent access information, TCA 17 must, within 7 days after the use or disclosure, make a record 18 of the use or disclosure that-- 19 (a) contains the information mentioned in subsection (2); 20 and 21 (b) is in a form that ensures the record is readily accessible 22 by an authorised officer at the place where it is kept. 23 Maximum penalty--$6000. 24 (2) The record must contain the following information-- 25 (a) the name of the person who used or disclosed the 26 intelligent access information on behalf of TCA; 27 (b) the date of the use or disclosure; 28 (c) for a use of intelligent access information by or on 29 behalf of TCA, a brief description of how the 30 information was used; 31 Page 428

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (d) for a disclosure of intelligent access information by or 1 on behalf of TCA, the entity to whom the information 2 was disclosed; 3 (e) the provision of this Law or another law TCA believes 4 authorises the use or disclosure; 5 (f) if the use or disclosure is authorised only with a 6 particular document (including, for example, a warrant, 7 a certificate or a consent), a copy of the document. 8 (3) TCA must keep a record made under this section for at least 2 9 years. 10 Maximum penalty--$6000. 11 436 Keeping noncompliance reports 12 TCA must keep any noncompliance report received by it for at 13 least 4 years after its receipt. 14 Maximum penalty--$6000. 15 437 Destroying intelligent access information or removing 16 personal information from it 17 (1) TCA must take all reasonable steps to destroy intelligent 18 access information collected by it-- 19 (a) generally--1 year after the information is collected; or 20 (b) if, at the end of the period mentioned in paragraph (a), 21 the information is required for law enforcement 22 purposes--as soon as practicable after the information 23 ceases to be required for law enforcement purposes. 24 Maximum penalty--$6000. 25 (2) TCA is taken to have complied with subsection (1) for 26 intelligent access information if it permanently removes 27 anything by which an individual can be identified from the 28 information. 29 (3) This section does not apply to a noncompliance report TCA is 30 required to keep under section 436. 31 Page 429

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 438 Reporting tampering or suspected tampering with, or 1 malfunction or suspected malfunction of, approved 2 intelligent transport system to Regulator 3 (1) If TCA knows, or has reasonable grounds to suspect, an 4 approved intelligent transport system has been tampered with 5 or has malfunctioned, TCA must report the matter to the 6 Regulator within 7 days. 7 Maximum penalty--$6000. 8 (2) For the purposes of subsection (1), TCA does not know, or 9 have reasonable grounds to suspect, an approved intelligent 10 transport system has been tampered with or has malfunctioned 11 merely because it has-- 12 (a) accessed a report made by the system (including a 13 noncompliance report) indicating that apparent 14 tampering with, or malfunctioning of, the system has 15 been detected electronically; or 16 (b) analysed information generated by the system. 17 439 Restriction on disclosing information about tampering or 18 suspected tampering with approved intelligent transport 19 system 20 (1) If TCA knows, or has reasonable grounds to suspect, an 21 approved intelligent transport system has been tampered with, 22 TCA must not disclose the following to any entity other than 23 the Regulator-- 24 (a) information that TCA has that knowledge or suspicion; 25 (b) information from which it could reasonably be inferred 26 that TCA has that knowledge or suspicion. 27 Maximum penalty--$6000. 28 (2) For the purposes of subsection (1), TCA does not know or 29 have reasonable grounds to suspect an approved intelligent 30 transport system has been tampered with merely because it 31 has-- 32 (a) accessed a report made by the system (including a 33 noncompliance report) indicating that apparent 34 Page 430

Heavy Vehicle National Law Amendment Bill 2012 [s 12] tampering with the system has been detected 1 electronically; or 2 (b) analysed information generated by the system. 3 (3) If TCA has made a report of apparent or suspected tampering 4 to the Regulator under section 438, TCA must not disclose to 5 any entity other than the Regulator the following-- 6 (a) information that the report has been made; 7 (b) information from which it could reasonably be inferred 8 that TCA has made the report. 9 Maximum penalty--$6000. 10 (4) Subsection (1) or (3) does not apply if the disclosure of the 11 information to which the subsection applies is authorised 12 under another law. 13 Part 7.6 Powers, duties and obligations 14 of intelligent access auditors 15 440 Powers to collect and hold intelligent access information 16 An intelligent access auditor may collect and hold intelligent 17 access information for conducting an intelligent access audit. 18 441 Collecting intelligent access information 19 (1) An intelligent access auditor must take all reasonable steps to 20 ensure intelligent access information the auditor collects-- 21 (a) is necessary for the purpose for which it is collected or a 22 directly related purpose; and 23 (b) is not excessive for that purpose; and 24 (c) is accurate, complete and up to date. 25 Maximum penalty--$6000. 26 Page 431

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (2) An intelligent access auditor must take all reasonable steps to 1 ensure the collection of intelligent access information by the 2 auditor does not intrude to an unreasonable extent on the 3 personal privacy of any individual to whom the information 4 relates. 5 Maximum penalty--$6000. 6 442 Protecting intelligent access information collected 7 An intelligent access auditor must take all reasonable steps to 8 protect intelligent access information collected by the auditor 9 against unauthorised access, unauthorised use, misuse, loss, 10 modification or unauthorised disclosure. 11 Maximum penalty--$6000. 12 443 Making individuals aware of personal information held 13 (1) If asked by an individual about whom an intelligent access 14 auditor holds personal information, the auditor must, within 15 28 days after receiving the request, give the individual the 16 following information if the auditor can reasonably give the 17 information-- 18 (a) the kind of information the auditor holds about the 19 individual; 20 (b) the purpose for which the information is held; 21 (c) the entities to whom the information may be disclosed; 22 (d) that, under this Chapter, the individual has rights of 23 access to the information or to have the information 24 changed to ensure it is accurate, complete and up to 25 date; 26 (e) how the rights mentioned in paragraph (d) can be 27 exercised. 28 Maximum penalty--$6000. 29 (2) Subsection (1) does not require an intelligent access auditor to 30 inform an individual that a report under section 422, 423, 438, 31 451 or 452 exists or has been made. 32 Page 432

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 444 Giving individuals access to their personal information 1 (1) An intelligent access auditor must, if asked by an individual 2 about whom the auditor holds personal information, give the 3 individual access to the information as soon as practicable and 4 without cost. 5 Maximum penalty--$6000. 6 (2) Subsection (1) does not require an intelligent access auditor to 7 give an individual access to a report made under section 422, 8 423, 438, 451 or 452. 9 445 Correcting errors etc. 10 (1) This section applies if an individual about whom an intelligent 11 access auditor holds personal information asks the auditor to 12 make a particular change to the personal information. 13 (2) The intelligent access auditor must make the change if the 14 auditor is satisfied the change is appropriate to ensure the 15 personal information is accurate, complete and up to date. 16 Maximum penalty--$6000. 17 (3) If the intelligent access auditor is not satisfied as mentioned in 18 subsection (2), the auditor may refuse to comply with the 19 request. 20 (4) If, under subsection (3), an intelligent access auditor refuses 21 to comply with an individual's request, the auditor must-- 22 (a) give the individual a notice stating-- 23 (i) the auditor's reasons for refusing; and 24 (ii) that the individual may ask the auditor to attach to 25 or include with the personal information the 26 individual's request or a record of it; and 27 (b) if asked by the individual, attach to or include with the 28 personal information the request or a record of the 29 request. 30 Maximum penalty--$6000. 31 Page 433

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 446 General restriction on use and disclosure of intelligent 1 access information 2 An intelligent access auditor must not use or disclose 3 intelligent access information other than as required or 4 authorised under this Law or another law. 5 Maximum penalty--$6000. 6 447 Powers to use and disclose intelligent access information 7 (1) An intelligent access auditor may use and disclose intelligent 8 access information for-- 9 (a) conducting an intelligent access audit; or 10 (b) reporting, to TCA, any of the following-- 11 (i) a relevant contravention for an intelligent access 12 vehicle; 13 (ii) tampering or suspected tampering with an 14 approved intelligent transport system by an 15 operator of an intelligent access vehicle; 16 (iii) tampering or suspected tampering with an approved 17 intelligent transport system by an intelligent access 18 service provider; 19 (iv) a failure by an intelligent access service provider to 20 comply with the service provider's obligations 21 under this Chapter. 22 (2) An intelligent access auditor may disclose intelligent access 23 information to the Regulator if the auditor is reasonably 24 satisfied the information is relevant to the Regulator's 25 functions under this Law. 26 (3) An intelligent access auditor may disclose intelligent access 27 information to TCA if the auditor is reasonably satisfied the 28 information is relevant to TCA's functions under this Chapter. 29 (4) An intelligent access auditor may disclose intelligent access 30 information relating to a particular operator of an intelligent 31 access vehicle to the operator. 32 Page 434

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (5) An intelligent access auditor may use and disclose intelligent 1 access information that is personal information with the 2 written consent of the individual to whom the personal 3 information relates. 4 (6) This section is subject to section 453. 5 448 Restriction about intelligent access information that may 6 be used or disclosed 7 An intelligent access auditor must not use or disclose 8 intelligent access information unless the auditor is reasonably 9 satisfied, having regard to the purpose for which the 10 information is to be used or disclosed, the information is 11 accurate, complete and up to date. 12 Maximum penalty--$6000. 13 449 Keeping record of use or disclosure of intelligent access 14 information 15 (1) If an intelligent access auditor uses or discloses intelligent 16 access information, the auditor must, within 7 days after the 17 use or disclosure, make a record of the use or disclosure 18 that-- 19 (a) contains the information mentioned in subsection (2); 20 and 21 (b) is in a form that ensures the record is readily accessible 22 by an authorised officer at the place where it is kept. 23 Maximum penalty--$6000. 24 (2) The record must contain the following information-- 25 (a) the intelligent access auditor's name or, if someone else 26 used or disclosed the intelligent access information on 27 behalf of the auditor, the name of the person who used 28 or disclosed the intelligent access information; 29 (b) the date of the use or disclosure; 30 Page 435

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (c) for a use of intelligent access information by or on 1 behalf of the auditor, a brief description of how the 2 information was used; 3 (d) for a disclosure of intelligent access information by or 4 on behalf of the auditor, the entity to whom the 5 information was disclosed; 6 (e) the provision of this Law or another law the auditor 7 believes authorises the use or disclosure; 8 (f) if the use or disclosure is authorised only under a 9 particular document (including, for example, a warrant, 10 a certificate or a consent), a copy of the document. 11 Maximum penalty--$6000. 12 (3) An intelligent access auditor must keep a record made under 13 this section for at least 2 years. 14 Maximum penalty--$6000. 15 450 Destroying intelligent access information or removing 16 personal information from it 17 (1) An intelligent access auditor must take all reasonable steps to 18 destroy intelligent access information held by the auditor that 19 is no longer needed for an intelligent access audit conducted 20 by the auditor. 21 Maximum penalty--$6000. 22 (2) An intelligent access auditor is taken to have complied with 23 subsection (1) for intelligent access information if the auditor 24 permanently removes anything by which an individual can be 25 identified from the information. 26 451 Reporting contraventions by intelligent access service 27 providers to TCA 28 If an intelligent access auditor knows, or has reasonable 29 grounds to suspect, an intelligent access service provider has 30 Page 436

Heavy Vehicle National Law Amendment Bill 2012 [s 12] contravened an obligation under this Chapter, the auditor 1 must, as soon as practicable, report the matter to TCA. 2 Maximum penalty--$6000. 3 452 Reporting tampering or suspected tampering with 4 approved intelligent transport system to Regulator or 5 TCA 6 If an intelligent access auditor knows, or has reasonable 7 grounds to suspect, an approved intelligent transport system 8 has been tampered with, the auditor must, as soon as 9 practicable, report the matter-- 10 (a) for tampering or suspected tampering by an operator of 11 an intelligent access vehicle--to the Regulator; or 12 (b) for tampering or suspected tampering by an intelligent 13 access service provider--to TCA. 14 Maximum penalty--$6000. 15 453 Restriction on disclosing information about tampering or 16 suspected tampering with approved intelligent transport 17 system 18 (1) If an intelligent access auditor knows, or has reasonable 19 grounds to suspect, an approved intelligent transport system 20 has been tampered with, the auditor must not disclose the 21 following to any entity other than the Regulator or TCA-- 22 (a) information that the auditor has that knowledge or 23 suspicion; 24 (b) information from which it could reasonably be inferred 25 that the auditor has that knowledge or suspicion. 26 Maximum penalty--$6000. 27 (2) If an intelligent access auditor has made a report to the 28 Regulator or TCA under section 452 of apparent or suspected 29 tampering, the auditor must not disclose the following to any 30 entity other than the Regulator or TCA-- 31 (a) information that the report has been made; 32 Page 437

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (b) information from which it could reasonably be inferred 1 that the auditor has made the report. 2 Maximum penalty--$6000. 3 (3) Subsection (1) or (2) does not apply if the disclosure of the 4 information to which the subsection applies is authorised 5 under another law. 6 Part 7.7 Other provisions 7 454 Offence to tamper with approved intelligent transport 8 system 9 (1) A person commits an offence if-- 10 (a) the person tampers with an approved intelligent 11 transport system; and 12 (b) the person does so with the intention of causing the 13 system to-- 14 (i) fail to generate, record, store, display, analyse, 15 transmit or report intelligent access information; or 16 (ii) fail to generate, record, store, display, analyse, 17 transmit or report intelligent access information 18 correctly. 19 Maximum penalty--$10000. 20 (2) A person commits an offence if-- 21 (a) the person tampers with an approved intelligent 22 transport system; and 23 (b) the person is negligent or reckless as to whether, as a 24 result of the tampering, the system may-- 25 (i) fail to generate, record, store, display, analyse, 26 transmit or report intelligent access information; or 27 Page 438

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (ii) fail to generate, record, store, display, analyse, 1 transmit or report intelligent access information 2 correctly. 3 Maximum penalty--$8000. 4 (3) In this section-- 5 fail-- 6 (a) means does not perform as intended in relation to 7 accuracy, timeliness, reliability, verifiability or any other 8 performance requirement or standard; and 9 (b) includes fail permanently, fail temporarily, fail on a 10 particular occasion and fail in particular circumstances. 11 455 Regulator may issue intelligent access identifiers 12 (1) The Regulator may issue a distinguishing number for an 13 intelligent access vehicle that indicates the vehicle is an 14 intelligent access vehicle (an intelligent access identifier). 15 (2) The intelligent access identifier may consist of numbers or 16 letters or a combination of numbers and letters. 17 (3) If an intelligent access identifier is, or becomes, known to an 18 entity that has the ability to associate it with a particular 19 individual, the entity must treat the identifier as personal 20 information for the purposes of this Chapter or a law relating 21 to privacy. 22 Chapter 8 Accreditation 23 Part 8.1 Preliminary 24 456 Purpose of Ch 8 25 The purpose of accreditation under this Law is to allow 26 operators of heavy vehicles who implement management 27 Page 439

Heavy Vehicle National Law Amendment Bill 2012 [s 12] systems that achieve the objectives of particular aspects of this 1 Law to be subject to alternative requirements under this Law, 2 in relation to the aspects, that are more suited to the operators' 3 business operations. 4 457 Definitions for Ch 8 5 In this Chapter-- 6 AFM fatigue management system, for an operator of a 7 fatigue-regulated heavy vehicle, means the operator's 8 management system for ensuring compliance with the AFM 9 standards and business rules, including by-- 10 (a) recording the name, current driver licence number and 11 contact details of each driver who is currently operating 12 under the operator's AFM accreditation; and 13 (b) ensuring each of the drivers is in a fit state-- 14 (i) to safely perform required duties; and 15 (ii) to meet any specified medical requirements; and 16 (c) ensuring each of the drivers-- 17 (i) has been inducted into the system; and 18 (ii) has been informed of the AFM hours applying 19 under the operator's AFM accreditation; and 20 (d) ensuring anyone employed in the operator's business, 21 who has responsibilities relating to scheduling or 22 managing the fatigue of the drivers-- 23 (i) has been inducted into the system; and 24 (ii) has been informed of the AFM hours applying 25 under the operator's AFM accreditation. 26 AFM standards and business rules means the standards and 27 business rules for advanced fatigue management approved by 28 the responsible Ministers. 29 Note-- 30 A copy of the AFM standards and business rules is published on the 31 Regulator's website. 32 Page 440

Heavy Vehicle National Law Amendment Bill 2012 [s 12] approved, by the responsible Ministers, means approved by 1 the responsible Ministers under section 654. 2 approved auditor means an auditor of a class approved by the 3 responsible Ministers. 4 Note-- 5 Details of the approved classes are published on the Regulator's 6 website. 7 BFM fatigue management system, for an operator of a 8 fatigue-regulated heavy vehicle, means the operator's 9 management system for ensuring compliance with the BFM 10 standards and business rules, including by-- 11 (a) recording the name, current driver licence number and 12 contact details of each driver who is currently operating 13 under the operator's BFM accreditation; and 14 (b) ensuring each of the drivers is in a fit state-- 15 (i) to safely perform required duties; and 16 (ii) to meet any specified medical requirements; and 17 (c) ensuring each of the drivers-- 18 (i) has been inducted into the system; and 19 (ii) has been informed of the BFM hours; and 20 (d) ensuring anyone employed in the operator's business, 21 who has responsibilities relating to scheduling or 22 managing the fatigue of the drivers-- 23 (i) has been inducted into the system; and 24 (ii) has been informed of the BFM hours. 25 BFM standards and business rules means the standards and 26 business rules for basic fatigue management approved by the 27 responsible Ministers. 28 Note-- 29 A copy of the BFM standards and business rules is published on the 30 Regulator's website. 31 maintenance management standards and business rules 32 means the standards and business rules for heavy vehicle 33 Page 441

Heavy Vehicle National Law Amendment Bill 2012 [s 12] maintenance management approved by the responsible 1 Ministers. 2 Note-- 3 A copy of the maintenance management standards and business rules is 4 published on the Regulator's website. 5 maintenance management system, for an operator of a heavy 6 vehicle, means the operator's management system for 7 ensuring compliance with the maintenance management 8 standards and business rules, including by-- 9 (a) identifying each heavy vehicle currently being operated 10 in accordance with the management system; and 11 (b) for each heavy vehicle being operated in accordance 12 with the management system, having measures for the 13 following-- 14 (i) daily checks of the condition of the vehicle, and its 15 components and equipment, for each day on which 16 the vehicle is driven on a road; 17 (ii) recording and reporting vehicle faults; 18 (iii) identifying, assessing and rectifying all identified 19 faults; 20 (iv) periodic maintenance of the vehicle; and 21 (c) keeping records relating to the operation of the 22 management system. 23 mass management standards and business rules means the 24 standards and business rules for heavy vehicle mass 25 management approved by the responsible Ministers. 26 Note-- 27 A copy of the mass management standards and business rules is 28 published on the Regulator's website. 29 mass management system, for an operator of a heavy vehicle, 30 means the operator's management system for ensuring 31 compliance with the mass management standards and 32 business rules, including by-- 33 (a) identifying each heavy vehicle currently being operated 34 in accordance with the management system; and 35 Page 442

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (b) for each heavy vehicle being operated in accordance 1 with the management system, having measures for the 2 following-- 3 (i) weighing the vehicle and its load before it starts a 4 journey, or starts a part of a journey after the 5 vehicle's load is changed; 6 (ii) recording each measurement made under 7 subparagraph (i) in a form that allows the record to 8 be readily available for inspection by an approved 9 auditor; 10 (iii) ensuring the vehicle's suspension system accords 11 with the specifications given by its manufacturer or 12 a qualified mechanical engineer; and 13 (c) keeping records relating to the operation of the 14 management system. 15 relevant management system means-- 16 (a) for maintenance management accreditation--a 17 maintenance management system; or 18 (b) for mass management accreditation--a mass 19 management system; or 20 (c) for BFM accreditation--a BFM fatigue management 21 system; or 22 (d) for AFM accreditation--an AFM fatigue management 23 system. 24 relevant standards and business rules means-- 25 (a) for maintenance management accreditation--the 26 maintenance management standards and business rules; 27 or 28 (b) for mass management accreditation--the mass 29 management standards and business rules; or 30 (c) for BFM accreditation--the BFM standards and 31 business rules; or 32 (d) for AFM accreditation--the AFM standards and 33 business rules. 34 Page 443

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Part 8.2 Grant of heavy vehicle 1 accreditation 2 458 Regulator's power to grant heavy vehicle accreditation 3 The Regulator may grant an operator of a heavy vehicle-- 4 (a) an accreditation exempting, for a period of not more 5 than 3 years, the vehicle from the requirement to be 6 inspected before renewal of registration of the vehicle 7 under this Law (maintenance management 8 accreditation); or 9 (b) an accreditation allowing, for a period of not more than 10 3 years, the vehicle to operate at concessional mass 11 limits or higher mass limits applying under the mass 12 requirements (mass management accreditation); or 13 (c) an accreditation allowing, for a period of not more than 14 3 years, drivers of the vehicle to operate under BFM 15 hours (BFM accreditation); or 16 (d) an accreditation allowing, for a period of not more than 17 3 years, drivers of the vehicle to operate under AFM 18 hours (AFM accreditation). 19 459 Application for heavy vehicle accreditation 20 (1) An operator of a heavy vehicle may apply to the Regulator for 21 heavy vehicle accreditation under this Law. 22 (2) The application must be-- 23 (a) in the approved form; and 24 (b) accompanied by the following-- 25 (i) a statement by the applicant that the applicant has a 26 relevant management system for ensuring 27 compliance with the relevant standards and 28 business rules; 29 (ii) a statement from an approved auditor that the 30 auditor considers the applicant's relevant 31 Page 444

Heavy Vehicle National Law Amendment Bill 2012 [s 12] management system will ensure compliance with 1 the relevant standards and business rules; 2 (iii) any other information required for the application 3 under the relevant standards and business rules; 4 (iv) the prescribed fee for the application. 5 (3) The application must also be accompanied by a declaration by 6 the applicant, declared to be made after having taken all 7 reasonable steps to find out the following information, of the 8 applicant's knowledge of that information-- 9 (a) whether, in the 5 years immediately before the 10 application was made, the applicant or an associate of 11 the applicant has been convicted of any of the following 12 offences and, if so, details of the conviction-- 13 (i) an offence against this Law or a previous 14 corresponding law; 15 (ii) an offence involving fraud or dishonesty 16 punishable on conviction by imprisonment of 6 17 months or more, whether committed in this 18 jurisdiction or elsewhere; 19 (b) whether the applicant or an associate of the applicant 20 has had the applicant's or associate's accreditation under 21 this Chapter or a previous corresponding law, amended, 22 suspended or cancelled under this Chapter or that law 23 and, if so, details of the amendment, suspension or 24 cancellation. 25 (4) Subsection (3)(b) does not require the applicant to declare 26 information about an amendment, suspension or cancellation 27 of an accreditation that happened because of a conviction if 28 the operator is not required to declare the information about 29 the conviction under subsection (3)(a). 30 (5) The Regulator may, by notice given to the applicant, require 31 the applicant-- 32 (a) to give the Regulator any additional information the 33 Regulator reasonably requires to decide the application; 34 or 35 Page 445

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (b) to verify by statutory declaration any information 1 relating to the application given to the Regulator. 2 460 Obtaining criminal history information about applicant 3 (1) The Regulator may, by notice, ask an applicant for heavy 4 vehicle accreditation under this Law for written consent for 5 the Regulator to obtain the applicant's prescribed criminal 6 history. 7 (2) If the applicant does not consent, or withdraws his or her 8 consent, to the Regulator obtaining the applicant's prescribed 9 criminal history, the application is taken to have been 10 withdrawn. 11 (3) If the applicant gives written consent to the Regulator 12 obtaining the applicant's prescribed criminal history, the 13 Regulator may ask a police commissioner for a written report 14 about the applicant's prescribed criminal history. 15 (4) The request may include the following-- 16 (a) the applicant's name and any other name the Regulator 17 believes the applicant may use or may have used; 18 (b) the applicant's date and place of birth, gender and 19 address. 20 (5) The police commissioner must give the requested report to the 21 Regulator. 22 (6) In this section-- 23 prescribed criminal history, of an applicant for heavy vehicle 24 accreditation under this Law, means information about each 25 conviction of the applicant, within the 5 years immediately 26 before the application was made, of-- 27 (a) an offence against this Law or a previous corresponding 28 law; or 29 (b) an offence involving fraud or dishonesty punishable on 30 conviction by imprisonment of 6 months or more, 31 whether committed in this jurisdiction or elsewhere. 32 Page 446

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 461 Restriction on grant of heavy vehicle accreditation 1 (1) The Regulator may grant an applicant heavy vehicle 2 accreditation only if the Regulator is satisfied-- 3 (a) the applicant has in place a relevant management system 4 for operations to be carried out under the accreditation; 5 and 6 (b) the applicant is able to comply with this Law, having 7 regard to-- 8 (i) the information provided to the Regulator under 9 this Part; and 10 (ii) the matters to which the Regulator may or must 11 have regard under subsection (4); and 12 (c) the applicant is a suitable person to be granted the 13 accreditation, having regard to-- 14 (i) the information provided to the Regulator under 15 this Part; and 16 (ii) the matters to which the Regulator may or must 17 have regard under subsection (4); and 18 (d) for AFM accreditation-- 19 (i) the driver fatigue management practices stated in 20 the applicant's AFM fatigue management system, 21 together with the maximum work times and 22 minimum rest times that are to apply to drivers 23 operating under the accreditation would, if 24 complied with, safely manage the risk of driver 25 fatigue; and 26 (ii) the applicant and drivers operating under the 27 accreditation are likely to follow the driver fatigue 28 management practices consistently and effectively; 29 and 30 (iii) the drivers operating under the accreditation are 31 likely to comply with the maximum work times 32 and minimum rest times that are to apply to the 33 drivers under the accreditation. 34 Page 447

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (2) In considering the maximum work times and minimum rest 1 times that are to apply to drivers operating under an AFM 2 accreditation, the Regulator-- 3 (a) must be satisfied the maximum work times and 4 minimum rest times appear to provide a safe balance 5 between work, rest, risk management and fatigue 6 countermeasures; and 7 (b) must not set maximum work times and minimum rest 8 times the Regulator considers would be unsafe, having 9 regard to the applicant's AFM fatigue management 10 system and any relevant body of fatigue knowledge. 11 (3) The Regulator may grant an AFM accreditation setting 12 maximum work times and minimum rest times different to the 13 maximum work times and minimum rest times sought by the 14 applicant. 15 (4) In deciding an application for a heavy vehicle accreditation, 16 the Regulator-- 17 (a) may have regard to anything the Regulator considers 18 relevant including-- 19 (i) the results of any audits carried out on the 20 applicant's relevant management system; and 21 (ii) for assessing an applicant's AFM fatigue 22 management system--any relevant body of fatigue 23 knowledge; and 24 (b) must have regard to the approved guidelines for granting 25 heavy vehicle accreditations under this Law. 26 462 Conditions of heavy vehicle accreditation 27 (1) A heavy vehicle accreditation granted under this Law is 28 subject to the condition that the operator who holds the 29 accreditation must comply with the relevant standards and 30 business rules. 31 (2) A heavy vehicle accreditation granted under this Law may be 32 subject to any other conditions the Regulator considers 33 appropriate, including, for example-- 34 Page 448

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) a condition that a named person can not operate under 1 the operator's accreditation for a stated period; and 2 (b) a condition that a named employee or associate of the 3 operator can not be involved in the operator's relevant 4 management system at all or for a stated period; and 5 (c) a condition requiring additional records to be kept, and 6 audits to be performed, to ensure practices (for example, 7 driver fatigue management practices) applying under the 8 accreditation are followed consistently and effectively. 9 463 Period for which heavy vehicle accreditation applies 10 (1) A heavy vehicle accreditation granted under this Law applies 11 for the period stated in the accreditation certificate for the 12 accreditation. 13 (2) The period may be less than the period sought by the applicant 14 for the heavy vehicle accreditation. 15 464 Accreditation certificate for heavy vehicle accreditation 16 etc. 17 (1) If the Regulator grants a heavy vehicle accreditation under 18 this Law to an operator of a heavy vehicle, the Regulator must 19 give the operator-- 20 (a) an accreditation certificate in the approved form; and 21 (b) if prescribed circumstances apply to the grant of the 22 accreditation--an information notice for the prescribed 23 circumstances. 24 (2) An accreditation certificate for a heavy vehicle accreditation 25 must state the following-- 26 (a) the name of the operator who has been granted the 27 accreditation; 28 (b) the number identifying the accreditation; 29 (c) any conditions imposed on the accreditation by the 30 Regulator; 31 Page 449

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (d) for an AFM accreditation, the maximum work times and 1 minimum rest times that apply to drivers of 2 fatigue-regulated heavy vehicles operating under the 3 accreditation; 4 (e) the period for which the accreditation applies. 5 (3) In this section-- 6 prescribed circumstances, for a heavy vehicle accreditation, 7 means the Regulator has-- 8 (a) imposed a condition on the accreditation that was not 9 sought by the applicant for the accreditation; or 10 (b) granted the accreditation for a period less than the 11 period of not more than 3 years sought by the applicant 12 for the accreditation; or 13 (c) for AFM accreditation, granted the AFM accreditation 14 setting maximum work times and minimum rest times 15 different to the maximum work times and minimum rest 16 times sought by the applicant for the accreditation. 17 465 Refusal of application for heavy vehicle accreditation 18 If the Regulator refuses an application for heavy vehicle 19 accreditation, the Regulator must give the applicant an 20 information notice for the decision to refuse the application. 21 466 Accreditation labels for maintenance management 22 accreditation and mass management accreditation 23 (1) If the Regulator grants maintenance management 24 accreditation or mass management accreditation to an 25 operator of a heavy vehicle, the Regulator must give the 26 operator an accreditation label for each relevant vehicle for 27 the accreditation. 28 (2) If the operator amends the relevant management system to 29 identify a new relevant vehicle for the accreditation-- 30 (a) the operator may ask the Regulator for an accreditation 31 label for the new relevant vehicle; and 32 Page 450

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (b) the Regulator must give the accreditation label to the 1 operator. 2 (3) In this section-- 3 accreditation label, for a relevant vehicle for a maintenance 4 management accreditation or mass management accreditation, 5 means a label stating the number identifying the accreditation 6 for attaching to the vehicle. 7 relevant vehicle, for a maintenance management accreditation 8 or mass management accreditation, means a vehicle identified 9 in the relevant management system as currently being 10 operated in accordance with the management system. 11 Part 8.3 Operating under heavy vehicle 12 accreditation 13 467 Compliance with conditions of BFM accreditation or AFM 14 accreditation 15 The holder of a BFM accreditation or AFM accreditation must 16 comply with the conditions of the accreditation. 17 Maximum penalty--$6000. 18 468 Driver must carry accreditation details 19 (1) The driver of a heavy vehicle who is operating under a heavy 20 vehicle accreditation must keep in the driver's possession-- 21 (a) a copy of the accreditation certificate for the 22 accreditation; and 23 (b) a document, signed by the operator of the vehicle who 24 holds the accreditation, stating that the driver-- 25 (i) is operating under the operator's heavy vehicle 26 accreditation; and 27 Page 451

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (ii) has been inducted into the operator's relevant 1 management system; and 2 (iii) meets the requirements relating to drivers 3 operating under the operator's heavy vehicle 4 accreditation (if any); and 5 (c) for a driver operating under AFM accreditation, a 6 document stating the AFM hours applying under the 7 accreditation. 8 Example for the purposes of paragraph (c)-- 9 The driver records a statement of the AFM hours applying under 10 the AFM accreditation in the driver's electronic work diary 11 (which is a document). 12 Maximum penalty--$3000. 13 (2) Subsection (1) applies even if the driver and operator are the 14 same person. 15 (3) If an offence is committed against subsection (1) involving the 16 driver of a heavy vehicle, the operator of the vehicle is taken 17 to have committed an offence against this subsection. 18 Maximum penalty--$3000. 19 (4) A person charged with an offence against subsection (3) does 20 not have the benefit of the mistake of fact defence for the 21 offence. 22 (5) However, in a proceeding for an offence against subsection 23 (3), the person charged has the benefit of the reasonable steps 24 defence for the offence. 25 Note-- 26 See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence. 27 (6) In a proceeding for an offence against subsection (3)-- 28 (a) it is irrelevant whether or not the driver has been or will 29 be proceeded against, or convicted of, the offence 30 against subsection (1); and 31 (b) evidence a court has convicted the driver of the offence 32 against subsection (1) is evidence the offence happened 33 at the time and place, and in the circumstances, stated in 34 the charge resulting in the conviction; and 35 Page 452

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (c) evidence of details stated in an infringement notice 1 issued for the offence against subsection (1) is evidence 2 the offence happened at the time and place, and in the 3 circumstances, stated in the infringement notice. 4 469 Driver must return particular documents if stops 5 operating under accreditation etc. 6 (1) This section applies if-- 7 (a) the driver of a heavy vehicle is operating under a heavy 8 vehicle accreditation; and 9 (b) the operator of the heavy vehicle has given the driver a 10 document for the purposes of section 468(1); and 11 (c) the driver-- 12 (i) stops operating under the operator's heavy vehicle 13 accreditation; or 14 (ii) no longer meets the requirements relating to 15 drivers operating under the operator's heavy 16 vehicle accreditation (if any). 17 (2) The driver must return the document to the operator as soon as 18 reasonably practicable. 19 Maximum penalty--$4000. 20 470 General requirements applying to operator with heavy 21 vehicle accreditation 22 (1) This section applies to an operator of a heavy vehicle who 23 holds a heavy vehicle accreditation. 24 (2) The operator must ensure each driver who operates under the 25 accreditation-- 26 (a) is inducted into the operator's relevant management 27 system; and 28 (b) at all times, meets the requirements relating to drivers 29 operating under the accreditation (if any). 30 Maximum penalty--$6000. 31 Page 453

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (3) If the accreditation is AFM accreditation, the operator must 1 also ensure each driver who operates under the accreditation is 2 informed of the AFM hours applying under the accreditation. 3 Maximum penalty--$6000. 4 (4) The operator must keep-- 5 (a) the accreditation certificate for the operator's heavy 6 vehicle accreditation; and 7 (b) if the operator's heavy vehicle accreditation is AFM 8 accreditation or BFM accreditation--a current list of 9 drivers operating under the operator's accreditation; and 10 (c) if the operator's heavy vehicle accreditation is mass 11 management accreditation or maintenance management 12 accreditation--a current list of heavy vehicles to which 13 the operator's accreditation relates; and 14 (d) records demonstrating the operator has complied with-- 15 (i) if the operator's heavy vehicle accreditation is 16 AFM accreditation--subsections (2) and (3); or 17 (ii) otherwise--subsection (2). 18 Maximum penalty--$6000. 19 (5) The operator must keep a document required to be kept under 20 subsection (4) for the following period-- 21 (a) for an accreditation certificate--while the operator's 22 heavy vehicle accreditation is current; 23 (b) for each list made under subsection (4)(b) or (c)--at 24 least 3 years after the list is made; 25 (c) for each record made under subsection (4)(d)--at least 3 26 years after the record is made. 27 Maximum penalty--$6000. 28 (6) The operator must keep a document required to be kept under 29 subsection (4) in a way that ensures it is-- 30 (a) readily accessible by an authorised officer at the place 31 where the document is kept; and 32 Page 454

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (b) reasonably capable of being understood by the 1 authorised officer; and 2 (c) capable of being used as evidence. 3 Maximum penalty--$3000. 4 (7) The Regulator may, by notice, require the operator to give the 5 Regulator, in the form and within the time required by the 6 Regulator-- 7 (a) a copy of the list mentioned in subsection (4)(b) or (c); 8 and 9 (b) details of any change to the list. 10 (8) The operator must comply with a requirement made under 11 subsection (7), unless the operator has a reasonable excuse. 12 Maximum penalty--$3000. 13 (9) Subsections (4) to (6) do not apply in relation to-- 14 (a) an accreditation certificate given to the Regulator under 15 section 472 or 476, unless the Regulator has returned it 16 or given the operator a replacement accreditation 17 certificate; or 18 (b) an accreditation certificate that has been defaced, 19 destroyed, lost or stolen, unless the Regulator has given 20 the operator a replacement accreditation certificate. 21 Note-- 22 See section 477 for the requirement to apply to the Regulator for a 23 replacement accreditation certificate for a defaced, destroyed, lost or 24 stolen accreditation certificate. 25 471 Operator must give notice of amendment, suspension or 26 ending of heavy vehicle accreditation 27 (1) This section applies if-- 28 (a) an operator of a heavy vehicle holds a heavy vehicle 29 accreditation; and 30 (b) the accreditation is amended or suspended, or the 31 operator ceases to hold the accreditation. 32 Page 455

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (2) The operator must as soon as practicable after the amendment, 1 suspension or cessation happens give notice of the 2 amendment, suspension or cessation to any driver of, or 3 scheduler for, a heavy vehicle who may be affected by the 4 amendment, suspension or cessation. 5 Maximum penalty--$6000. 6 (3) If the driver of a heavy vehicle is given a notice under 7 subsection (2), the driver must, as soon as reasonably 8 practicable, return to the operator any document relevant to 9 the notice given to the driver by the operator for the purposes 10 of section 468(1). 11 Maximum penalty--$4000. 12 Part 8.4 Amendment or cancellation of 13 heavy vehicle accreditation 14 472 Amendment or cancellation of heavy vehicle 15 accreditation on application 16 (1) A person may apply to the Regulator for an amendment or 17 cancellation of the person's heavy vehicle accreditation 18 granted under this Law. 19 (2) The application must-- 20 (a) be in writing; and 21 (b) be accompanied by the prescribed fee for the 22 application; and 23 (c) if the application is for an amendment--state clearly the 24 amendment sought and the reasons for the amendment; 25 and 26 (d) be accompanied by the accreditation certificate for the 27 accreditation. 28 Page 456

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (3) The Regulator may, by notice given to the applicant, require 1 the applicant to give the Regulator any additional information 2 the Regulator reasonably requires to decide the application. 3 (4) The Regulator must decide the application as soon as 4 practicable after receiving it. 5 (5) If the Regulator decides to grant the application-- 6 (a) the Regulator must give the applicant notice of the 7 decision; and 8 (b) the amendment or cancellation takes effect-- 9 (i) when notice of the decision is given to the 10 applicant; or 11 (ii) if a later time is stated in the notice, at the later 12 time; and 13 (c) if the Regulator amended the accreditation, the 14 Regulator must give the applicant a replacement 15 accreditation certificate for the accreditation as 16 amended. 17 (6) If the Regulator decides not to amend or cancel the 18 accreditation as sought by the applicant, the Regulator must-- 19 (a) give the applicant an information notice for the decision; 20 and 21 (b) return the accreditation certificate to the applicant. 22 473 Amendment, suspension or cancellation of heavy vehicle 23 accreditation on Regulator's initiative 24 (1) Each of the following is a ground for amending, suspending or 25 cancelling a heavy vehicle accreditation granted under this 26 Law-- 27 (a) the accreditation was granted because of a document or 28 representation that was-- 29 (i) false or misleading; or 30 (ii) obtained or made in an improper way; 31 Page 457

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (b) the holder of the accreditation has contravened a 1 condition of the accreditation; 2 (c) the holder of the accreditation, or an associate of the 3 holder, has been convicted of-- 4 (i) an offence against this Law or a previous 5 corresponding law; or 6 (ii) an offence involving fraud or dishonesty 7 punishable on conviction by imprisonment of 6 8 months or more, whether committed in this 9 jurisdiction or elsewhere; 10 (d) since the accreditation was granted, there has been a 11 change in the circumstances that were relevant to the 12 Regulator's decision to grant the accreditation and, had 13 the changed circumstances existed when the 14 accreditation was granted, the Regulator would not have 15 granted the accreditation, or would have granted the 16 accreditation subject to conditions or different 17 conditions; 18 (e) for a maintenance management accreditation or mass 19 management accreditation-- 20 (i) public safety has been endangered, or is likely to 21 be endangered, because of the accreditation; or 22 (ii) road infrastructure has been damaged, or is likely 23 to be damaged, because of the accreditation; 24 (f) for a BFM accreditation or AFM accreditation--public 25 safety has been endangered, or is likely to be 26 endangered, because of the accreditation; 27 (g) the Regulator considers it necessary in the public 28 interest. 29 (2) If the Regulator considers a ground exists to amend, suspend 30 or cancel a heavy vehicle accreditation granted under this Law 31 (the proposed action), the Regulator must give the holder of 32 the accreditation a notice-- 33 (a) stating the proposed action; and 34 (b) stating the ground for the proposed action; and 35 Page 458

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (c) outlining the facts and circumstances forming the basis 1 for the ground; and 2 (d) if the proposed action is to amend the accreditation 3 (including a condition of the accreditation)--stating the 4 proposed amendment; and 5 (e) if the proposed action is to suspend the 6 accreditation--stating the proposed suspension period; 7 and 8 (f) inviting the holder to make, within a stated time of at 9 least 14 days after the notice is given to the holder, 10 written representations about why the proposed action 11 should not be taken. 12 (3) If, after considering all written representations made under 13 subsection (2)(f), the Regulator still considers a ground exists 14 to take the proposed action, the Regulator may-- 15 (a) if the proposed action was to amend the 16 accreditation--amend the accreditation, including, for 17 example, by imposing additional conditions on the 18 accreditation, in a way that is not substantially different 19 from the proposed action; or 20 (b) if the proposed action was to suspend the 21 accreditation--suspend the accreditation for no longer 22 than the period stated in the notice; or 23 (c) if the proposed action was to cancel the accreditation-- 24 (i) amend the accreditation, including, for example, 25 by imposing additional conditions on the 26 accreditation; or 27 (ii) suspend the accreditation for a period; or 28 (iii) cancel the accreditation. 29 (4) The Regulator must give the holder an information notice for 30 the decision. 31 (5) The decision takes effect-- 32 (a) when the information notice is given to the holder; or 33 Page 459

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (b) if a later time is stated in the information notice, at the 1 later time. 2 474 Immediate suspension of heavy vehicle accreditation 3 (1) This section applies if the Regulator considers-- 4 (a) a ground exists to suspend or cancel a heavy vehicle 5 accreditation granted under this Law; and 6 (b) it is necessary to suspend the accreditation immediately 7 to prevent or minimise serious harm to public safety. 8 (2) The Regulator may, by notice given to the holder, immediately 9 suspend the heavy vehicle accreditation until the earliest of 10 the following-- 11 (a) the Regulator gives the holder an information notice 12 under section 473(4) and the decision takes effect under 13 section 473(5); 14 (b) the Regulator cancels the suspension; 15 (c) the end of 56 days after the day the notice is given to the 16 holder. 17 (3) This section applies despite sections 472 and 473. 18 475 Minor amendment of heavy vehicle accreditation 19 The Regulator may, by notice given to the holder of a heavy 20 vehicle accreditation granted under this Law, amend the 21 accreditation in a minor respect-- 22 (a) for a formal or clerical reason; or 23 (b) in another way that does not adversely affect the 24 holder's interests. 25 Page 460

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Part 8.5 Other provisions about heavy 1 vehicle accreditations 2 476 Return of accreditation certificate 3 (1) If a person's heavy vehicle accreditation granted under this 4 Law is amended, suspended or cancelled, the Regulator may, 5 by notice, require the person to return the person's 6 accreditation certificate to the Regulator. 7 (2) The person must comply with the notice within 7 days after 8 the notice is given to the person or, if a longer period is stated 9 in the notice, within the longer period. 10 Maximum penalty--$6000. 11 (3) If the heavy vehicle accreditation has been amended, the 12 Regulator must give the person a replacement accreditation 13 certificate for the accreditation as amended. 14 (4) If the heavy vehicle accreditation has been suspended, the 15 Regulator must give the person the accreditation certificate for 16 the accreditation or, if the accreditation has also been 17 amended, a replacement accreditation certificate for the 18 accreditation as amended, as soon as practicable after the 19 suspension ends. 20 477 Replacement of defaced etc. accreditation certificate 21 (1) If a person's accreditation certificate for a heavy vehicle 22 accreditation granted under this Law is defaced, destroyed, 23 lost or stolen, the person must, as soon as reasonably 24 practicable after becoming aware of the matter, apply to the 25 Regulator for a replacement accreditation certificate. 26 Maximum penalty--$4000. 27 Note-- 28 See section 470 for the requirement to keep an accreditation certificate 29 for a heavy vehicle accreditation while the accreditation is current. 30 (2) If the Regulator is satisfied the accreditation certificate has 31 been defaced, destroyed, lost or stolen, the Regulator must 32 Page 461

Heavy Vehicle National Law Amendment Bill 2012 [s 12] give the person a replacement accreditation certificate as soon 1 as practicable. 2 (3) If the Regulator decides not to give the person a replacement 3 accreditation certificate, the Regulator must give the person an 4 information notice for the decision. 5 478 Offences relating to auditors 6 (1) A person must not falsely represent that the person is an 7 approved auditor. 8 Maximum penalty--$10000. 9 (2) An approved auditor must not falsely represent that the person 10 is an auditor of a particular approved class. 11 Maximum penalty--$10000. 12 (3) An approved auditor must not falsely represent that the person 13 has audited an operator's relevant management system. 14 Maximum penalty--$10000. 15 (4) A person must not falsely represent the opinion of an 16 approved auditor in relation to an operator's relevant 17 management system. 18 Maximum penalty--$10000. 19 (5) In this section-- 20 approved class means a class of auditors approved by the 21 responsible Ministers under section 654. 22 Page 462

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Chapter 9 Enforcement 1 Part 9.1 General matters about 2 authorised officers 3 Division 1 Functions 4 479 Functions of authorised officers 5 An authorised officer has the following functions under this 6 Law-- 7 (a) to monitor, investigate and enforce compliance with this 8 Law; 9 (b) to monitor or investigate whether an occasion has arisen 10 for the exercise of powers under this Law; 11 (c) to facilitate the exercise of powers under this Law. 12 Division 2 Appointment 13 480 Application of Div 2 14 This Division does not apply to an authorised officer who is a 15 police officer. 16 481 Appointment and qualifications 17 (1) The Regulator may, by instrument, appoint any of the 18 following individuals as an authorised officer for the purposes 19 of this Law-- 20 (a) an individual who is-- 21 (i) a member of the staff of the Regulator; or 22 (ii) a person whose services are being used under an 23 arrangement under section 685; or 24 Page 463

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (iii) a consultant or contractor engaged by the 1 Regulator under section 686; 2 (b) an employee of the State; 3 (c) an employee of a local government authority; 4 (d) an individual of a class prescribed by the national 5 regulations. 6 (2) However, the Regulator may appoint a person as an authorised 7 officer only if the Regulator is satisfied the person is qualified 8 for appointment because the person has the necessary 9 expertise or experience. 10 482 Appointment conditions and limit on powers 11 (1) An authorised officer holds office on any conditions stated 12 in-- 13 (a) the officer's instrument of appointment; or 14 (b) a notice signed by the Regulator given to the officer; or 15 (c) the national regulations. 16 (2) The instrument of appointment, a signed notice given to the 17 authorised officer, or the national regulations may limit the 18 officer's powers. 19 483 When office ends 20 (1) The office of a person as an authorised officer ends if any of 21 the following happens-- 22 (a) the term of office stated in a condition of office ends; 23 (b) under another condition of office, the office ends; 24 (c) the officer's resignation under section 484 takes effect. 25 (2) Subsection (1) does not limit the ways an authorised officer 26 may cease to hold office. 27 (3) In this section-- 28 condition of office means a condition under which the 29 authorised officer holds office. 30 Page 464

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 484 Resignation 1 (1) An authorised officer may resign by signed notice given to the 2 Regulator. 3 (2) However, if holding office as an authorised officer is a 4 condition of the officer holding another office, the officer may 5 not resign as an authorised officer without resigning from the 6 other office. 7 Division 3 Identity cards 8 485 Application of Div 3 9 This Division does not apply to an authorised officer who is a 10 police officer. 11 486 Issue of identity card 12 (1) The Regulator must issue an identity card to each authorised 13 officer. 14 (2) The identity card must-- 15 (a) contain a recent photo of the authorised officer; and 16 (b) contain a copy of the authorised officer's signature; and 17 (c) identify the person as an authorised officer for the 18 purposes of this Law; and 19 (d) state the identification number allocated to the 20 authorised officer; and 21 (e) state an expiry date for the card. 22 (3) This section does not prevent the issue of a single identity 23 card to a person for the purposes of this Law and other 24 purposes. 25 487 Production or display of identity card 26 (1) In exercising a power in relation to a person in the person's 27 presence, an authorised officer must-- 28 Page 465

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) produce the officer's identity card for the person's 1 inspection before exercising the power; or 2 (b) have the identity card displayed so it is clearly visible to 3 the person when exercising the power. 4 (2) However, if it is not practicable to comply with subsection (1), 5 the authorised officer must produce the identity card for the 6 person's inspection at the first reasonable opportunity. 7 (3) For the purposes of subsection (1), an authorised officer does 8 not exercise a power in relation to a person only because the 9 officer has entered a place as mentioned in section 495(1)(b) 10 or 497(1)(b) or (d). 11 Note-- 12 Sections 505 and 510 include provisions requiring the production of 13 identification by an authorised officer in circumstances mentioned in 14 those sections. 15 488 Return of identity card 16 If the office of a person as an authorised officer ends, the 17 person must return the person's identity card to the Regulator 18 within 21 days after the office ends unless the person has a 19 reasonable excuse. 20 Maximum penalty--$3000. 21 Division 4 Miscellaneous provisions 22 489 References to exercise of powers 23 If-- 24 (a) a provision of this Chapter refers to the exercise of a 25 power by an authorised officer; and 26 (b) there is no reference to a specific power; 27 the reference is to the exercise of all or any authorised 28 officers' powers under this Chapter or a warrant, to the extent 29 the powers are relevant. 30 Page 466

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 490 Reference to document includes reference to 1 reproduction from electronic document 2 A reference in this Chapter to a document includes a reference 3 to an image or writing-- 4 (a) produced from an electronic document; or 5 (b) not yet produced, but reasonably capable of being 6 produced from an electronic document, with or without 7 the aid of another article or device. 8 491 Use of force against persons 9 (1) This Chapter does not authorise-- 10 (a) an authorised officer (or a person assisting or otherwise 11 acting under the direction or authority of an authorised 12 officer) to use force against a person in the exercise or 13 purported exercise of a function under this Chapter; or 14 (b) without limiting paragraph (a), a warrant to be issued 15 under this Chapter authorising a person to use force 16 against a person. 17 (2) However, subsection (1) does not affect the powers of a police 18 officer to the extent (if any) the police officer is authorised to 19 use force against a person under the Application Act of this 20 jurisdiction. 21 (3) This section has effect despite any other provision of this 22 Chapter in relation to the use of force against a person, even if 23 the other provision is expressed as authorising the use of force 24 for the purposes of the provision. 25 492 Use of force against property 26 (1) A power to use force against property under another section of 27 this Chapter in the exercise or purported exercise of a function 28 in relation to this jurisdiction cannot be exercised by an 29 authorised officer (or a person assisting or otherwise acting 30 under the direction or authority of the authorised officer) 31 unless-- 32 (a) the authorised officer is a police officer; or 33 Page 467

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (b) exercise of the power to use force is authorised under 1 the Application Act of this jurisdiction. 2 (2) Subsection (1)-- 3 (a) has effect despite any other section of this Chapter in 4 relation to the use of force against property, even if the 5 other section is expressed as authorising the use of force 6 for the purposes of the section; but 7 (b) does not affect any prohibition or restriction on a power 8 to use force set out in the other section. 9 (3) Subsections (1) and (2) apply to a power to use force against 10 property whether the power is express or implied. 11 (4) Despite subsections (1) to (3) and any other section of this 12 Chapter, this Chapter does not preclude the inclusion of 13 additional circumstances in the Application Act of this 14 jurisdiction in which an authorised officer, whether or not a 15 police officer, may use force against property in the exercise 16 or purported exercise of a function under this Chapter in 17 relation to this jurisdiction. 18 493 Exercise of functions in relation to light vehicles 19 (1) This Chapter does not authorise the exercise of any function 20 under this Chapter in relation to a vehicle that is not a heavy 21 vehicle. 22 (2) However, a function under this Chapter may be exercised in 23 relation to-- 24 (a) a pilot vehicle or escort vehicle; or 25 (b) a vehicle to the extent (if any) that it is reasonably 26 necessary for the purpose of determining if the vehicle is 27 or is not a heavy vehicle. 28 Page 468

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Part 9.2 Powers in relation to places 1 Division 1 Preliminary 2 494 Definitions for Pt 9.2 3 (1) In this Part-- 4 place of business, of a responsible person for a heavy vehicle, 5 means a place-- 6 (a) at or from which the person carries on a business; or 7 (b) occupied by the person in connection with a business 8 carried on by the person; or 9 (c) that is the registered office of the person if the person is 10 a body corporate. 11 relevant place-- 12 (a) means-- 13 (i) a place of business of a responsible person for a 14 heavy vehicle; or 15 (ii) the relevant garage address of a heavy vehicle; or 16 (iii) the base of the driver or drivers of a heavy vehicle; 17 or 18 (iv) a place where records required to be kept under 19 this Law or a heavy vehicle accreditation are 20 located or are required to be located under this Law 21 or a heavy vehicle accreditation; but 22 (b) does not include a place or part of a place mentioned in 23 paragraph (a) used predominantly for residential 24 purposes. 25 (2) For the purposes of this Part, a place or part of a place is taken 26 not to be used for residential purposes merely because 27 temporary or casual sleeping or other accommodation is 28 provided there for drivers of heavy vehicles. 29 Page 469

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Division 2 Entry of relevant places for 1 monitoring purposes 2 495 Power to enter relevant place 3 (1) An authorised officer may, for monitoring purposes, enter a 4 relevant place if-- 5 (a) an occupier of the place consents under Division 4 to the 6 entry and section 503 has been complied with for the 7 occupier; or 8 (b) the place is-- 9 (i) open for carrying on a business; or 10 (ii) otherwise open for entry; or 11 (iii) required to be open for inspection under this Law. 12 (2) If the power to enter arose only because an occupier of the 13 place consented to the entry, the power is subject to any 14 conditions of the consent and ceases if the consent is 15 withdrawn. 16 (3) Subsection (1)(b) does not authorise an authorised officer, 17 without the occupier's consent or a warrant, to enter a relevant 18 place that is unattended, unless the officer reasonably believes 19 the place is attended. 20 (4) If an authorised officer enters a place reasonably believing the 21 place is attended, the officer must leave the place immediately 22 after finding the place is or appears to be unattended. 23 (5) An authorised officer may open unlocked doors and other 24 unlocked panels and things at a place for gaining entry to the 25 place under subsection (1). 26 (6) This section does not authorise an authorised officer to use 27 force for exercising a power under this section. 28 Page 470

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 496 General powers after entering relevant place 1 (1) If an authorised officer enters a relevant place under this 2 Division, the officer may, for monitoring purposes, do any of 3 the following (each a general power)-- 4 (a) inspect any part of the place or a vehicle at the place; 5 (b) inspect a relevant document at the place; 6 (c) copy, or take an extract from, a relevant document at the 7 place; 8 (d) produce an image or writing at the place from an 9 electronic relevant document at the place or, if it is not 10 practicable to produce the image or writing at the place, 11 take a thing containing the electronic relevant document 12 to another place to produce the image or writing; 13 (e) look for, and inspect, a relevant device at the place; 14 (f) take an extract from a relevant device at the place, 15 including, for example-- 16 (i) by taking a copy of, or an extract from, a readout or 17 other data obtained from the device; or 18 (ii) by accessing and downloading information from 19 the device; 20 (g) exercise a power in relation to a heavy vehicle at the 21 place that the authorised officer may exercise under 22 section 520; 23 (h) take to, into or onto the place and use any persons, 24 equipment, materials, vehicles or other things the officer 25 reasonably requires for exercising the officer's powers 26 under this section. 27 (2) The authorised officer may take a necessary step to allow the 28 exercise of a general power, including, for example-- 29 (a) open an unlocked door or an unlocked panel or thing at 30 the place; and 31 (b) move but not take away anything that is not locked up or 32 sealed. 33 Page 471

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (3) For exercising a power under subsection (1)(c) or (f), the 1 authorised officer may use photocopying equipment at the 2 place free of charge. 3 Note-- 4 See also sections 543 and 544 for use of particular equipment at a place, 5 or in a vehicle, entered under this Chapter. 6 (4) If the authorised officer takes from the place a thing 7 containing an electronic relevant document to produce an 8 image or writing from the document, the image or writing 9 must be produced, and the thing must be returned to the place, 10 as soon as practicable. 11 (5) However, if the authorised officer entered the place under 12 section 495(1)(a), the officer's powers under this section are 13 subject to the conditions of the consent. 14 (6) This section does not authorise an authorised officer to use 15 force for exercising a power under this section. 16 (7) In this section-- 17 electronic relevant document means a relevant document that 18 is an electronic document. 19 relevant device means a device relating to a heavy vehicle and 20 required to be installed, used or maintained under this Law or 21 a heavy vehicle accreditation. 22 Example of a device that may be a relevant device-- 23 a weighing, measuring, recording or monitoring device 24 relevant document means a document relating to a heavy 25 vehicle and required to be kept under this Law or a heavy 26 vehicle accreditation. 27 Division 3 Entry of places for investigation 28 purposes 29 497 General power to enter places 30 (1) An authorised officer may, for investigation purposes, enter a 31 place if-- 32 Page 472

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) an occupier of the place consents under Division 4 to the 1 entry and section 503 has been complied with for the 2 occupier; or 3 (b) it is a public place and the entry is made when it is open 4 to the public; or 5 (c) the entry is authorised under a warrant and, if there is an 6 occupier at the place, section 510 has been complied 7 with for the occupier; or 8 (d) it is a relevant place and is-- 9 (i) open for carrying on a business; or 10 (ii) otherwise open for entry; or 11 (iii) required to be open for inspection under this Law; 12 or 13 (e) the entry is authorised under section 498 or 499. 14 (2) The authorised officer may exercise powers under this section 15 at the place even if entry to the place was originally effected 16 under Division 2 for monitoring purposes. 17 (3) If the power to enter arose only because an occupier of the 18 place consented to the entry, the power is subject to any 19 conditions of the consent and ceases if the consent is 20 withdrawn. 21 (4) If the power to enter is under a warrant-- 22 (a) the authorised officer may use force that is reasonably 23 necessary for gaining entry to the place; and 24 (b) the power to enter is subject to the terms of the warrant. 25 (5) Subsection (1)(d) does not authorise an authorised officer, 26 without the occupier's consent or a warrant, to enter-- 27 (a) a place that is unattended, unless the officer reasonably 28 believes the place is attended; or 29 (b) a place, or part of a place, used predominantly for 30 residential purposes. 31 Page 473

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (6) If an authorised officer enters a place reasonably believing the 1 place is attended, the officer must leave the place immediately 2 after finding the place is or appears to be unattended. 3 (7) An authorised officer may open unlocked doors and other 4 unlocked panels and things at a place for gaining entry to the 5 place under subsection (1). 6 (8) This section does not authorise an authorised officer to use 7 force for exercising a power under this section unless the 8 power is exercised under a warrant. 9 498 Power to enter a place if evidence suspected to be at the 10 place 11 (1) This section applies if an authorised officer reasonably 12 believes that-- 13 (a) either-- 14 (i) a heavy vehicle is or has been at a place; or 15 (ii) transport documentation or journey documentation 16 is at a place; and 17 (b) there may be at the place evidence of an offence against 18 this Law that may be concealed or destroyed unless the 19 place is immediately entered and searched. 20 (2) The authorised officer may enter the place if it is-- 21 (a) open for carrying on a business; or 22 (b) otherwise open for entry; or 23 (c) required to be open for inspection under this Law. 24 (3) Subsection (2) does not authorise an authorised officer to 25 enter-- 26 (a) a place that is unattended, unless the officer reasonably 27 believes the place is attended; or 28 (b) a place, or part of a place, used predominantly for 29 residential purposes. 30 Page 474

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (4) If an authorised officer enters a place reasonably believing the 1 place is attended, the officer must leave the place immediately 2 after finding the place is or appears to be unattended. 3 (5) An authorised officer may open unlocked doors and other 4 unlocked panels and things at a place for gaining entry to the 5 place under subsection (2). 6 (6) An authorised officer may use force that is reasonably 7 necessary for gaining entry to a place mentioned in subsection 8 (2)(c). 9 (7) This section does not authorise an authorised officer to use 10 force for exercising a power under this section other than as 11 provided by subsection (6). 12 499 Power to enter particular places if incident involving 13 death, injury or damage 14 (1) An authorised officer, without an occupier's consent or a 15 warrant, may enter a place at any time if the officer reasonably 16 believes-- 17 (a) an incident involving the death of, or injury to, a person 18 or damage to property involves or may have involved a 19 heavy vehicle; and 20 (b) the incident may have involved an offence against this 21 Law; and 22 (c) there is a connection between the place and the heavy 23 vehicle; and 24 (d) there may be at the place evidence of the offence 25 mentioned in paragraph (b) that may be concealed or 26 destroyed unless the place is immediately entered and 27 searched. 28 (2) For the purposes of subsection (1), there is a connection 29 between a place and a heavy vehicle if-- 30 (a) the place is the vehicle's garage address or, if the vehicle 31 is a combination, the garage address of a heavy vehicle 32 in the combination; or 33 Page 475

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (b) the vehicle is, or within the past 72 hours has been, 1 located at the place; or 2 (c) the place is, or may be, otherwise directly or indirectly 3 connected with the vehicle or any part of its equipment 4 or load. 5 (3) This section does not authorise an authorised officer to enter a 6 place in relation to an incident that involves the death, or 7 injury to, a person unless the authorised officer is a police 8 officer. 9 (4) This section does not authorise an authorised officer, without 10 the occupier's consent or a warrant, to enter-- 11 (a) a place that is unattended, unless the officer reasonably 12 believes the place is attended; or 13 (b) a place, or part of a place, used predominantly for 14 residential purposes. 15 (5) If an authorised officer enters a place without the occupier's 16 consent or a warrant, reasonably believing the place is 17 attended, the officer must leave the place immediately after 18 finding the place is or appears to be unattended. 19 (6) An authorised officer may open unlocked doors and other 20 unlocked panels and things at a place for gaining entry to the 21 place under subsection (1). 22 (7) This section does not authorise an authorised officer to use 23 force for exercising a power under this section. 24 500 General powers after entering a place 25 (1) If an authorised officer enters a place under section 497(1), 26 the officer may, for investigation purposes, do any of the 27 following (each a general power)-- 28 (a) search any part of the place or a vehicle at the place, 29 including-- 30 (i) searching any part of the place or a vehicle at the 31 place for evidence of an offence against this Law; 32 and 33 Page 476

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (ii) searching any part of the place or a vehicle at the 1 place for a document, device or other thing relating 2 to a heavy vehicle or any part of its equipment or 3 load; 4 (b) inspect, examine or film any part of the place or 5 anything at the place; 6 (c) take a thing, or a sample of or from a thing, at the place 7 for examination; 8 (d) place an identifying mark in or on anything at the place; 9 (e) take an extract from a document, device or other thing at 10 the place, including, for example-- 11 (i) by taking a copy of, or an extract from, a readout or 12 other data obtained from a device or other thing at 13 the place; or 14 (ii) by accessing and downloading information from a 15 device or other thing at the place; 16 Example of device or other thing-- 17 an intelligent transport system 18 (f) copy a document at the place, or take a document at the 19 place to another place to copy it; 20 Examples of documents for the purposes of paragraphs (e) and 21 (f)-- 22 � a document required to be kept at the place under this Law 23 or a heavy vehicle accreditation 24 � transport documentation 25 � journey documentation 26 � a document the authorised officer reasonably believes 27 provides, or may provide on further inspection, evidence of 28 an offence against this Law 29 (g) produce an image or writing at the place from an 30 electronic document at the place or, if it is not 31 practicable to produce the image or writing at the place, 32 take a thing containing the electronic document to 33 another place to produce the image or writing; 34 Page 477

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (h) exercise a power in relation to a heavy vehicle at the 1 place that the authorised officer may exercise under Part 2 9.3; 3 (i) take to, into or onto the place and use any persons, 4 equipment, materials, vehicles or other things the officer 5 reasonably requires for exercising the officer's powers 6 under this section. 7 Note-- 8 The term public place is defined in section 5 as a place or part of a 9 place-- 10 (a) that the public is entitled to use, is open to members of the public or 11 is used by the public, whether or not on payment of money; or 12 (b) the occupier of which allows members of the public to enter, 13 whether or not on payment of money. 14 Accordingly, the term `public place' does not include an office area or 15 an area behind a reception counter, unless the public have access to the 16 area as provided in the definition. 17 (2) The authorised officer may take a necessary step to allow the 18 exercise of a general power, including, for example-- 19 (a) open an unlocked door or an unlocked panel or thing at 20 the place; and 21 (b) move anything that is not locked up or sealed; and 22 (c) if the authorised officer entered the place under section 23 497(1)(c), use the force that is reasonably necessary for 24 the exercise of the power. 25 (3) If an authorised officer takes, or authorises another person to 26 take, a thing or sample for examination under subsection 27 (1)(c), the officer must-- 28 (a) give a receipt for the thing or sample to-- 29 (i) the person in possession of the thing or sample or 30 the thing from which the sample was taken; or 31 (ii) the person in charge of the place from which the 32 thing or sample was taken; and 33 (b) at the end of 6 months after the thing or sample was 34 taken, return it to the person who appears to be an owner 35 Page 478

Heavy Vehicle National Law Amendment Bill 2012 [s 12] of it, a person to whom a receipt was given under 1 paragraph (a) for it, or a person in charge of the place 2 from which it was taken, unless the thing or sample-- 3 (i) has been seized under section 549; or 4 (ii) does not have any intrinsic value. 5 Note-- 6 See section 561 for what happens if a thing or sample can not be 7 returned to its owner or the owner can not be found. 8 (4) However, if for any reason it is not practicable to comply with 9 subsection (3)(a), the authorised officer must leave the receipt 10 at the place in a conspicuous position and in a reasonably 11 secure way. 12 (5) For exercising a power under subsection (1)(f), the authorised 13 officer may use photocopying equipment at the place free of 14 charge. 15 Note-- 16 See also sections 543 and 544 for use of particular equipment at a place, 17 or in a vehicle, entered under this Chapter. 18 (6) If the authorised officer takes a document from the place to 19 copy it, the document must be copied and returned to the 20 place as soon as practicable. 21 (7) If the authorised officer takes from the place a thing 22 containing an electronic document to produce an image or 23 writing from the document, the image or writing must be 24 produced, and the thing must be returned to the place, as soon 25 as practicable. 26 (8) However-- 27 (a) if the authorised officer entered the place under section 28 497(1)(a), the officer's powers under this section are 29 subject to the conditions of the consent; and 30 (b) if the authorised officer entered the place under section 31 497(1)(c), the officer's powers under this section are 32 subject to the terms of the warrant. 33 (9) Without limiting section 497(2), the authorised officer may 34 exercise powers under this section at the place even if entry to 35 Page 479

Heavy Vehicle National Law Amendment Bill 2012 [s 12] the place was originally effected under Division 2 for 1 monitoring purposes. 2 (10) The power to search under this section does not include a 3 power to search a person. 4 Division 4 Procedure for entry by consent 5 501 Application of Div 4 6 This Division applies if an authorised officer intends to ask an 7 occupier of a place for consent to the officer or another 8 authorised officer entering the place under section 495(1)(a) 9 or 497(1)(a). 10 502 Incidental entry to ask for access 11 (1) For the purpose of asking the occupier for the consent, the 12 authorised officer may, without the occupier's consent or a 13 warrant-- 14 (a) enter land around a building or other structure at the 15 place to an extent that is reasonable to contact the 16 occupier; or 17 (b) enter part of the place the officer reasonably believes 18 members of the public ordinarily are allowed to enter 19 when they wish to contact the occupier. 20 (2) The authorised officer must not enter land or a part of a place 21 under subsection (1) if the officer knows or ought reasonably 22 to know the place is unattended. 23 (3) If the authorised officer enters land or a part of a place under 24 subsection (1), the officer must leave it immediately after 25 finding the place is or appears to be unattended. 26 503 Matters authorised officer must tell occupier 27 Before asking for the consent, the authorised officer must give 28 a reasonable explanation to the occupier about the 29 following-- 30 Page 480

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) the purpose of the entry; 1 (b) that the occupier is not required to consent; 2 (c) that the consent may be given subject to conditions and 3 may be withdrawn at any time; 4 (d) any other powers intended to be exercised to achieve the 5 purpose of the entry. 6 504 Consent acknowledgement 7 (1) If the consent is given, the authorised officer may ask the 8 occupier to sign an acknowledgement of the consent. 9 (2) The acknowledgement must state-- 10 (a) the purpose of the entry, including the powers intended 11 to be exercised to achieve the purpose of the entry; and 12 (b) that the following have been explained to the occupier-- 13 (i) the purpose of the entry, including the powers 14 intended to be exercised to achieve the purpose of 15 the entry; 16 (ii) that the occupier is not required to consent; and 17 (c) that the occupier gives the authorised officer consent to 18 enter the place and exercise the powers; and 19 (d) the time and day the consent was given; and 20 (e) any conditions of the consent. 21 (3) If the occupier signs the acknowledgement, the authorised 22 officer must immediately give a copy to the occupier. 23 (4) However, if it is impractical for the authorised officer to give 24 the occupier a copy of the acknowledgement immediately, the 25 officer must give the copy as soon as practicable. 26 (5) If the acknowledgment states some but not all the powers 27 exercised or intended to be exercised to achieve the purpose of 28 the entry-- 29 (a) the acknowledgment is not necessarily invalid merely 30 because of the omission; but 31 Page 481

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (b) if an issue arises in a proceeding about the validity of the 1 acknowledgment--the court has a discretion to decide if 2 the acknowledgment is invalid on the ground that the 3 exercise of the power was of such significance in the 4 particular circumstances as to have warranted its 5 inclusion in the acknowledgment. 6 (6) If-- 7 (a) an issue arises in a proceeding about whether the 8 occupier consented to the entry; and 9 (b) an acknowledgement complying with subsection (2) for 10 the entry is not produced in evidence; 11 the onus of proof is on the person relying on the lawfulness of 12 the entry to prove the occupier consented. 13 505 Procedure for entry with consent 14 (1) This section applies if an authorised officer is intending to ask 15 the occupier for consent to enter a place under this Division 16 (otherwise than under section 502). 17 (2) Before asking for consent, the authorised officer must identify 18 himself or herself to a person who is an occupier of the place 19 and is present by producing-- 20 (a) for an authorised officer who is a police officer--an 21 identity card or other document evidencing the officer's 22 appointment as a police officer; or 23 (b) for an authorised officer who is not a police officer--the 24 identity card issued to the officer under this Law or 25 another document evidencing the officer's appointment 26 as an authorised officer. 27 (3) Subsection (2)(a) does not apply to a police officer in uniform. 28 Page 482

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Division 5 Entry under warrant 1 506 Application for warrant 2 (1) An authorised officer may apply to an authorised warrant 3 official for a warrant for a place. 4 (2) The authorised officer must prepare a written application 5 stating the grounds on which the warrant is sought. 6 (3) The written application must be sworn. 7 (4) The authorised warrant official may refuse to consider the 8 application until the authorised officer gives the official all the 9 information the official requires about the application in the 10 way the official requires. 11 Example-- 12 The authorised warrant official may require additional information 13 supporting the written application to be given by statutory declaration. 14 507 Issue of warrant 15 (1) The authorised warrant official may issue the warrant for the 16 place only if the official is satisfied there are reasonable 17 grounds for suspecting there is at the place, or will be at the 18 place within the next 72 hours, a particular thing or activity 19 that may provide evidence of an offence against this Law. 20 (2) The warrant must state the following-- 21 (a) the place to which the warrant applies; 22 (b) that a stated authorised officer or any authorised officer 23 may, with necessary and reasonable help and force-- 24 (i) enter the place and any other place necessary for 25 entry to the place; and 26 (ii) exercise the authorised officer's powers; 27 (c) particulars of the offence that the authorised warrant 28 official considers appropriate in the circumstances; 29 (d) the name of the person suspected of having committed 30 the offence unless the name is unknown or the 31 Page 483

Heavy Vehicle National Law Amendment Bill 2012 [s 12] authorised warrant official considers it inappropriate to 1 state the name; 2 (e) the evidence that may be seized under the warrant; 3 (f) the hours of the day or night when the place may be 4 entered; 5 (g) the authorised warrant official's name; 6 (h) the date and time of the warrant's issue; 7 (i) the day, within 14 days after the warrant's issue, the 8 warrant ends. 9 508 Application by electronic communication and duplicate 10 warrant 11 (1) An application under section 506 may be made by radio, 12 telephone, fax, email, video conferencing or another form of 13 electronic communication if the authorised officer reasonably 14 believes it necessary because of-- 15 (a) urgent circumstances; or 16 (b) other special circumstances, including, for example, the 17 officer's remote location. 18 (2) The application-- 19 (a) may not be made before the authorised officer prepares 20 the written application under section 506(2); but 21 (b) may be made before the written application is sworn. 22 (3) The authorised warrant official may issue the warrant (the 23 original warrant) only if the official is satisfied-- 24 (a) it was necessary to make the application under 25 subsection (1); and 26 (b) the way the application was made under subsection (1) 27 was appropriate. 28 (4) After the authorised warrant official issues the original 29 warrant-- 30 (a) if there is a reasonably practicable way of immediately 31 giving a copy of the warrant to the authorised officer, for 32 Page 484

Heavy Vehicle National Law Amendment Bill 2012 [s 12] example, by sending a copy by fax or email, the official 1 must immediately give a copy of the warrant to the 2 officer; or 3 (b) otherwise-- 4 (i) the official must tell the authorised officer the 5 information mentioned in section 507(2); and 6 (ii) the authorised officer must complete a form of 7 warrant, including by writing on it the information 8 mentioned in section 507(2) provided by the 9 official. 10 (5) The copy of the warrant mentioned in subsection (4)(a), or the 11 form of warrant completed under subsection (4)(b) (in either 12 case the duplicate warrant), is a duplicate of, and as effectual 13 as, the original warrant. 14 (6) The authorised officer must, at the first reasonable 15 opportunity, send to the authorised warrant official-- 16 (a) the written application complying with section 506(2) 17 and (3); and 18 (b) if the officer completed a form of warrant under 19 subsection (4)(b)--the completed form of warrant. 20 (7) The authorised warrant official must keep the original warrant 21 and, on receiving the documents under subsection (6)-- 22 (a) attach the documents to the original warrant; and 23 (b) file the original warrant and documents in the relevant 24 court. 25 (8) Despite subsection (5), if-- 26 (a) an issue arises in a proceeding about whether an 27 exercise of a power was authorised by a warrant issued 28 under this section; and 29 (b) the original warrant is not produced in evidence; 30 the onus of proof is on the person relying on the lawfulness of 31 the exercise of the power to prove a warrant authorised the 32 exercise of the power. 33 (9) This section does not limit section 506. 34 Page 485

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 509 Defect in relation to a warrant 1 (1) A warrant is not invalidated by a defect in-- 2 (a) the warrant; or 3 (b) compliance with this Division; 4 unless the defect affects the substance of the warrant in a 5 material particular. 6 (2) In this section-- 7 warrant includes a duplicate warrant mentioned in section 8 508(5). 9 510 Procedure for entry under warrant 10 (1) This section applies if an authorised officer is intending to 11 enter a place under a warrant issued under this Division. 12 (2) Before entering the place, the authorised officer must do or 13 make a reasonable attempt to do the following things-- 14 (a) identify himself or herself to a person who is an 15 occupier of the place and is present by producing-- 16 (i) for an authorised officer who is a police 17 officer--an identity card or other document 18 evidencing the officer's appointment as a police 19 officer; or 20 (ii) for an authorised officer who is not a police 21 officer--the identity card issued to the officer 22 under this Law or another document evidencing 23 the officer's appointment as an authorised officer; 24 (b) give the person a copy of the warrant; 25 (c) tell the person the officer is permitted by the warrant to 26 enter the place; 27 (d) give the person an opportunity to allow the officer 28 immediate entry to the place without using force. 29 (3) However, the authorised officer need not comply with 30 subsection (2) if the officer reasonably believes that entry to 31 Page 486

Heavy Vehicle National Law Amendment Bill 2012 [s 12] the place is required to ensure the execution of the warrant is 1 not frustrated. 2 (4) Subsection (2)(a)(i) does not apply to a police officer in 3 uniform. 4 (5) In this section-- 5 warrant includes a duplicate warrant mentioned in section 6 508(5). 7 Part 9.3 Powers in relation to heavy 8 vehicles 9 Division 1 Preliminary 10 511 Application of Pt 9.3 11 Unless otherwise stated in this Part, this Part applies to a 12 heavy vehicle-- 13 (a) on a road; or 14 (b) in or at a public place; or 15 (c) in or at a place owned or occupied by a road authority or 16 by another public authority; or 17 (d) in or at a place entered by an authorised officer under 18 Part 9.2. 19 512 Persons who are drivers for this Part 20 In this Part, a reference to the driver of a heavy vehicle 21 includes a reference to a person in, on or in the vicinity of the 22 vehicle whom an authorised officer present at the scene 23 reasonably believes is the vehicle's driver. 24 Page 487

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Division 2 Stopping, not moving or not 1 interfering with heavy vehicle etc. 2 513 Direction to stop heavy vehicle to enable exercise of 3 other powers 4 (1) To enable an authorised officer to exercise a power under this 5 Law, the officer may direct the driver of a heavy vehicle to 6 stop the vehicle. 7 Example-- 8 An authorised officer may direct the driver of a heavy vehicle to stop the 9 vehicle so that the authorised officer can enter and inspect it under 10 section 520 or enter and search it under section 521. 11 (2) The direction may be given orally or in any other way, 12 including, for example, by way of a sign or electronic or other 13 signal. 14 (3) The direction may require the heavy vehicle to be-- 15 (a) stopped immediately; or 16 (b) stopped at a place indicated by the authorised officer as 17 the nearest place for it to be safely stopped. 18 (4) A person given a direction under subsection (1) must comply 19 with the direction, unless the person has a reasonable excuse. 20 Maximum penalty--$6000. 21 (5) When the heavy vehicle stops, the authorised officer must as 22 soon as practicable produce for the inspection of the vehicle's 23 driver-- 24 (a) for an authorised officer who is a police officer--an 25 identity card or other document evidencing the officer's 26 appointment as a police officer; or 27 (b) for an authorised officer who is not a police officer--the 28 identity card issued to the officer under this Law or 29 another document evidencing the officer's appointment 30 as an authorised officer. 31 (6) Subsection (5)(a) does not apply to a police officer in uniform. 32 (7) In this section-- 33 Page 488

Heavy Vehicle National Law Amendment Bill 2012 [s 12] stop a heavy vehicle means to stop the vehicle and keep it 1 stationary. 2 514 Direction not to move or interfere with heavy vehicle etc. 3 to enable exercise of other powers 4 (1) To enable an authorised officer to exercise a power under this 5 Law, the officer may direct the driver of a heavy vehicle or 6 any other person not to-- 7 (a) move the vehicle; or 8 (b) interfere with the vehicle or any equipment in it; or 9 (c) interfere with the vehicle's load. 10 (2) The direction may be given orally or in any other way, 11 including, for example, by way of a sign or electronic or other 12 signal. 13 (3) A person given a direction under subsection (1) must comply 14 with the direction, unless the person has a reasonable excuse. 15 Maximum penalty--$6000. 16 Division 3 Moving heavy vehicle 17 515 Definition for Div 3 18 In this Division-- 19 unattended, for a heavy vehicle, means-- 20 (a) there is no-one in or near the vehicle who appears to be 21 its driver; or 22 (b) there is a person in or near the vehicle who appears to be 23 its driver but the person is-- 24 (i) unwilling, or not qualified or fit, to drive the 25 vehicle; or 26 (ii) not authorised by the operator of the vehicle to 27 drive it; or 28 (iii) subject to a direction under section 524. 29 Page 489

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 516 Direction to move heavy vehicle to enable exercise of 1 other powers 2 (1) To enable an authorised officer to exercise a power under this 3 Law, the officer may direct the driver or operator of a heavy 4 vehicle that is stationary or has been stopped under section 5 513 to move the vehicle, or cause it to be moved, to a stated 6 reasonable place within a 30km radius from-- 7 (a) where the vehicle was stationary or stopped; or 8 (b) if the direction is given within the course of the vehicle's 9 journey--any point along the forward route of the 10 journey. 11 Example-- 12 An authorised officer may direct the driver of a heavy vehicle to move 13 the vehicle onto a weighing or testing device. 14 (2) The direction may be made orally or in any other way, 15 including, for example-- 16 (a) for a direction given to the driver of a heavy vehicle--by 17 way of a sign or electronic or other signal; or 18 (b) for a direction given to the operator of a heavy 19 vehicle--by radio, telephone, fax or email. 20 (3) A person given a direction under subsection (1) must comply 21 with the direction, unless the person has a reasonable excuse. 22 Maximum penalty--$6000. 23 (4) Without limiting what may be a reasonable excuse for the 24 purposes of subsection (3), in a proceeding for an offence 25 against the subsection, it is a defence for the person charged to 26 prove that-- 27 (a) it was not possible to move the heavy vehicle because it 28 was broken down; and 29 (b) the breakdown happened for a physical reason beyond 30 the person's control; and 31 (c) the breakdown could not be readily rectified in a way 32 that would enable the direction to be complied with 33 within a reasonable time. 34 Page 490

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 517 Direction to move heavy vehicle if causing harm etc. 1 (1) This section applies if an authorised officer reasonably 2 believes a stationary heavy vehicle is-- 3 (a) causing, or creating a risk of, serious harm to public 4 safety, the environment or road infrastructure; or 5 (b) obstructing traffic or likely to obstruct traffic. 6 (2) The authorised officer may direct the driver or operator of the 7 heavy vehicle to do either or both of the following-- 8 (a) move the vehicle, or cause it to be moved, to the extent 9 necessary to avoid the harm or obstruction; 10 (b) do, or cause to be done, anything else the officer 11 reasonably requires to avoid the harm or obstruction. 12 (3) The direction may be made orally or in any other way, 13 including, for example-- 14 (a) for a direction given to the driver of a heavy vehicle--by 15 way of a sign or electronic or other signal; or 16 (b) for a direction given to the operator of a heavy 17 vehicle--by radio, telephone, fax or email. 18 (4) A person given a direction under subsection (2) must comply 19 with the direction, unless the person has a reasonable excuse. 20 Maximum penalty--$6000. 21 (5) Without limiting what may be a reasonable excuse for the 22 purposes of subsection (4), in a proceeding for an offence 23 against the subsection, it is a defence for the person charged to 24 prove that-- 25 (a) it was not possible to move the heavy vehicle because it 26 was broken down; and 27 (b) the breakdown happened for a physical reason beyond 28 the person's control; and 29 (c) the breakdown could not be readily rectified in a way 30 that would enable the direction to be complied with 31 within a reasonable time. 32 Page 491

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 518 Moving unattended heavy vehicle on road to exercise 1 another power 2 (1) This section applies if an authorised officer-- 3 (a) reasonably believes a heavy vehicle on a road is 4 unattended; and 5 (b) intends to exercise a power under this Law in relation to 6 the heavy vehicle; and 7 (c) reasonably believes it is necessary to move the heavy 8 vehicle to enable the exercise of the power. 9 (2) To the extent reasonably necessary to enable the exercise of 10 the power, the authorised officer-- 11 (a) may move the heavy vehicle; or 12 (b) authorise someone else (the assistant) to move the 13 heavy vehicle. 14 Example-- 15 by driving, pushing or towing the heavy vehicle 16 (3) The authorised officer or assistant may enter the heavy vehicle 17 to enable the authorised officer or assistant to move it. 18 (4) Despite subsection (2), the authorised officer-- 19 (a) may only drive the heavy vehicle if the officer is 20 qualified and fit to drive it; and 21 (b) may only authorise the assistant to drive the heavy 22 vehicle if the assistant is qualified and fit to drive it. 23 (5) It is immaterial that-- 24 (a) the assistant is not the operator of the heavy vehicle; or 25 (b) the authorised officer or assistant is not authorised by 26 the operator to drive the heavy vehicle. 27 (6) The authorised officer or assistant may-- 28 (a) open unlocked doors and other unlocked panels and 29 things in the heavy vehicle; and 30 (b) use the force that is reasonably necessary to-- 31 Page 492

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (i) gain access to the heavy vehicle, its engine or other 1 mechanical components to enable it to be moved; 2 or 3 (ii) enable the heavy vehicle to be towed. 4 (7) The authorised officer must ensure that, so far as is reasonably 5 practicable, the driver or operator is notified that the vehicle 6 has been moved and the place to which it has been moved. 7 (8) The notification may be given orally or in any other way, 8 including, for example, by radio, telephone, fax or email. 9 519 Moving unattended heavy vehicle on road if causing 10 harm etc. 11 (1) This section applies if an authorised officer reasonably 12 believes-- 13 (a) a heavy vehicle on a road is unattended; and 14 (b) the heavy vehicle is-- 15 (i) causing, or creating an imminent risk of, serious 16 harm to public safety, the environment or road 17 infrastructure; or 18 (ii) obstructing traffic or likely to obstruct traffic. 19 (2) The authorised officer may move or authorise someone else 20 (the assistant) to move the heavy vehicle or, if it is a 21 combination, any component vehicle of the combination, to 22 the extent it is reasonably necessary to avoid the harm or 23 obstruction. 24 Example-- 25 by driving, pushing or towing the vehicle 26 (3) The authorised officer or assistant may-- 27 (a) enter the heavy vehicle to enable the authorised officer 28 or assistant to move it; and 29 (b) for a combination--separate any or all of the component 30 vehicles of the combination for the purpose of moving 1 31 or more of them. 32 Page 493

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (4) The authorised officer or assistant may drive the heavy vehicle 1 even if the officer or assistant is not qualified to drive it if the 2 authorised officer reasonably believes there is no-one else in 3 or near the vehicle who is more capable of driving it and fit 4 and willing to drive it. 5 (5) It is immaterial that-- 6 (a) the assistant is not the operator of the heavy vehicle; or 7 (b) the authorised officer or assistant is not authorised by 8 the operator to drive the heavy vehicle. 9 (6) In driving the heavy vehicle under subsection (4), the 10 authorised officer or assistant is exempt from a provision of an 11 Australian road law to the extent the provision would require 12 the authorised officer or assistant to be qualified to drive the 13 vehicle. 14 (7) The authorised officer or assistant may use the force that is 15 reasonably necessary to do anything that is reasonably 16 necessary to avoid the harm or obstruction. 17 Division 4 Inspecting and searching heavy 18 vehicles 19 520 Power to enter and inspect heavy vehicles for monitoring 20 purposes 21 (1) An authorised officer may enter and inspect a heavy vehicle 22 for monitoring purposes. 23 (2) Without limiting subsection (1), the authorised officer may-- 24 (a) inspect, examine or film any part of the heavy vehicle or 25 any part of its equipment or load; and 26 (b) without limiting paragraph (a), look for, check the 27 details of, or film a number plate, label or other thing 28 required to be displayed on the heavy vehicle under this 29 Law; and 30 (c) inspect a relevant document in the heavy vehicle; and 31 Page 494

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (d) copy, or take an extract from, a relevant document in the 1 heavy vehicle; and 2 (e) produce an image or writing in or near the vehicle from 3 an electronic relevant document in the vehicle or, if it is 4 not practicable to produce the image or writing in or 5 near the vehicle, take a thing containing the electronic 6 relevant document somewhere else to produce the image 7 or writing; and 8 (f) take an extract of relevant information from a device or 9 other thing found in the heavy vehicle, including, for 10 example-- 11 (i) by taking a copy of, or an extract from, a readout or 12 other data obtained from the device or other thing; 13 or 14 (ii) by accessing and downloading relevant 15 information from the device or other thing. 16 Example of device or other thing-- 17 an intelligent transport system 18 (3) The authorised officer may take a necessary step to allow the 19 exercise of a power under subsection (1) or (2), including, for 20 example-- 21 (a) open an unlocked door or an unlocked panel or thing on 22 the heavy vehicle; and 23 (b) move but not take away anything that is not locked up or 24 sealed. 25 (4) However, this section does not authorise an authorised officer 26 to use force for exercising a power under this section. 27 (5) If the authorised officer takes from the heavy vehicle a thing 28 containing an electronic relevant document to produce an 29 image or writing from the document, the image or writing 30 must be produced, and the thing must be returned to the 31 vehicle, as soon as practicable. 32 (6) In this section-- 33 electronic relevant document means a relevant document that 34 is an electronic document. 35 Page 495

Heavy Vehicle National Law Amendment Bill 2012 [s 12] relevant document means a document relating to a heavy 1 vehicle and required to be kept under this Law or a heavy 2 vehicle accreditation, including, for example, a document 3 required to be kept in the possession of the driver of a heavy 4 vehicle. 5 relevant information means information relating to a heavy 6 vehicle required to be kept under this Law or a heavy vehicle 7 accreditation. 8 521 Power to enter and search heavy vehicle involved, or 9 suspected to be involved, in an offence etc. 10 (1) An authorised officer may, using necessary and reasonable 11 help and force, enter and search a heavy vehicle for 12 investigation purposes if the officer reasonably believes-- 13 (a) the vehicle is being, or has been, used to commit an 14 offence against this Law; or 15 (b) the vehicle, or a thing in the vehicle, may provide 16 evidence of an offence against this Law that is being, or 17 has been, committed; or 18 (c) the vehicle has been or may have been involved in an 19 incident involving the death of, or injury to, a person or 20 damage to property. 21 (2) The authorised officer may form the necessary belief-- 22 (a) during or after an inspection of the heavy vehicle under 23 Part 9.2 or section 520; or 24 (b) independently of an inspection of the heavy vehicle 25 under Part 9.2 or section 520. 26 (3) Without limiting subsection (1), the authorised officer may-- 27 (a) search any part of the heavy vehicle or any part of its 28 equipment or load for evidence of an offence against 29 this Law; and 30 (b) inspect, examine or film any part of the heavy vehicle or 31 any part of its equipment or load; and 32 (c) without limiting paragraph (b), look for, check the 33 details of, or film a number plate, label or other thing 34 Page 496

Heavy Vehicle National Law Amendment Bill 2012 [s 12] required to be displayed on the heavy vehicle under this 1 Law; and 2 (d) search for and inspect a document, device or other thing 3 in the heavy vehicle; and 4 (e) take an extract from a document, device or other thing in 5 the heavy vehicle, including, for example-- 6 (i) by taking a copy of, or an extract from, a readout or 7 other data obtained from a device or other thing in 8 the vehicle; or 9 (ii) by accessing and downloading information from a 10 device or other thing in the vehicle; and 11 Example of device or other thing-- 12 an intelligent transport system 13 (f) copy a document in the heavy vehicle, or take a 14 document in the heavy vehicle somewhere else to copy 15 it; and 16 Examples of documents for the purposes of paragraphs (e) and 17 (f)-- 18 � a document required to be kept in the vehicle under this Law 19 or a heavy vehicle accreditation 20 � transport documentation 21 � journey documentation 22 � a document the authorised officer reasonably believes 23 provides, or may provide on further inspection, evidence of 24 an offence against this Law 25 (g) produce an image or writing in or near the vehicle from 26 an electronic document in the vehicle or, if it is not 27 practicable to produce the image or writing in or near 28 the vehicle, take a thing containing the electronic 29 document somewhere else to produce the image or 30 writing; and 31 (h) take the persons, equipment or materials the officer 32 reasonably requires into or onto the heavy vehicle. 33 Page 497

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (4) If the authorised officer takes a document from the heavy 1 vehicle to copy it, the document must be copied and returned 2 to the vehicle as soon as practicable. 3 (5) If the authorised officer takes from the heavy vehicle a thing 4 containing an electronic document to produce an image or 5 writing from the document, the image or writing must be 6 produced, and the thing must be returned to the vehicle, as 7 soon as practicable. 8 (6) This section does not authorise an authorised officer to 9 exercise a power under this section in relation to an incident 10 that involves the death of, or injury to, a person unless the 11 authorised officer is a police officer. 12 (7) The power to search under this section does not include a 13 power to search a person. 14 522 Power to order presentation of heavy vehicles for 15 inspection 16 (1) An authorised officer may, by notice under subsection (2), 17 require to be produced for inspection at a place and time 18 stated in the notice, a heavy vehicle-- 19 (a) that the officer reasonably believes has within the 20 preceding 30 days been used or will be used on a road if 21 the officer reasonably believes that-- 22 (i) the driver of the vehicle has not complied with this 23 Law in driving a heavy vehicle of that kind; or 24 (ii) the vehicle does not comply with this Law; or 25 (iii) the vehicle is a defective heavy vehicle as defined 26 in section 525; or 27 (b) without limiting paragraph (a), for the purpose of 28 deciding if a vehicle defect notice for the vehicle can be 29 cleared under section 530. 30 (2) A notice must be served on-- 31 (a) the person in charge of the heavy vehicle; or 32 (b) the registered operator or, if the heavy vehicle is not 33 registered, an owner. 34 Page 498

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (3) If a notice has been served on a person under this section-- 1 (a) the person may, not later than 24 hours before the time 2 stated in the notice, request an authorised officer to 3 change the place or time of inspection or both; and 4 (b) subject to paragraph (c), the authorised officer must-- 5 (i) consider the request; and 6 (ii) vary the notice by changing the place or time; and 7 (iii) notify the person of the change; and 8 (c) the authorised officer may refuse the request if the 9 officer considers-- 10 (i) there may be a safety risk in acceding to the 11 request; or 12 (ii) the request is made for an improper reason; or 13 (iii) it is otherwise not reasonable to vary the notice. 14 (4) An inspection may include any tests an authorised officer 15 decides to be appropriate. 16 (5) A person must not fail to produce a heavy vehicle for 17 inspection-- 18 (a) subject to paragraph (b), at the place and time stated in 19 the notice served on the person; or 20 (b) if the notice has been varied under this section, at the 21 place and time stated in the notice as varied. 22 Maximum penalty--$6000. 23 (6) Failure to produce or allow a heavy vehicle to be inspected as 24 required under this section is a ground for suspending the 25 registration of the vehicle. 26 Page 499

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Division 5 Other powers in relation to all heavy 1 vehicles 2 523 Starting or stopping heavy vehicle engine 3 (1) To enable an authorised officer to effectively exercise a power 4 under this Law in relation to a heavy vehicle, the officer may 5 enter the vehicle and start or stop its engine (take the 6 prescribed action) or authorise someone else (the assistant) to 7 enter the vehicle and take the prescribed action if-- 8 (a) a person fails to comply with a requirement made by an 9 authorised officer under section 577 to take the 10 prescribed action; or 11 (b) no responsible person for the heavy vehicle is available 12 or willing to take the prescribed action; or 13 (c) the authorised officer reasonably believes there is 14 no-one else in or near the vehicle who is more capable 15 of taking the prescribed action and is fit and willing to 16 do so. 17 (2) The authorised officer or assistant may use the force that is 18 reasonably necessary to enter the heavy vehicle and take the 19 prescribed action. 20 (3) Subsection (2) does not authorise the authorised officer or 21 assistant to use force against a person. 22 (4) It is immaterial that-- 23 (a) the assistant is not the operator of the heavy vehicle; or 24 (b) the authorised officer or assistant is not-- 25 (i) authorised by the operator to take the prescribed 26 action; or 27 (ii) qualified to take the prescribed action. 28 (5) This section does not authorise the authorised officer or 29 assistant to drive the heavy vehicle. 30 (6) In taking the prescribed action, the authorised officer or 31 assistant is exempt from a provision of an Australian road law 32 Page 500

Heavy Vehicle National Law Amendment Bill 2012 [s 12] to the extent the provision would require the authorised officer 1 or assistant to be qualified to take the prescribed action. 2 (7) In this section-- 3 start, in relation to a heavy vehicle's engine, includes run the 4 engine. 5 524 Direction to leave heavy vehicle 6 (1) This section applies if-- 7 (a) the driver of a heavy vehicle fails to comply with a 8 direction given by an authorised officer under this 9 Chapter; or 10 (b) an authorised officer reasonably believes the driver of a 11 heavy vehicle is not qualified, fit or authorised by the 12 operator to drive the vehicle in order to comply with a 13 direction the authorised officer may give under this 14 Chapter; or 15 (c) an authorised officer reasonably believes it would be 16 unsafe to inspect or search a heavy vehicle or any part of 17 it or any part of its equipment or load while the driver 18 occupies the driver's seat or is in the vehicle or another 19 person accompanying the driver is in the vehicle. 20 (2) The authorised officer may direct the driver to do 1 or more of 21 the following-- 22 (a) to vacate the driver's seat; 23 (b) to leave the heavy vehicle; 24 (c) not to occupy the driver's seat until permitted by an 25 authorised officer; 26 (d) not to enter the heavy vehicle until permitted by an 27 authorised officer. 28 (3) The authorised officer may direct any other person 29 accompanying the driver of the heavy vehicle to do either or 30 both of the following-- 31 (a) to leave the vehicle; 32 Page 501

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (b) not to enter the vehicle until permitted by an authorised 1 officer. 2 (4) A direction under subsection (2) or (3) may be made orally or 3 in any other way, including, for example, by way of a sign or 4 electronic or other signal. 5 (5) A person given a direction under subsection (2) or (3) must 6 comply with the direction, unless the person has a reasonable 7 excuse. 8 Maximum penalty--$6000. 9 Division 6 Further powers in relation to heavy 10 vehicles concerning heavy vehicle 11 standards 12 525 Definitions for Div 6 13 In this Division-- 14 defective heavy vehicle means a heavy vehicle that-- 15 (a) contravenes the heavy vehicle standards; or 16 (b) has a part that-- 17 (i) does not perform its intended function; or 18 (ii) has deteriorated to an extent that it can not be 19 reasonably relied on to perform its intended 20 function. 21 defective vehicle label means a label-- 22 (a) for attaching to a heavy vehicle to which a vehicle 23 defect notice applies; and 24 (b) stating-- 25 (i) the vehicle's registration number or, if the vehicle 26 is not registered, a temporary identification number 27 marked on the vehicle by the authorised officer 28 issuing the notice; and 29 Page 502

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (ii) that the vehicle must not be used on a road except 1 as specified in the notice; and 2 (iii) the identification details for the authorised officer 3 who issued the notice; and 4 (iv) the day and time the notice was issued; and 5 (v) the number of the notice. 6 identification details, for an authorised officer, means details 7 to identify the authorised officer, including, for example-- 8 (a) the officer's name; or 9 (b) an identification number allocated to the officer under 10 this Law or another law. 11 526 Issue of vehicle defect notice 12 (1) This section applies if an authorised officer who has inspected 13 a heavy vehicle under this Law reasonably believes-- 14 (a) the vehicle is a defective heavy vehicle; and 15 (b) the use of the vehicle on a road poses a safety risk. 16 (2) The authorised officer may issue the following notice in 17 relation to the heavy vehicle, in the way mentioned in 18 subsection (3)-- 19 (a) if the officer reasonably believes the safety risk is an 20 imminent and serious safety risk--a notice (a major 21 defect notice) stating the vehicle must not be used on a 22 road after the notice is issued other than to move it to a 23 stated location in a stated way; or 24 (b) if the officer reasonably believes the safety risk is not an 25 imminent and serious safety risk--a notice (a minor 26 defect notice) stating the vehicle must not be used on a 27 road after a stated time unless stated action required to 28 stop the vehicle from being a defective heavy vehicle is 29 taken. 30 (3) The authorised officer may issue the vehicle defect notice 31 by-- 32 Page 503

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) if the driver of the heavy vehicle is present--giving the 1 notice to the driver; or 2 (b) if the driver of the heavy vehicle is not 3 present--attaching the notice to the vehicle. 4 (4) If the driver of a heavy vehicle for which a vehicle defect 5 notice is issued under this section is not the operator of the 6 vehicle, the driver must, as soon as practicable, give the notice 7 to the operator. 8 Maximum penalty--$3000. 9 (5) An authorised officer may, on request made by the operator of 10 a heavy vehicle that is the subject of a vehicle defect notice, 11 give permission for the vehicle to be used on a road during a 12 period stated in the permission, but only if the authorised 13 officer is satisfied that-- 14 (a) the relevant repairs have been undertaken; and 15 (b) the vehicle will be taken within that stated period to be 16 inspected for the purpose of enabling the vehicle defect 17 notice to be cleared under section 530; and 18 (c) the request is necessary and reasonable; and 19 (d) the permitted use will not pose a safety risk. 20 (6) An authorised officer may, on request made by the operator of 21 a heavy vehicle that is the subject of a permission under 22 subsection (5), vary the permission by extending the stated 23 time that the vehicle may be used on a road, but only if the 24 authorised officer is satisfied-- 25 (a) the relevant repairs have been undertaken; and 26 (b) the vehicle will be taken within that extended period to 27 be inspected for the purpose of enabling the vehicle 28 defect notice to be cleared under section 530; and 29 (c) the request is necessary and reasonable; and 30 (d) the permitted use during the extended period will not 31 pose a safety risk. 32 (7) A permission under subsection (5) or an extension of time 33 under subsection (6) must be in writing and may be given 34 Page 504

Heavy Vehicle National Law Amendment Bill 2012 [s 12] unconditionally or subject to any reasonable conditions 1 imposed by the authorised officer. 2 (8) Subsections (5) and (6) have effect in relation to a heavy 3 vehicle that is the subject of a major defect notice despite 4 anything in subsection (2) or in the major defect notice. 5 527 Requirements about vehicle defect notice 6 (1) A vehicle defect notice for a heavy vehicle must be in the 7 approved form and state the following-- 8 (a) that the vehicle is a defective heavy vehicle and details 9 of how the vehicle is a defective heavy vehicle; 10 (b) for a notice given in circumstances mentioned in section 11 526(2)(a)--that the vehicle must not be used on a road 12 after the notice is issued other than to move it to a 13 location stated in the notice in the way stated in the 14 notice; 15 (c) for a notice given in circumstances mentioned in section 16 526(2)(b)--that the vehicle must not be used on a road 17 after a time stated in the notice unless action required to 18 stop the vehicle from being a defective heavy vehicle 19 stated in the notice is taken; 20 (d) the name of the vehicle's driver if known by the 21 authorised officer issuing the notice when the notice is 22 issued or, if the driver is not present or the driver's name 23 is not known by the authorised officer issuing the notice 24 when the notice is issued, the term `registered operator'; 25 (e) details to identify the vehicle, including, for example-- 26 (i) the vehicle's registration number or, if the vehicle 27 is not registered, a temporary identification number 28 marked on the vehicle by the authorised officer 29 issuing the notice; and 30 (ii) the vehicle's make and category; and 31 (iii) the vehicle's VIN or, if there is no VIN, the 32 vehicle's chassis number or engine number, but 33 only if it is practicable and safe to do so; 34 Page 505

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (f) the nature of the inspection that led to the notice being 1 issued; 2 (g) whether an infringement notice was also given when the 3 notice was issued; 4 (h) the identification details for the authorised officer who 5 issued the notice; 6 (i) that, if the notice is not cleared by the Regulator under 7 section 530, the vehicle's registration may be suspended 8 and subsequently cancelled under this Law; 9 (j) any conditions imposed under subsection (2). 10 (2) The authorised officer issuing a vehicle defect notice may 11 impose any conditions on the use of the defective heavy 12 vehicle the officer considers appropriate for use of the vehicle 13 on a road. 14 (3) Any conditions imposed under subsection (2) are taken to 15 form part of the vehicle defect notice concerned. 16 528 Defective vehicle labels 17 (1) If an authorised officer issues a major defect notice for a 18 heavy vehicle, the authorised officer must attach a defective 19 vehicle label to the vehicle. 20 (2) If an authorised officer issues a minor defect notice for a 21 heavy vehicle, the authorised officer may attach a defective 22 vehicle label to the vehicle. 23 (3) A person must not remove or deface a defective vehicle label 24 attached to a heavy vehicle under subsection (1) or (2). 25 Maximum penalty--$3000. 26 (4) Subsection (3) does not apply to a person removing a 27 defective vehicle label under section 530(2) or 531(4). 28 Page 506

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 529 Using defective heavy vehicles contrary to vehicle defect 1 notice 2 A person must not use, or permit to be used, on a road a heavy 3 vehicle in contravention of a vehicle defect notice. 4 Maximum penalty--$3000. 5 530 Clearance of vehicle defect notices 6 (1) A vehicle defect notice may be cleared by the Regulator if-- 7 (a) the Regulator decides the vehicle is no longer a 8 defective heavy vehicle; or 9 (b) the Regulator receives a notice, in the approved form, 10 from an authorised officer stating that the heavy vehicle 11 is no longer a defective heavy vehicle. 12 (2) If the Regulator clears a vehicle defect notice applying to a 13 heavy vehicle, the Regulator must arrange for any defective 14 vehicle label for the vehicle to be removed from the vehicle. 15 531 Amendment or withdrawal of vehicle defect notices 16 (1) A vehicle defect notice issued in this jurisdiction by an 17 authorised officer who is a police officer may be amended or 18 withdrawn by any authorised officer who-- 19 (a) is a police officer of this jurisdiction; or 20 (b) is a police officer of another jurisdiction if the 21 Application Act of this jurisdiction permits this to be 22 done; or 23 (c) is not a police officer but is of a class of authorised 24 officers for the time being approved by the Regulator for 25 the purposes of this subsection. 26 (2) A vehicle defect notice issued by an authorised officer who is 27 not a police officer may be amended or withdrawn by any 28 authorised officer who is of a class of authorised officers for 29 the time being approved by the Regulator for the purposes of 30 this subsection. 31 Page 507

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (3) If an authorised officer amends or withdraws a vehicle defect 1 notice for a heavy vehicle, the officer must give notice of the 2 amendment or withdrawal to the Regulator and the person to 3 whom the vehicle defect notice was issued. 4 (4) If an authorised officer withdraws a vehicle defect notice 5 applying to a heavy vehicle, the Regulator must arrange for 6 the defective vehicle label for the vehicle to be removed from 7 the vehicle. 8 Division 7 Further powers in relation to heavy 9 vehicles concerning mass, 10 dimension or loading requirements 11 532 Application of Div 7 12 This Division applies to a heavy vehicle regardless of whether 13 the vehicle is, has been, or becomes the subject of a direction 14 or requirement given or made by an authorised officer under 15 another provision of this Chapter. 16 533 Powers for minor risk breach of mass, dimension or 17 loading requirement 18 (1) This section applies if an authorised officer reasonably 19 believes a heavy vehicle-- 20 (a) is the subject of 1 or more minor risk breaches of mass, 21 dimension or loading requirements; and 22 (b) is not, or is no longer, also the subject of a substantial, or 23 severe, risk breach of a mass, dimension or loading 24 requirement. 25 (2) If the authorised officer reasonably believes it appropriate in 26 the circumstances, the officer may direct the driver or operator 27 of the heavy vehicle-- 28 (a) to immediately rectify stated breaches of mass, 29 dimension or loading requirements relating to the 30 vehicle; or 31 Page 508

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (b) to move the vehicle, or cause it to be moved, to a stated 1 place and not to move the vehicle, or cause it to be 2 moved, from there until stated breaches of mass, 3 dimension or loading requirements relating to the 4 vehicle are rectified. 5 Examples of circumstances for the purposes of subsection (2)-- 6 1 Rectification is reasonable and can be carried out easily. 7 2 Rectification is necessary in the public interest to avoid a safety 8 risk, damage to road infrastructure or an adverse effect on public 9 amenity. 10 (3) A place mentioned in subsection (2)(b) must be-- 11 (a) a place the authorised officer reasonably believes is 12 suitable for the purpose of complying with the direction; 13 and 14 (b) within a 30km radius from-- 15 (i) where the heavy vehicle is located when the 16 direction is given; or 17 (ii) if the direction is given in the course of the heavy 18 vehicle's journey--any point along the forward 19 route of the journey. 20 (4) If the authorised officer does not give the driver or operator of 21 a heavy vehicle a direction under subsection (2) and the 22 authorised officer reasonably believes the driver or operator is 23 not, or is no longer, subject to a direction for the rectification 24 of a minor risk breach of a mass, dimension or loading 25 requirement relating to the vehicle, the officer may authorise 26 the driver or operator to continue the vehicle's journey. 27 (5) A direction given under subsection (2) must be in writing and 28 may be given with or without conditions. 29 (6) Despite subsection (5), a direction to move a heavy vehicle 30 may be given orally if the moving of the vehicle is carried out 31 in the presence, or under the supervision, of an authorised 32 officer. 33 (7) The person to whom a direction is given under this section 34 must comply with the direction, unless the person has a 35 reasonable excuse. 36 Page 509

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Maximum penalty--$10000. 1 (8) In this section-- 2 stated means stated by the authorised officer. 3 534 Powers for substantial risk breach of mass, dimension or 4 loading requirement 5 (1) This section applies if an authorised officer reasonably 6 believes-- 7 (a) a heavy vehicle is the subject of 1 or more substantial 8 risk breaches of mass, dimension or loading 9 requirements; and 10 (b) the heavy vehicle is not, or is no longer, also the subject 11 of a severe risk breach of a mass, dimension or loading 12 requirement. 13 (2) The authorised officer must direct the driver or operator of the 14 heavy vehicle-- 15 (a) not to move the vehicle until stated breaches of mass, 16 dimension or loading requirements relating to the 17 vehicle are rectified; or 18 (b) to move the vehicle, or cause it to be moved, to a stated 19 reasonable place and not to move it, or cause it to be 20 moved, from there until stated breaches of mass, 21 dimension or loading requirements relating to the 22 vehicle are rectified. 23 Examples of reasonable place for the purposes of paragraph (b)-- 24 � the intended destination of the heavy vehicle's journey 25 � a depot of the heavy vehicle or, if the heavy vehicle is a 26 combination, a depot of a vehicle in the combination 27 � a weighbridge 28 � a rest area 29 � a place where the heavy vehicle can be loaded or unloaded 30 (3) A direction given under subsection (2) must be in writing and 31 may be given with or without conditions. 32 Page 510

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (4) Despite subsection (3), a direction to move a heavy vehicle 1 may be given orally if the moving of the vehicle is carried out 2 in the presence, or under the supervision, of an authorised 3 officer. 4 (5) The person to whom a direction is given under this section 5 must comply with the direction, unless the person has a 6 reasonable excuse. 7 Maximum penalty--$10000. 8 (6) In this section-- 9 stated means stated by the authorised officer. 10 535 Powers for severe risk breach of mass, dimension or 11 loading requirement 12 (1) This section applies if an authorised officer reasonably 13 believes a heavy vehicle is the subject of 1 or more severe risk 14 breaches of mass, dimension or loading requirements. 15 (2) The authorised officer must direct the driver or operator of the 16 heavy vehicle-- 17 (a) not to move the heavy vehicle until stated breaches of 18 mass, dimension or loading requirements relating to the 19 vehicle are rectified; or 20 (b) if the prescribed circumstances exist-- 21 (i) to move the vehicle, or cause it to be moved, to the 22 nearest stated safe location; and 23 (ii) not to proceed from there until stated breaches of 24 mass, dimension or loading requirements relating 25 to the vehicle are rectified. 26 (3) A direction given under subsection (2) must be in writing and 27 may be given with or without conditions. 28 (4) Despite subsection (3), a direction to move a heavy vehicle 29 may be given orally if the moving of the vehicle is carried out 30 in the presence, or under the supervision, of an authorised 31 officer. 32 Page 511

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (5) The person to whom a direction is given under this section 1 must comply with the direction, unless the person has a 2 reasonable excuse. 3 Maximum penalty--$10000. 4 (6) Nothing in this section prevents an authorised officer from 5 taking into account the safety of the heavy vehicle or any load 6 in it if the officer reasonably believes the officer can do so 7 without prejudicing the safety of other property, people, the 8 environment, road infrastructure or public amenity. 9 (7) In this section-- 10 prescribed circumstances means-- 11 (a) there is a risk of harm to public safety; or 12 (b) there is an appreciable risk of harm to the environment, 13 road infrastructure or public amenity. 14 risk of harm to public safety, in relation to a heavy vehicle-- 15 (a) includes the risk of harm to the safety of people, or live 16 animals, in the vehicle; but 17 (b) does not include the risk of harm to the safety of the 18 vehicle or goods, other than a live animal, in the vehicle. 19 safe location means a location where the authorised officer 20 reasonably believes the heavy vehicle will pose a reduced risk 21 or no appreciable risk of harm to public safety, the 22 environment, road infrastructure or public amenity. 23 Example of a safe location-- 24 � a depot of the heavy vehicle or, if the heavy vehicle is a 25 combination, a depot of a vehicle in the combination 26 � a weighbridge 27 � a rest area 28 � a place where the heavy vehicle can be loaded or unloaded 29 stated means stated by the authorised officer. 30 Page 512

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 536 Operation of direction in relation to a combination 1 (1) This section applies if a direction is given under this Division 2 in relation to a heavy combination. 3 (2) Subject to subsection (3), nothing in this Division prevents a 4 component vehicle of the heavy combination from being 5 separately driven or moved if-- 6 (a) the component vehicle is not itself the subject of a 7 contravention of a mass, dimension or loading 8 requirement; and 9 (b) it is not otherwise unlawful for the component vehicle to 10 be driven or moved. 11 (3) Subsection (2) does not apply if a condition of the direction 12 prevents the component vehicle from being separately driven 13 or moved. 14 Division 8 Further powers in relation to 15 fatigue-regulated heavy vehicles 16 537 Application of Div 8 17 This Division applies to a fatigue-regulated heavy vehicle 18 regardless of whether the vehicle is, has been, or becomes the 19 subject of a direction or requirement given or made by an 20 authorised officer under another provision of this Chapter. 21 538 Requiring driver to rest for contravention of maximum 22 work requirement 23 (1) This section applies if an authorised officer reasonably 24 believes the driver of a fatigue-regulated heavy vehicle has 25 contravened a maximum work requirement by working for a 26 period in excess of the maximum work time allowed under the 27 requirement. 28 (2) If the authorised officer reasonably believes the contravention 29 is a critical risk breach or severe risk breach, the authorised 30 officer must, by notice, require the driver-- 31 Page 513

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) to immediately rest for a stated period in accordance 1 with a minimum rest requirement applying to the driver; 2 and 3 (b) to work for a stated shorter period when the driver next 4 works to compensate for the excess period worked. 5 (3) If the authorised officer reasonably believes the contravention 6 is a substantial risk breach or minor risk breach, the 7 authorised officer may, by notice, require the driver-- 8 (a) to immediately rest for a stated period in accordance 9 with a minimum rest requirement applying to the driver; 10 and 11 (b) to work for a stated shorter period when the driver next 12 works to compensate for the excess period worked. 13 (4) If the authorised officer imposes a requirement under 14 subsection (2) or (3), the authorised officer must record details 15 of the requirement in the driver's work diary. 16 Note-- 17 Section 541 deals with the situation where the driver does not produce 18 the work diary or produces something as a work diary that the 19 authorised officer reasonably believes to be unacceptable. 20 539 Requiring driver to rest for contravention of minimum 21 rest requirement 22 (1) This section applies if an authorised officer reasonably 23 believes the driver of a fatigue-regulated heavy vehicle has 24 contravened a minimum rest requirement by resting for a 25 period shorter than the minimum rest time required under the 26 requirement. 27 (2) If the authorised officer reasonably believes the contravention 28 is a critical risk breach or severe risk breach, the authorised 29 officer must, by notice, require the driver-- 30 (a) to immediately rest for a stated period to compensate for 31 the shortfall between the period of rest the driver had 32 and the minimum rest time required under the minimum 33 rest requirement; and 34 Page 514

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (b) if the driver has failed to have 1 or more night rest 1 breaks required under a minimum rest requirement--to 2 have 1 or more night rest breaks to compensate for the 3 shortfall between the number of night rest breaks the 4 driver had and the number of night rest breaks required 5 under the minimum rest requirement. 6 (3) If the authorised officer reasonably believes the contravention 7 is a substantial risk breach or minor risk breach, the 8 authorised officer may, by notice, require the driver-- 9 (a) to immediately rest for a stated period to compensate for 10 the shortfall between the period of rest the driver had 11 and the minimum rest time required under the minimum 12 rest requirement; or 13 (b) to rest for an additional stated period, at the next rest 14 break the driver is required to have under a maximum 15 work requirement or minimum rest requirement, to 16 compensate for the shortfall between the period of rest 17 the driver had and the minimum rest time required under 18 the minimum rest requirement; or 19 (c) if the driver has failed to have 1 or more night rest 20 breaks required under a minimum rest requirement--to 21 have 1 or more night rest breaks to compensate for the 22 shortfall between the number of night rest breaks the 23 driver had and the number of night rest breaks required 24 under the minimum rest requirement. 25 (4) If the authorised officer imposes a requirement under 26 subsection (2) or (3), the authorised officer must record the 27 details of the requirement in the driver's work diary. 28 Note-- 29 Section 541 deals with the situation where the driver does not produce 30 the work diary or produces something as a work diary that the 31 authorised officer reasonably believes to be unacceptable. 32 540 Requiring driver to stop working if impaired by fatigue 33 (1) This section applies if an authorised officer reasonably 34 believes the driver of a fatigue-regulated heavy vehicle is 35 impaired by fatigue. 36 Page 515

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (2) The authorised officer may, by notice-- 1 (a) require the driver to immediately stop work and not 2 work again for a stated period; and 3 (b) if the officer has observed the driver driving in a way the 4 officer considers on reasonable grounds to be 5 dangerous, require the driver to also immediately stop 6 being in control of the fatigue-regulated heavy vehicle. 7 (3) A stated period under subsection (2)(a) must be a reasonable 8 period having regard to the matters prescribed for the 9 purposes of this section by the national regulations. 10 (4) If the authorised officer imposes a requirement under 11 subsection (2)(a), the authorised officer must record details of 12 the requirement in the driver's work diary. 13 Note-- 14 Section 541 deals with the situation where the driver does not produce 15 the work diary or produces something as a work diary that the 16 authorised officer reasonably believes to be unacceptable. 17 (5) If the authorised officer imposes a requirement under 18 subsection (2)(b), the authorised officer may authorise a 19 person to move the fatigue-regulated heavy vehicle to a 20 suitable rest place for fatigue-regulated heavy vehicles but 21 only if the person is qualified and fit to drive the vehicle. 22 (6) The national regulations may prescribe the matters to which 23 the authorised officer, or a court, must or may have regard 24 when deciding whether or not a person was impaired by 25 fatigue for the purposes of this section. 26 541 Requiring driver to stop working if work diary not 27 produced or unreliable 28 (1) This section applies if-- 29 (a) an authorised officer has, under section 568, asked the 30 driver of a fatigue-regulated heavy vehicle to produce a 31 work diary the driver is required to keep under this Law; 32 and 33 (b) either-- 34 Page 516

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (i) the driver has failed to produce the diary without a 1 reasonable excuse; or 2 (ii) the driver produces a document that the authorised 3 officer reasonably believes is not the work diary 4 the driver is required to keep under this Law; or 5 (iii) the authorised officer reasonably believes the work 6 diary, or purported work diary, produced by the 7 driver can not be relied on as an accurate record of 8 the time the driver recently spent working or 9 resting. 10 Examples for the purposes of subparagraph (iii)-- 11 � Information in the work diary appears to be incorrect. 12 � Particular information appears to be missing from the 13 work diary. 14 � The work diary appears to have been tampered with. 15 (2) The authorised officer may, by notice, require the driver to 16 immediately stop work and to not work again for a stated 17 period of up to 24 hours. 18 542 Compliance with requirement under this Division 19 (1) A person given a notice under this Division must comply with 20 the notice, unless the person has a reasonable excuse. 21 Maximum penalty--$10000. 22 (2) An authorised officer who gives a person a notice under 23 section 538, 539 or 541 may, by stating it in the notice, allow 24 the person to delay complying with the notice for a period of 25 up to 1 hour if the authorised officer reasonably believes-- 26 (a) the delay is necessary to allow the person time to drive 27 the relevant fatigue-regulated heavy vehicle to the 28 nearest suitable rest place for fatigue-regulated heavy 29 vehicles and it is reasonably safe to allow the person to 30 continue driving the vehicle to that place; or 31 (b) the delay is necessary to allow the person time to attend 32 to, or to secure, the load on the relevant 33 fatigue-regulated heavy vehicle before resting. 34 Page 517

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Part 9.4 Other powers 1 Division 1 Powers relating to equipment 2 543 Power to use equipment to access information 3 (1) This section applies if-- 4 (a) a thing found at a place, or in a vehicle, entered by an 5 authorised officer under this Chapter is, or includes, a 6 disc, tape or other device used for storing information 7 (the storage device); and 8 (b) equipment at the place, or in the vehicle, may be used 9 with the storage device to access information on the 10 storage device; and 11 (c) the authorised officer reasonably believes information 12 stored on the storage device may be relevant for 13 deciding whether this Law is being complied with. 14 (2) The authorised officer, or a person helping the officer, may 15 operate the equipment to access the information. 16 (3) A person may operate equipment under subsection (2) only if 17 the person reasonably believes the operation can be carried 18 out without damaging the equipment. 19 Note-- 20 See section 548 for action an authorised officer may take if the officer, 21 or a person helping the officer, finds a disc, tape or other device 22 containing information the officer reasonably believes is relevant for 23 deciding whether this Law has been contravened. 24 (4) In this section-- 25 equipment, at a place or in a vehicle, includes equipment 26 taken into the place or vehicle by the authorised officer. 27 544 Power to use equipment to examine or process a thing 28 (1) An authorised officer, or a person helping an authorised 29 officer, may operate equipment at a place, or in a vehicle, 30 entered under this Chapter to examine or process a thing 31 Page 518

Heavy Vehicle National Law Amendment Bill 2012 [s 12] found at the place, or in the vehicle, in order to decide whether 1 it is a thing that may be seized under this Chapter. 2 (2) Also, for a heavy vehicle entered under section 521, an 3 authorised officer, or a person helping the authorised officer, 4 may, for deciding whether a thing may be seized under section 5 547-- 6 (a) operate equipment in the vehicle to examine or process 7 the thing; or 8 (b) move the thing to another place if it is not practicable to 9 examine or process the thing where it is found, or the 10 vehicle's driver consents in writing, and operate 11 equipment at that place to examine or process the thing. 12 (3) However, subsections (1) and (2) only apply if the authorised 13 officer or person reasonably believes-- 14 (a) the equipment is suitable for exercising the power; and 15 (b) the power can be exercised without damaging the 16 equipment or thing. 17 (4) In this section-- 18 equipment, at a place or in a vehicle, includes equipment 19 taken into the place or vehicle by the authorised officer. 20 Division 2 Seizure and embargo notices 21 Subdivision 1 Power to seize 22 545 Seizing evidence at a place that may be entered without 23 consent or warrant 24 An authorised officer who enters a place the officer may enter 25 under this Chapter without the consent of its occupier and 26 without a warrant may seize a thing at the place if the officer 27 reasonably believes the thing is evidence of an offence against 28 this Law. 29 Page 519

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 546 Seizing evidence at a place that may be entered only with 1 consent or warrant 2 (1) This section applies if-- 3 (a) an authorised officer is authorised to enter a place only 4 with the consent of an occupier at the place or a warrant; 5 and 6 (b) the authorised officer enters the place after obtaining the 7 necessary consent or under a warrant. 8 (2) If the authorised officer enters the place with the occupier's 9 consent, the officer may seize a thing at the place if-- 10 (a) the officer reasonably believes the thing is evidence of 11 an offence against this Law; and 12 (b) seizure of the thing is consistent with the purpose of 13 entry as explained to the occupier when asking for the 14 occupier's consent. 15 (3) If the authorised officer enters the place under a warrant, the 16 officer may seize the evidence for which the warrant was 17 issued. 18 (4) The authorised officer may also seize anything else at the 19 place if the officer reasonably believes-- 20 (a) the thing is evidence of an offence against this Law; and 21 (b) the seizure is necessary to prevent the thing being-- 22 (i) hidden, lost or destroyed; or 23 (ii) used to continue, or repeat, the offence. 24 547 Seizing evidence in a heavy vehicle entered under s 521 25 An authorised officer who enters a heavy vehicle under 26 section 521 may seize a thing in the heavy vehicle if the 27 officer reasonably believes the thing is evidence of an offence 28 against this Law. 29 Page 520

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 548 Additional seizure power relating to information stored 1 electronically 2 (1) This section applies if, under this Chapter, an authorised 3 officer, or a person helping an authorised officer-- 4 (a) enters a place or heavy vehicle; and 5 (b) finds a disc, tape or other device used for storing 6 information (the original information storage device) 7 containing information the authorised officer reasonably 8 believes is relevant for deciding whether this Law has 9 been contravened. 10 (2) The authorised officer or person may-- 11 (a) put the information in documentary form and seize the 12 document; or 13 (b) copy the information from the original information 14 storage device to another information storage device and 15 seize the other information storage device; or 16 (c) seize the original information storage device and any 17 equipment at the place or in the vehicle necessary for 18 accessing the information contained in the device if-- 19 (i) it is not practicable to take action, at the place or in 20 the vehicle, under paragraph (a) or (b) in relation to 21 the information; and 22 (ii) the officer or person reasonably believes the device 23 and equipment can be seized without being 24 damaged. 25 549 Seizing thing or sample taken for examination under s 26 500 27 An authorised officer who takes a thing or sample for 28 examination under section 500(1)(c) may, after examining it, 29 seize the thing or sample if-- 30 (a) the officer reasonably believes the thing or sample is 31 evidence of an offence against this Law; and 32 (b) had the officer had the reasonable belief when the thing 33 or sample was taken, the officer could have seized the 34 Page 521

Heavy Vehicle National Law Amendment Bill 2012 [s 12] thing or the thing from which the sample was taken 1 under section 545 to 548. 2 550 Seizure of property subject to security 3 (1) An authorised officer may seize a thing under this Chapter, 4 and exercise powers relating to the thing, despite a lien or 5 other security over it claimed by another person. 6 (2) However, the seizure does not affect the other person's claim 7 to the lien or other security against a person other than the 8 authorised officer or a person helping the officer. 9 551 Seizure of number plates 10 (1) Without limiting any other provision of this Chapter, a power 11 under this Chapter for an authorised officer to seize a thing 12 includes a power to seize a number plate for a heavy vehicle 13 under subsection (2) or (3). 14 (2) An authorised officer may seize a number plate (whether or 15 not displayed on a heavy vehicle) if the officer reasonably 16 believes-- 17 (a) that the number plate is being used other than in 18 accordance with this Law or any other applicable law; or 19 (b) that the number plate was not issued in accordance with 20 this Law or any other applicable law. 21 (3) An authorised officer may seize a number plate if it is 22 displayed on a heavy vehicle and the officer reasonably 23 believes-- 24 (a) that the number plate does not bear the registration 25 number last assigned to the vehicle; or 26 (b) that-- 27 (i) the vehicle is not registered or exempted from 28 registration; and 29 (ii) the period during which the registration of the 30 vehicle may be renewed has expired. 31 (4) An authorised officer may retain-- 32 Page 522

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) a number plate seized under subsection (2) until the 1 officer is satisfied that it was not being so used and that 2 it was issued in accordance with this Law or any other 3 applicable law; or 4 (b) a number plate seized under subsection (3) until the 5 officer is satisfied that circumstances exist that allow it 6 to be used without being subject to retention under this 7 subsection. 8 (5) An authorised officer must return a number plate seized under 9 subsection (2) or (3) to-- 10 (a) the driver or operator of the vehicle, if the officer is 11 satisfied as to the relevant matters referred to in 12 subsection (4); or 13 (b) an appropriate authority, if the officer is not satisfied as 14 to those matters after a reasonable period. 15 (6) The national regulations may prescribe, or prescribe 16 guidelines for determining, an appropriate authority for the 17 purposes of subsection (5). 18 552 Restriction on power to seize certain things 19 (1) This Chapter does not authorise an authorised officer to 20 seize-- 21 (a) a heavy vehicle; or 22 (b) a thing, or a thing of a class, prescribed by the national 23 regulations. 24 (2) Subsection (1) does not apply if the Application Act of the 25 participating jurisdiction in which the vehicle or thing is 26 located provides that the heavy vehicle or thing can be 27 impounded or seized under a law of that jurisdiction. 28 Page 523

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Subdivision 2 Powers to support seizure 1 553 Requirement of person in control of thing to be seized 2 (1) To enable a thing to be seized under this Chapter, an 3 authorised officer may require the person in control of it-- 4 (a) to take it to a stated reasonable place by a stated 5 reasonable time; and 6 (b) if necessary, to remain in control of it at the stated place 7 for a stated reasonable period. 8 (2) The requirement-- 9 (a) must be made by notice; or 10 (b) if for any reason it is not practicable to give a notice, 11 may be made orally and confirmed by notice as soon as 12 practicable. 13 (3) A person of whom a requirement is made under this section 14 must comply with the requirement, unless the person has a 15 reasonable excuse. 16 Maximum penalty--$10000. 17 Subdivision 3 Safeguards for seized things or 18 samples 19 554 Receipt for seized thing or sample 20 (1) This section applies if an authorised officer seizes a thing or 21 sample under this Chapter unless-- 22 (a) it is impracticable or unreasonable for the officer to 23 account for the thing or sample given its condition, 24 nature and value; or 25 (b) for a thing seized other than under section 549--the 26 officer reasonably believes there is no-one apparently in 27 possession of the thing or the thing has been abandoned. 28 Page 524

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (2) The authorised officer must, as soon as practicable after the 1 thing or sample is seized, give the relevant person for the thing 2 or sample a receipt that generally describes the thing or 3 sample and its condition. 4 (3) However, for a thing seized other than under section 549, if a 5 relevant person for the thing is not present when the thing is 6 seized, the receipt may be given by leaving it in a conspicuous 7 position and in a reasonably secure way at the place at which 8 the thing was seized. 9 (4) The receipt may relate to more than 1 seized thing. 10 (5) In this section-- 11 relevant person means-- 12 (a) for a thing or sample seized under section 549-- 13 (i) an owner of the thing or sample; or 14 (ii) a person in possession of the thing, or the thing 15 from which the sample was taken, before the thing 16 or sample was taken for examination under section 17 500(1)(c); or 18 (b) for a thing seized under this Chapter other than under 19 section 549-- 20 (i) an owner of the thing; or 21 (ii) a person in possession of the thing before it was 22 seized. 23 555 Access to seized thing 24 (1) Until a thing seized under this Chapter is forfeited or returned, 25 the authorised officer who seized the thing must allow any 26 owner of the thing-- 27 (a) to inspect it at any reasonable time and from time to 28 time; and 29 (b) if it is a document--to copy it. 30 Page 525

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (2) Subsection (1) does not apply if it is impracticable or would 1 be unreasonable to allow the inspection or copying. 2 (3) The inspection or copying must be allowed free of charge. 3 556 Return of seized things or samples 4 (1) This section applies if-- 5 (a) an authorised officer has seized a thing or sample under 6 this Chapter; and 7 (b) the thing or sample is not forfeited under Division 3. 8 (2) If an authorised officer is satisfied that-- 9 (a) the thing or sample is not required (or is no longer 10 required) as evidence of an offence against this Law; 11 and 12 (b) the continued retention of the thing or sample is not 13 necessary to prevent the thing or sample being used to 14 continue, or repeat, an offence against this Law; and 15 (c) the thing or sample is not subject to a dispute as to 16 ownership, which would be appropriately resolved by 17 making an application under subsection (3) for the 18 return of the thing or sample; 19 the authorised officer must take reasonable steps to return the 20 thing or sample to the person from whom it was seized or to 21 the owner if that person is not entitled to possess it. 22 (3) An application for the return of the thing or sample may be 23 made to the relevant tribunal or court by-- 24 (a) the person from whom it was seized; or 25 (b) a person who claims to be the owner; or 26 (c) an authorised officer. 27 (4) If the relevant tribunal or court is satisfied that-- 28 (a) the thing or sample is not required (or is no longer 29 required) as evidence of an offence against this Law; 30 and 31 Page 526

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (b) the continued retention of the thing or sample is not 1 necessary to prevent the thing or sample being used to 2 continue, or repeat, an offence against this Law; and 3 (c) there are no reasonable grounds to suspect that the thing 4 or sample is likely to be used by any person in the 5 commission of an offence of a kind prescribed by the 6 national regulations for the purposes of this subsection; 7 the relevant tribunal or court may make an order for the return 8 of the thing or sample to the person from whom it was seized 9 or to the owner if that person is not entitled to possess it. 10 (5) The national regulations may-- 11 (a) provide for the procedures to be followed when an 12 application is made under subsection (3); and 13 (b) without limiting paragraph (a)-- 14 (i) provide for the notification of the Regulator or an 15 authorised officer (or both) of the making of the 16 application if it is made by a person who is not an 17 authorised officer; and 18 (ii) specify the information that is to be included in the 19 notification. 20 (6) Nothing in this section affects a lien or other security over a 21 thing. 22 (7) Nothing in this section prevents the return of a thing or sample 23 to its owner at any time if the Regulator considers there is no 24 reason for its continued retention. 25 Subdivision 4 Embargo notices 26 557 Power to issue embargo notice 27 (1) This section applies if-- 28 (a) an authorised officer may seize a thing under this 29 Chapter; and 30 Page 527

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (b) the thing can not, or can not readily, be physically seized 1 and removed. 2 (2) The authorised officer may issue a notice (an embargo notice) 3 under this section prohibiting any dealing with the thing or 4 any part of it without the written consent of the Regulator or 5 an authorised officer. 6 (3) The embargo notice-- 7 (a) must be in the approved form; and 8 (b) must list the activities it prohibits; and 9 (c) must include a copy of section 558. 10 (4) The authorised officer may issue the embargo notice-- 11 (a) by causing a copy of it to be served on the relevant 12 entity; or 13 (b) if a relevant entity can not be located after all reasonable 14 steps have been taken to do so, by fixing a copy of the 15 notice on the thing the subject of the notice in a 16 conspicuous position and in a reasonably secure way. 17 (5) In this section-- 18 dealing, with a thing or part of a thing, includes-- 19 (a) moving, selling, leasing or transferring the thing or part; 20 and 21 (b) changing information on, or deleting information from, 22 the thing or part. 23 relevant entity, for an embargo notice, means-- 24 (a) the driver of the heavy vehicle to which the thing the 25 subject of the notice relates; or 26 (b) the occupier of the place in which the thing the subject 27 of the notice is located. 28 558 Noncompliance with embargo notice 29 (1) A person (the relevant person) who knows an embargo notice 30 relates to a thing must not-- 31 Page 528

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) do anything the notice prohibits; or 1 (b) instruct someone else (the other person) to do anything 2 the notice prohibits-- 3 (i) anyone from doing; or 4 (ii) the relevant person or other person from doing. 5 Maximum penalty--$10000. 6 (2) In a proceeding for an offence against subsection (1) to the 7 extent it relates to a charge that the person charged with the 8 offence (defendant) moved an embargoed thing, or a part of 9 an embargoed thing, it is a defence for the defendant to prove 10 that he or she-- 11 (a) moved the embargoed thing, or part, to protect or 12 preserve it; and 13 (b) notified the authorised officer who issued the embargo 14 notice of the move and new location of the embargoed 15 thing, or part, within 48 hours after the move. 16 (3) A person served with an embargo notice must take all 17 reasonable steps to stop any other person from doing anything 18 prohibited by the notice. 19 Maximum penalty--$10000. 20 (4) Despite any other Act or law, a sale, lease, transfer or other 21 dealing with an embargoed thing in contravention of this 22 section is void. 23 559 Power to secure embargoed thing 24 (1) An authorised officer may take reasonable action to restrict 25 access to an embargoed thing. 26 (2) For the purposes of subsection (1), the authorised officer may, 27 for example-- 28 (a) seal the embargoed thing, or the entrance to the place 29 where the embargoed thing is located, and mark the 30 thing or place to show access to the thing or place is 31 restricted; or 32 (b) for equipment--make it inoperable; or 33 Page 529

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Example-- 1 dismantling equipment or removing a component of equipment 2 without which the equipment can not be used 3 (c) require a person the authorised officer reasonably 4 believes is in control of the embargoed thing, or the 5 place where the embargoed thing is located, to do an act 6 mentioned in paragraph (a) or (b) or anything else an 7 authorised officer could do under subsection (1). 8 (3) A person of whom a requirement is made under subsection 9 (2)(c) must comply with the requirement, unless the person 10 has a reasonable excuse. 11 Maximum penalty--$10000. 12 (4) If access to an embargoed thing is restricted under this 13 section, a person must not tamper with the thing or with 14 anything used to restrict access to the thing without-- 15 (a) an authorised officer's approval; or 16 (b) a reasonable excuse. 17 Maximum penalty--$10000. 18 (5) If access to a place is restricted under this section, a person 19 must not enter the place in contravention of the restriction or 20 tamper with anything used to restrict access to the place 21 without-- 22 (a) an authorised officer's approval; or 23 (b) a reasonable excuse. 24 Maximum penalty--$10000. 25 (6) The restricted access to an embargoed thing, or a place where 26 an embargoed thing is located, under this section applies only 27 for the period the thing is an embargoed thing. 28 560 Withdrawal of embargo notice 29 (1) This section applies if-- 30 (a) an authorised officer has issued an embargo notice for a 31 thing; and 32 Page 530

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (b) the thing has not been forfeited under Division 3. 1 (2) The authorised officer must withdraw the embargo notice-- 2 (a) generally--at the end of 3 months after it is issued; or 3 (b) if a relevant tribunal or court has made an order under 4 subsection (5) extending the time for withdrawing the 5 notice--at the end of the extended time; or 6 (c) if a proceeding for an offence involving the thing is 7 started before the notice must be withdrawn under 8 paragraph (a) or (b)--at the end of the proceeding and 9 any appeal from the proceeding. 10 (3) Despite subsection (2), if the embargo notice is issued on the 11 basis that the thing may provide evidence of an offence 12 against this Law, the authorised officer must as soon as 13 practicable withdraw the notice if the officer is satisfied-- 14 (a) the thing is no longer required as evidence of an offence 15 against this Law; and 16 (b) it is not necessary for the notice to continue to prevent 17 the thing being used to continue, or repeat, the offence. 18 (4) An authorised officer may apply to a relevant tribunal or court 19 within 3 months after the embargo notice is issued for an 20 extension of the time by which the notice must be withdrawn 21 under this section. 22 (5) The relevant tribunal or court may order the extension if it is 23 satisfied the continued operation of the embargo notice is 24 necessary for investigation purposes. 25 Division 3 Forfeiture and transfers 26 561 Power to forfeit particular things or samples 27 (1) If, under this Chapter, a thing or sample is taken for 28 examination by an authorised officer or a person authorised by 29 an authorised officer, or a thing or sample is seized by an 30 authorised officer, the Regulator may decide it is forfeited to 31 the Regulator if an authorised officer-- 32 Page 531

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) after making reasonable inquiries, can not find its 1 owner; or 2 (b) after making reasonable efforts, can not return it to its 3 owner. 4 (2) However, the authorised officer is not required to-- 5 (a) make inquiries if it would be unreasonable to make 6 inquiries to find the owner; or 7 (b) make efforts if it would be unreasonable to make efforts 8 to return the thing or sample to its owner. 9 Example for the purposes of paragraph (b)-- 10 the owner of the thing or sample has migrated to another country 11 (3) Regard must be had to the thing's or sample's condition, 12 nature and value in deciding-- 13 (a) whether it is reasonable to make inquiries or efforts; and 14 (b) if inquiries or efforts are made--what inquiries or 15 efforts, including the period over which they are made, 16 are reasonable. 17 (4) A thing or sample seized under this Chapter by a police 18 officer can not be forfeited to the Regulator but must be dealt 19 with under-- 20 (a) the national regulations, except as provided by 21 paragraph (b); or 22 (b) applicable legislation of the relevant State or Territory. 23 562 Information notice for forfeiture decision 24 (1) If the Regulator decides under section 561(1) to forfeit a thing 25 or sample, the Regulator must as soon as practicable give an 26 information notice for the decision to-- 27 (a) the person from whom the thing or sample was seized; 28 and 29 (b) the person who was the owner of the thing or sample 30 immediately before the forfeiture; and 31 Page 532

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (c) each person having a registered interest in the thing or 1 sample. 2 (2) The information notice may be given-- 3 (a) by post; or 4 (b) in the case of the person from whom the thing or sample 5 was seized, by leaving the notice in a conspicuous 6 position and in a reasonably secure way at-- 7 (i) for a thing or sample taken for examination, 8 whether or not it is seized under section 549--the 9 place where the thing or sample was taken; or 10 (ii) for a thing or sample seized under this Chapter 11 other than under section 549--the place where the 12 thing or sample was seized. 13 (3) However, subsection (2)(b) does not apply if the place is-- 14 (a) a public place; or 15 (b) a place where the notice is unlikely to be read by the 16 person for whom it is intended. 17 563 Forfeited or transferred thing or sample becomes 18 property of the Regulator 19 A thing or sample becomes the property of the Regulator if-- 20 (a) the thing or sample is forfeited to the Regulator under 21 section 561(1); or 22 (b) the owner of the thing or sample and the Regulator 23 agree, in writing, to the transfer of the ownership of the 24 thing or sample to the Regulator. 25 564 How property may be dealt with 26 (1) This section applies if, under section 563, a thing or sample 27 becomes the property of the Regulator. 28 (2) The Regulator may take action under this section after giving 29 28 days' notice of the intention to do so to-- 30 Page 533

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) the person from whom the thing or sample was seized; 1 and 2 (b) the person who was the owner of the thing or sample 3 immediately before the forfeiture; and 4 (c) each person having a registered interest in the thing or 5 sample. 6 (3) The Regulator may deal with the thing or sample as the 7 Regulator considers appropriate, including, for example, by 8 destroying it or giving it away. 9 (4) The Regulator must not deal with the thing or sample in a way 10 that could prejudice the outcome of a review of the decision to 11 forfeit the thing or sample, or an appeal against the decision 12 on that review, under this Law. 13 (5) If the Regulator sells the thing or sample, the Regulator may, 14 after deducting the costs of the sale, return the proceeds of the 15 sale to the person who was the owner of the thing or sample 16 immediately before the forfeiture. 17 565 Third party protection 18 (1) This section applies if, under section 563, a thing or sample 19 becomes the property of the Regulator and applies to the 20 following parties-- 21 (a) the owner of the thing or sample, except where the 22 owner gave consent under section 563(b); 23 (b) a person who has a registered interest in the thing or 24 sample. 25 (2) A party mentioned in subsection (1) may apply to a relevant 26 tribunal or court for an order-- 27 (a) that ownership of the thing or sample be transferred to 28 the applicant, if the applicant had full ownership of the 29 thing or sample immediately before the thing or sample 30 became the property of the Regulator under section 561; 31 or 32 Page 534

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (b) that, if the applicant had a registered interest in the thing 1 or sample immediately before it became the property of 2 the Regulator-- 3 (i) the thing or sample be sold; and 4 (ii) the Regulator pay to the applicant, and any other 5 persons with a registered interest in the thing or 6 sample, an amount commensurate with the value of 7 their respective interest. 8 (3) If the thing or sample has been sold or otherwise disposed of, 9 the Regulator must pay to-- 10 (a) an applicant who had a registered interest in the thing or 11 sample immediately before the thing or sample was sold 12 or otherwise disposed of, an amount commensurate with 13 the value of the applicant's interest; or 14 (b) an applicant who was an owner of the thing or sample, 15 the amount obtained through its sale or disposal. 16 (4) Leave of the relevant tribunal or court is required to bring an 17 application if 6 months or more have elapsed since the thing 18 or sample became the property of the Regulator. 19 (5) The relevant tribunal or court may grant leave under 20 subsection (4) only if it is satisfied that the delay in making 21 the application was not due to the applicant's neglect. 22 (6) The relevant tribunal or court may make an order-- 23 (a) declaring the nature, extent and, if necessary for the 24 order, the value (at the time the declaration is made) of 25 the applicant's registered interest; and 26 (b) directing the Regulator-- 27 (i) if the thing or sample is vested in the Regulator and 28 the applicant has full ownership of the thing or 29 sample, to transfer ownership of the thing or 30 sample to the applicant; or 31 (ii) if the thing or sample is no longer vested in the 32 Regulator, or if the applicant does not have full 33 ownership of the thing or sample, to pay to the 34 Page 535

Heavy Vehicle National Law Amendment Bill 2012 [s 12] applicant the value of the applicant's registered 1 interest in the thing or sample. 2 (7) The relevant tribunal or court may make an order under 3 subsection (6) only if it is satisfied that the offence with 4 respect to which the thing or sample was seized occurred 5 without the knowledge or consent of the applicant. 6 (8) Any amount to be paid under this section is to be paid out of 7 the proceeds (if any) of the sale of the thing or sample. 8 (9) The Regulator may deduct any reasonable costs incurred in 9 dealing with the thing or sample from an amount ordered to be 10 paid under this section. 11 566 National regulations 12 The national regulations may prescribe-- 13 (a) the circumstances in which the Regulator must apply to 14 the Registrar of Personal Property Securities under the 15 Personal Property Securities Act 2009 of the 16 Commonwealth to register, amend or cancel an 17 instrument in relation to a sample or thing referred to in 18 this Division; and 19 (b) the priority in which the proceeds of the disposal of 20 anything under this Division are to be applied. 21 Division 4 Information-gathering powers 22 567 Power to require name, address and date of birth 23 (1) This section applies if an authorised officer-- 24 (a) finds a person committing an offence against this Law; 25 or 26 (b) finds a person in circumstances that lead the officer to 27 reasonably suspect the person has committed an offence 28 against this Law; or 29 Page 536

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (c) has information that leads the officer to reasonably 1 suspect a person has committed an offence against this 2 Law; or 3 (d) reasonably suspects a person is or was the driver of or 4 other person in charge of a heavy vehicle that has been 5 or may have been involved in an incident involving the 6 death of, or injury to, a person or damage to property; or 7 (e) reasonably suspects a person is or may be a responsible 8 person for a heavy vehicle; or 9 (f) reasonably suspects a person is or may be able to help in 10 the investigation of an offence against this Law. 11 (2) The authorised officer may require the person to state the 12 person's name, address and date of birth. 13 (3) The authorised officer may also require the person to give 14 evidence of the correctness of the stated name, address or date 15 of birth if-- 16 (a) the officer reasonably suspects that the stated name, 17 address or date of birth is incorrect; and 18 (b) in the circumstances, it would be reasonable to expect 19 the person to-- 20 (i) be in possession of evidence of the correctness of 21 the stated name, address or date of birth; or 22 (ii) otherwise be able to give the evidence. 23 (4) A person of whom a requirement is made under subsection (2) 24 or (3) must comply with the requirement, unless the person 25 has a reasonable excuse. 26 Maximum penalty--$3000. 27 (5) If a person of whom a requirement is made under subsection 28 (2) or (3) requests, when the requirement is made, the 29 authorised officer to produce the officer's identification 30 details, the officer must as soon as practicable produce for the 31 inspection of the person-- 32 (a) for an authorised officer who is a police officer--an 33 identity card or other document evidencing the officer's 34 appointment as a police officer; or 35 Page 537

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (b) for an authorised officer who is not a police officer--the 1 identity card issued to the officer under this Law or 2 another document evidencing the officer's appointment 3 as an authorised officer. 4 (6) Subsection (5)(a) does not apply to a police officer in uniform. 5 (7) In a proceeding for an offence of contravening a requirement 6 made under subsection (2) to state a business address, it is a 7 defence for the person charged to prove that-- 8 (a) the person did not have a business address; or 9 (b) the person's business address was not connected, 10 directly or indirectly, with road transport involving 11 heavy vehicles. 12 (8) This section does not authorise an authorised officer to impose 13 a requirement under this section in relation to an incident that 14 involves the death of, or injury to, a person unless the 15 authorised officer is a police officer. 16 (9) In this section-- 17 address, of a person, includes the person's residential and 18 business address and, for a person temporarily in this 19 jurisdiction, includes the place where the person is living in 20 this jurisdiction. 21 568 Power to require production of document etc. required to 22 be in driver's possession 23 (1) This section applies if a heavy vehicle-- 24 (a) is stationary on a road; or 25 (b) is in or at a place entered by an authorised officer under 26 Part 9.2; or 27 (c) has been stopped under section 513. 28 (2) An authorised officer may, for compliance purposes, require 29 the driver of the heavy vehicle to produce, for inspection by 30 the officer a document, device or other thing the driver is 31 required under this Law to keep in the driver's possession 32 while driving the vehicle. 33 Page 538

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Examples-- 1 � a copy of a Commonwealth Gazette notice or permit 2 � a work diary 3 (3) A person of whom a requirement is made under subsection (2) 4 must comply with the requirement, unless the person has a 5 reasonable excuse. 6 Maximum penalty--an amount equal to the amount of the 7 maximum penalty for an offence of failing to keep the 8 document, device or other thing in the driver's possession. 9 (4) It is not a reasonable excuse for the person to fail to comply 10 with a requirement made under subsection (2)-- 11 (a) that the person does not have the document, device or 12 other thing in his or her immediate possession; or 13 (b) that complying with the requirement might tend to 14 incriminate the person or make the person liable to a 15 penalty. 16 (5) The authorised officer may-- 17 (a) take a copy of, or an extract from, a document 18 mentioned in subsection (2); or 19 (b) produce an image or writing from a document 20 mentioned in subsection (2) that is an electronic 21 document; or 22 (c) take an extract from a device or other thing mentioned in 23 subsection (2), including, for example-- 24 (i) by taking a copy of, or an extract from, a readout or 25 other data obtained from the device or other thing; 26 or 27 (ii) by accessing and downloading information from 28 the device or other thing; or 29 (d) seize a document, device or other thing mentioned in 30 subsection (2) if the authorised officer reasonably 31 believes the document, device or other thing may 32 provide evidence of an offence against this Law. 33 Page 539

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (6) If, under subsection (5), the authorised officer copies, takes an 1 extract from, or produces an image or writing from, a 2 document or an entry in a document, the officer may require 3 the person responsible for keeping the document to certify the 4 copy as a true copy of the document or entry. 5 (7) A person of whom a requirement is made under subsection (6) 6 must comply with the requirement, unless the person has a 7 reasonable excuse. 8 Maximum penalty--$3000. 9 (8) If a document, device or other thing is produced to an 10 authorised officer under this section and it is not seized under 11 subsection (5)(d), the officer must return it to the person who 12 produced it-- 13 (a) as soon as practicable after the officer inspects it; or 14 (b) if the officer takes a copy of, extract from, or produces 15 an image or writing from, it under subsection (5)(a), (b) 16 or (c), as soon as practicable after the copy or extract is 17 taken or the image or writing is produced. 18 (9) However, if a requirement is made of the person under 19 subsection (6) for a document, the authorised officer may 20 keep the document until the person complies with the 21 requirement. 22 569 Power to require production of documents etc. generally 23 (1) An authorised officer may require a responsible person for a 24 heavy vehicle to make available for inspection by an 25 authorised officer, or to produce to an authorised officer for 26 inspection, at a reasonable time and place nominated by the 27 officer-- 28 (a) a document issued to the person under this Law; or 29 (b) a document, device or other thing required to be kept by 30 the person under this Law or a heavy vehicle 31 accreditation; or 32 (c) transport documentation or journey documentation in 33 the person's possession or under the person's control; or 34 Page 540

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (d) a document in the person's possession or under the 1 person's control relating to-- 2 (i) the use, performance or condition of a heavy 3 vehicle; or 4 (ii) the ownership, insurance, licensing or registration 5 of a heavy vehicle; or 6 (iii) the load or equipment carried or intended to be 7 carried by a heavy vehicle, including, for example, 8 a document relating to insurance of the load or 9 equipment; or 10 (e) a document in the person's possession or under the 11 person's control relating to any business practices; or 12 (f) a document in the person's possession or under the 13 person's control showing that a heavy vehicle's garage 14 address recorded in the vehicle register is or is not the 15 vehicle's actual garage address. 16 (2) A person of whom a requirement is made under subsection (1) 17 must comply with the requirement, unless the person has a 18 reasonable excuse. 19 Maximum penalty--$6000. 20 (3) Compliance with a requirement made under subsection (1) for 21 an electronic document requires the making available or 22 production of a clear written reproduction of the electronic 23 document. 24 (4) It is not a reasonable excuse for the person to fail to comply 25 with a requirement made under subsection (1) that complying 26 with the requirement might tend to incriminate the person or 27 make the person liable to a penalty. 28 (5) The authorised officer may-- 29 (a) take a copy of, or an extract from, a document 30 mentioned in subsection (1); or 31 (b) produce an image or writing from a document 32 mentioned in subsection (1) that is an electronic 33 document; or 34 Page 541

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (c) take an extract from a device or other thing mentioned in 1 subsection (1)(b), including, for example-- 2 (i) by taking a copy of, or an extract from, a readout or 3 other data obtained from the device or other thing; 4 or 5 (ii) by accessing and downloading information from 6 the device or other thing; or 7 (d) seize a document, device or other thing mentioned in 8 subsection (1) if the authorised officer reasonably 9 believes the document, device or other thing may 10 provide evidence of an offence against this Law. 11 (6) If, under subsection (5), the authorised officer copies, takes an 12 extract from, or produces an image or writing from, a 13 document or an entry in a document, the officer may require 14 the person responsible for keeping the document to certify the 15 copy as a true copy of the document or entry. 16 (7) A person of whom a requirement is made under subsection (6) 17 must comply with the requirement, unless the person has a 18 reasonable excuse. 19 Maximum penalty--$3000. 20 (8) If a document, device or other thing is produced to an 21 authorised officer under this section and it is not seized under 22 subsection (5)(d), the officer must return it to the person who 23 produced it-- 24 (a) as soon as practicable after the officer inspects it; or 25 (b) if the officer takes a copy of, extract from, or produces 26 an image or writing from, it under subsection (5)(a), (b) 27 or (c), as soon as practicable after the copy or extract is 28 taken or the image or writing is produced. 29 (9) However, if a requirement is made of the person under 30 subsection (6) for a document, the authorised officer may 31 keep the document until the person complies with the 32 requirement. 33 (10) A requirement under subsection (1) in relation to a document 34 referred to in subsection (1)(e) may be made only in relation 35 to an alleged or possible offence against section 204 or 230. 36 Page 542

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 570 Power to require information about heavy vehicles 1 (1) An authorised officer may, for compliance purposes, require a 2 responsible person for a heavy vehicle to give the officer-- 3 (a) information about the vehicle or any load or equipment 4 carried or intended to be carried by the vehicle; or 5 (b) personal details known to the responsible person about 6 any other responsible person for the vehicle. 7 (2) Without limiting subsection (1), a responsible person who is 8 associated with a particular vehicle may be required to 9 provide information about the current or intended journey of 10 the vehicle, including, for example, the following-- 11 (a) the location of the start or intended start of the journey; 12 (b) the route or intended route of the journey; 13 (c) the location of the destination or intended destination of 14 the journey. 15 (3) A person of whom a requirement is made under subsection (1) 16 must comply with the requirement, unless the person has a 17 reasonable excuse. 18 Maximum penalty--$6000. 19 (4) Without limiting what may be a reasonable excuse for the 20 purposes of subsection (3), in a proceeding for an offence of 21 contravening a requirement under subsection (1), it is a 22 defence for the person charged to prove that the person did not 23 know, and could not be reasonably expected to know or 24 ascertain, the required information. 25 (5) It is not a reasonable excuse for a person to fail to comply 26 with a requirement made under subsection (1) that complying 27 with the requirement might tend to incriminate the person or 28 make the person liable to a penalty. 29 (6) In this section-- 30 information includes electronically stored information. 31 personal details, about a responsible person, means-- 32 (a) the person's name; or 33 Page 543

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (b) the person's residential address or business address. 1 responsible person, for a heavy vehicle, for the exercise of a 2 power under this section in relation to a speeding offence, 3 does not include-- 4 (a) a person mentioned in section 5, definition responsible 5 person, paragraph (i), (j), (k) or (n); or 6 Note-- 7 Those paragraphs deal with persons who pack, load or unload 8 goods or containers, and owners and operators etc. of 9 weighbridges or weighbridge facilities. 10 (b) an employer, employee, agent or subcontractor of that 11 person. 12 speeding offence means an offence committed by the driver 13 of a heavy vehicle because the driver exceeded a speed limit 14 applying to the driver. 15 Division 5 Improvement notices 16 571 Authorised officers to whom Division applies 17 (1) This Division applies to an authorised officer who is a police 18 officer only if the police officer has the relevant police 19 commissioner's written authority to issue improvement 20 notices under this Division. 21 (2) This Division applies to an authorised officer who is not a 22 police officer only if the officer's instrument of appointment 23 provides that the authorised officer may issue improvement 24 notices under this Division. 25 572 Improvement notices 26 (1) This section applies if an authorised officer reasonably 27 believes a person has contravened or is contravening a 28 provision of this Law in circumstances that make it likely that 29 the contravention will continue or be repeated. 30 Page 544

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (2) The authorised officer may give the person a notice (an 1 improvement notice) requiring the person to take action 2 within a stated period to stop the contravention from 3 continuing or occurring again or to remedy the matters or 4 activities occasioning the contravention. 5 (3) The period stated in the improvement notice within which the 6 person is required to comply with the notice must be at least 7 7 days after the notice is given unless the authorised officer is 8 satisfied it is reasonable to require the person to comply with 9 the notice in a shorter period because-- 10 (a) it is reasonably practicable for the person to comply 11 with the notice within the shorter period; and 12 (b) requiring the person to comply with the notice within 13 the shorter period is not likely to involve-- 14 (i) a higher cost to the person to comply with the 15 notice; or 16 (ii) a more adverse effect on the person's business 17 operations. 18 (4) The improvement notice must be in the approved form and 19 state the following-- 20 (a) that the authorised officer reasonably believes the 21 person has contravened or is contravening a provision of 22 this Law in circumstances that make it likely that the 23 contravention will continue or be repeated; 24 (b) the reasons for that belief; 25 (c) the provision of this Law in relation to which that belief 26 is held; 27 (d) that the person must take action within a stated period to 28 stop the contravention from continuing or occurring 29 again or to remedy the matters or activities occasioning 30 the contravention; 31 (e) the review and appeal information for the decision to 32 give the notice; 33 (f) that the notice is given under this section. 34 Page 545

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (5) The improvement notice may state the way the action is to be 1 taken. 2 573 Contravention of improvement notice 3 (1) A person given an improvement notice must comply with the 4 notice, unless the person has a reasonable excuse. 5 Maximum penalty--$10000. 6 (2) In a proceeding for an offence against subsection (1), it is a 7 defence for the person charged to prove that the alleged 8 contravention, or the matters or activities occasioning the 9 alleged contravention, were remedied within the period stated 10 in the improvement notice, though in a way different to that 11 stated in the notice. 12 (3) A person who is given an improvement notice in relation to a 13 contravention of a provision of this Law can not be proceeded 14 against for an offence constituted by the contravention 15 unless-- 16 (a) the person fails to comply with the improvement notice 17 and does not have a reasonable excuse for the 18 noncompliance; or 19 (b) the improvement notice is revoked under section 575. 20 574 Amendment of improvement notice 21 (1) An improvement notice given by an authorised officer who is 22 a police officer may be amended by any authorised officer 23 who is a police officer and who has the relevant police 24 commissioner's written authority to issue improvement 25 notices under this Division. 26 (2) An improvement notice given by an authorised officer who is 27 not a police officer may be amended by any authorised officer 28 who is not a police officer. 29 (3) An amendment of an improvement notice given to a person is 30 ineffective to the extent it purports to deal with a 31 contravention of a different provision of this Law to that dealt 32 with in the improvement notice when first given. 33 Page 546

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (4) If an authorised officer decides to amend an improvement 1 notice given to a person, the officer must give the person 2 notice of the amendment stating the following-- 3 (a) the amendment; 4 (b) the reasons for the amendment; 5 (c) the review and appeal information for the decision to 6 amend the improvement notice. 7 Note-- 8 Section 23 of Schedule 1 allows for the amendment of an improvement 9 notice. 10 575 Revocation of an improvement notice 11 (1) An improvement notice given to a person by an authorised 12 officer who is a police officer may be revoked, by giving 13 notice of the revocation to the person, by-- 14 (a) the relevant police commissioner; or 15 (b) an authorised officer who-- 16 (i) is a police officer; and 17 (ii) has the relevant police commissioner's written 18 authority to issue improvement notices under this 19 Division; and 20 (iii) is more senior in rank to the police officer who 21 gave the notice to the person. 22 (2) An improvement notice given to a person by an authorised 23 officer who is not a police officer may be revoked by the 24 Regulator by giving notice of the revocation to the person. 25 (3) Section 23 of Schedule 1 does not apply in relation to the 26 revocation of the improvement notice. 27 576 Clearance certificate 28 (1) An approved authorised officer may issue a certificate (a 29 clearance certificate) stating that all or stated requirements of 30 an improvement notice have been complied with. 31 Page 547

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (2) If a person to whom an improvement notice is given receives a 1 clearance certificate about the improvement notice, each 2 requirement of the improvement notice that the certificate 3 states has been complied with stops being operative. 4 (3) In this section-- 5 approved authorised officer means-- 6 (a) for an improvement notice given by an authorised 7 officer who is a police officer--any authorised officer 8 who is a police officer and who has the relevant police 9 commissioner's written authority to issue improvement 10 notices under this Division; or 11 (b) for an improvement notice given by an authorised 12 officer who is not a police officer--any authorised 13 officer who is not a police officer. 14 Division 6 Power to require reasonable help 15 577 Power to require reasonable help 16 (1) An authorised officer who enters a place under this Chapter 17 may require an occupier of the place or a person at the place to 18 give the officer reasonable help to exercise a power under this 19 Chapter. 20 (2) An authorised officer who is exercising a power under this 21 Chapter in relation to a heavy vehicle on a road may require 22 the vehicle's driver to give the officer reasonable help to 23 exercise the power. 24 (3) Without limiting subsection (1) or (2), a requirement under 25 the subsection may be that the occupier, person or driver-- 26 (a) produce a document or give information to the 27 authorised officer; or 28 Example-- 29 The authorised officer wishes to obtain information relating to the 30 purpose of the entry. Information of that type is stored or recorded on a 31 computer at the place. The authorised officer may require the occupier 32 Page 548

Heavy Vehicle National Law Amendment Bill 2012 [s 12] to give reasonable help to produce a reproduction of the information 1 from the computer. 2 (b) help the authorised officer to find and gain access to a 3 document or information, including electronically 4 stored information; or 5 Examples of documents or information-- 6 � a document about the heavy vehicle's performance, specifications 7 (including the dimensions and other physical attributes of the 8 vehicle or its fittings), functional capabilities (including the 9 vehicle's GVM, GCM and speed capabilities) or authorised 10 operations required to be kept in the vehicle under this Law or a 11 heavy vehicle accreditation 12 � a weighing document for a container loaded on to the heavy vehicle 13 � a telephone record 14 (c) help the authorised officer to weigh or measure-- 15 (i) a heavy vehicle or a component of a heavy vehicle; 16 or 17 (ii) the whole or part of a heavy vehicle's load or 18 equipment; or 19 (d) start or stop the engine of a heavy vehicle under section 20 523; or 21 (e) help the authorised officer to operate equipment or 22 facilities for a purpose relevant to the power being or 23 proposed to be exercised; or 24 (f) provide access free of charge to photocopying 25 equipment for the purpose of copying any records or 26 other material. 27 (4) A person of whom a requirement is made under subsection (1) 28 or (2) must comply with the requirement, unless the person 29 has a reasonable excuse. 30 Maximum penalty--$10000. 31 (5) Without limiting what may be a reasonable excuse for the 32 purposes of subsection (4), it is a reasonable excuse for a 33 person not to comply with a requirement made under 34 subsection (1) or (2) if doing so would require the person to 35 Page 549

Heavy Vehicle National Law Amendment Bill 2012 [s 12] take action that is outside the scope of the business or other 1 activities of the person. 2 (6) It is not a reasonable excuse for a person to fail to comply 3 with a requirement made under subsection (1) or (2), in 4 relation to a document or information that is the subject of the 5 requirement, if doing so might tend to incriminate the person 6 or make the person liable to a penalty. 7 (7) If a requirement made under subsection (1) or (2) is that the 8 occupier of, or person at, a place start or stop the engine of a 9 heavy vehicle-- 10 (a) it is immaterial that the occupier or person is not-- 11 (i) the operator of the vehicle; or 12 (ii) authorised by the operator to drive the vehicle or 13 start or stop its engine; or 14 (iii) qualified to drive the vehicle or start or stop its 15 engine; and 16 (b) in starting or stopping the engine of the vehicle in 17 compliance with the requirement, the occupier or person 18 is exempt from a provision of an Australian road law to 19 the extent the provision would require the occupier or 20 person to be qualified to start or stop the engine. 21 Part 9.5 Provisions about exercise of 22 powers 23 Division 1 Damage in exercising powers 24 578 Duty to minimise inconvenience or damage 25 (1) In exercising a power under this Law, an authorised officer 26 must take all reasonable steps to cause as little inconvenience, 27 and do as little damage, as possible. 28 Page 550

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (2) Subsection (1) does not provide for a statutory right of 1 compensation other than as provided under Division 2. 2 Note-- 3 Division 2 provides for compensation for costs, damage or loss incurred 4 because of the exercise of a power by an authorised officer under this 5 Chapter. 6 579 Restoring damaged thing 7 (1) This section applies if-- 8 (a) an authorised officer damages something when 9 exercising, or purporting to exercise, a power under this 10 Law and the damage was caused by an improper or 11 unreasonable exercise of the power or the use of 12 unauthorised force; or 13 (b) a person (the assistant) acting under the direction or 14 authority of an authorised officer damages something 15 and the damage was caused by an improper or 16 unreasonable exercise of a power or the use of 17 unauthorised force. 18 (2) The authorised officer must take all reasonable steps to restore 19 the thing to the condition it was in immediately before the 20 officer exercised the power, or the assistant took action under 21 the officer's direction or authority. 22 580 Notice of damage 23 (1) This section applies if-- 24 (a) an authorised officer damages something when 25 exercising, or purporting to exercise, a power under this 26 Law; or 27 (b) a person (the assistant) acting under the direction or 28 authority of an authorised officer damages something. 29 (2) However, this section does not apply to damage if the 30 authorised officer reasonably believes-- 31 (a) the thing has been restored to the condition it was in 32 immediately before the officer exercised the power, or 33 Page 551

Heavy Vehicle National Law Amendment Bill 2012 [s 12] the assistant took action under the officer's direction or 1 authority; or 2 (b) the damage is trivial; or 3 (c) there is no-one apparently in possession of the thing; or 4 (d) the thing has been abandoned; or 5 (e) the damage was not caused by an improper or 6 unreasonable exercise of a power or the use of 7 unauthorised force. 8 (3) The authorised officer must give notice of the damage to the 9 person who appears to the officer to be an owner, or person in 10 control, of the thing. 11 (4) However, if for any reason it is not practicable to comply with 12 subsection (3), the authorised officer must-- 13 (a) leave the notice at the place where the damage 14 happened; and 15 (b) ensure it is left in a conspicuous position and in a 16 reasonably secure way. 17 (5) The notice must state-- 18 (a) particulars of the damage; and 19 (b) that the person who suffered the damage may claim 20 compensation under section 581. 21 (6) If the authorised officer believes the damage was caused by a 22 latent defect in the thing or circumstances beyond the control 23 of the officer or the assistant the officer may state the belief in 24 the notice. 25 (7) The authorised officer may delay complying with subsection 26 (3) or (4) if the officer reasonably suspects complying with the 27 subsection may frustrate or otherwise hinder an investigation 28 by the officer under this Law. 29 (8) The delay may be only for so long as the authorised officer 30 continues to have the reasonable suspicion and remains in the 31 vicinity of the place. 32 Page 552

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Division 2 Compensation 1 581 Compensation because of exercise of powers 2 (1) A person may claim compensation from the Regulator if the 3 person incurs costs, damage or loss because of the exercise, or 4 purported exercise, of a power by or for an authorised officer, 5 including costs, damage or loss incurred because of 6 compliance with a requirement made of the person under this 7 Chapter. 8 (2) However, subsection (1) does not apply-- 9 (a) to costs, damage or loss incurred because of a lawful 10 seizure or forfeiture; or 11 (b) if the costs, damage or loss was not caused by an 12 improper or unreasonable exercise of a power or the use 13 of unauthorised force. 14 (3) The compensation may be claimed and ordered in a 15 proceeding-- 16 (a) brought in a court with jurisdiction for the recovery of 17 the amount of compensation claimed; or 18 (b) for an offence against this Law in relation to which the 19 power was exercised or purportedly exercised. 20 (4) A court may order the payment of compensation only if it is 21 satisfied it is just to make the order in the circumstances of the 22 particular case. 23 (5) In considering whether it is just to order compensation, the 24 court must have regard to any relevant offence committed by 25 the claimant. 26 (6) The national regulations may prescribe other matters that may, 27 or must, be taken into account by the court when considering 28 whether it is just to order compensation. 29 Page 553

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Division 3 Provision about exercise of 1 particular powers 2 582 Duty to record particular information in driver's work 3 diary 4 (1) This section applies if, under this Law, an authorised officer 5 directs the driver of a fatigue-regulated heavy vehicle to stop 6 the vehicle for compliance purposes. 7 (2) If, for the exercise or purported exercise of a power under this 8 Law, the authorised officer detains the driver for 5 minutes or 9 longer, the driver may ask the officer to record the following 10 details in the driver's work diary-- 11 (a) the officer's identifying details; 12 (b) the time, date and place at which the driver stopped the 13 heavy vehicle in compliance with the officer's direction; 14 (c) the length of time the driver spent talking to the officer 15 in the exercise or purported exercise of a power under 16 this Law. 17 (3) The authorised officer must comply with the request. 18 (4) An authorised officer complies with subsection (2)(a) by 19 recording either his or her name, or his or her identification 20 number. 21 Part 9.6 Miscellaneous provisions 22 Division 1 Powers of Regulator 23 583 Regulator may exercise powers of authorised officers 24 (1) The Regulator may exercise a power that is conferred on 25 authorised officers under this Law, and accordingly the 26 Page 554

Heavy Vehicle National Law Amendment Bill 2012 [s 12] functions of the Regulator include the powers exercisable by 1 the Regulator under this subsection. 2 (2) Subsection (1) does not apply to a power that requires the 3 physical presence of an authorised officer. 4 Division 2 Other offences relating to 5 authorised officers 6 584 Obstructing authorised officer 7 (1) A person must not obstruct-- 8 (a) an authorised officer, or someone helping an authorised 9 officer, exercising a power under this Law; or 10 (b) an assistant mentioned in section 518, 519 or 523 11 exercising a power under that section. 12 Maximum penalty--$10000. 13 (2) In this section-- 14 obstruct includes assault, hinder, resist, attempt to obstruct 15 and threaten to obstruct. 16 585 Impersonating authorised officer 17 A person must not impersonate an authorised officer. 18 Maximum penalty--$10000. 19 Division 3 Other provisions 20 586 Multiple requirements 21 An authorised officer may-- 22 (a) on the same occasion-- 23 (i) give more than 1 direction to, or make more than 1 24 requirement of, a person under a provision of this 25 Chapter; or 26 Page 555

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (ii) give a direction to, or make a requirement of, a 1 person under a provision of this Chapter and give a 2 direction to, or make a requirement of, the person 3 under 1 or more other provisions of this Chapter; 4 or 5 (b) give a direction to, or make a requirement of, a person 6 under a provision and give a further direction to, or 7 make a further requirement of, the person under the 8 same provision; or 9 (c) make a combination of directions or requirements under 10 paragraph (a)(i) or (ii) or (b). 11 587 Compliance with particular requirements 12 (1) A person is not excused from compliance with a requirement 13 imposed by an authorised officer under this Chapter on the 14 ground that compliance might incriminate the person or make 15 the person liable to a penalty. 16 (2) Subsection (1) has effect subject to section 588. 17 588 Evidential immunity for individuals complying with 18 particular requirements 19 (1) This section applies to a requirement made by an authorised 20 officer under section 569(1)(c) to (f), 570 or 577. 21 (2) The following is not admissible in evidence against an 22 individual in a criminal proceeding (except a proceeding for 23 an offence against this Chapter)-- 24 (a) information provided by an individual in compliance 25 with the requirement; 26 (b) information directly or indirectly derived from 27 information mentioned in paragraph (a). 28 (3) Any document produced by an individual in compliance with 29 the requirement is not inadmissible in evidence against the 30 individual in a criminal proceeding on the ground that the 31 document might incriminate the individual. 32 Page 556

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (4) Subsection (2) does not apply to a proceeding about the false 1 or misleading nature of anything in the information or in 2 which the false or misleading nature of the information is 3 relevant evidence. 4 589 Effect of withdrawal of consent to enter under this 5 Chapter 6 (1) This section applies if-- 7 (a) an authorised officer enters a place with the occupier's 8 consent and has obtained evidence at the place; but 9 (b) the occupier's consent is later withdrawn. 10 (2) The evidence obtained (including any evidence seized) up to 11 the time the consent is withdrawn is not invalid or 12 inadmissible in proceedings for a contravention of this Law 13 merely because the consent was withdrawn. 14 Chapter 10 Sanctions and provisions 15 about liability for offences 16 Part 10.1 Formal warnings 17 590 Formal warning 18 (1) This section applies if an authorised officer reasonably 19 believes-- 20 (a) a person has contravened this Law; and 21 (b) the person had taken reasonable steps to prevent the 22 contravention and was unaware of the contravention; 23 and 24 (c) the contravention may appropriately be dealt with by 25 way of a warning under this section. 26 Page 557

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (2) The authorised officer may give the person a written warning. 1 (3) However, a warning must not be given for a contravention of a 2 mass, dimension or loading requirement constituting a 3 substantial risk breach or severe risk breach. 4 (4) Subject to subsection (6), if a warning is given to a person 5 under this section for a contravention of this Law, the person 6 can not be proceeded against for an offence against this Law 7 constituted by the contravention. 8 (5) A warning given under this section may, within 21 days after 9 it is given, be withdrawn by an approved authorised officer by 10 giving the person to whom the warning was given notice of 11 the withdrawal. 12 (6) After a warning given under this section is withdrawn under 13 subsection (5), a proceeding may be taken against the person 14 to whom the warning was given for the contravention for 15 which the warning was given. 16 (7) In this section-- 17 approved authorised officer means-- 18 (a) for a warning given under this section by an authorised 19 officer who is a police officer--an authorised officer 20 who is a police officer and who has the relevant police 21 commissioner's written authority to withdraw warnings 22 given under this section; or 23 (b) for a warning given under this section by an authorised 24 officer who is not a police officer--an authorised officer 25 whose instrument of appointment provides that the 26 authorised officer may withdraw warnings given under 27 this section. 28 proceeding includes action by way of an infringement notice. 29 Page 558

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Part 10.2 Infringement notices 1 591 Infringement notices 2 (1) An authorised officer who reasonably believes that a person 3 has committed a prescribed offence against this Law may 4 serve the person with an infringement notice issued as an 5 alternative to prosecution in court for the offence. 6 (2) The procedures to be followed in connection with 7 infringement notices issued for the purposes of this Law as 8 applied in this jurisdiction are to be the procedures prescribed 9 by or under the Infringement Notice Offences Law of this 10 jurisdiction. 11 (3) In this section-- 12 prescribed offence means an offence prescribed by a law of 13 this jurisdiction for the purposes of this section. 14 592 Recording information about infringement penalties 15 (1) The Regulator may keep a record of-- 16 (a) each infringement notice issued for the purposes of this 17 Law; and 18 (b) the payment of a fine sought by an infringement notice 19 by a person to whom the notice is issued for the 20 purposes of this Law. 21 (2) Information in a record kept under subsection (1) may be used 22 only-- 23 (a) to accumulate aggregate data for research or education; 24 or 25 (b) in a proceeding relating to the offence for which the 26 infringement notice was issued, including, for example, 27 an appeal against the conviction for the offence; or 28 (c) in a proceeding for an offence (the extended liability 29 offence) where-- 30 Page 559

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (i) the extended liability offence arises in connection 1 with another offence (the relevant offence) for 2 which the infringement notice was issued; and 3 (ii) a provision of this Law (for example, section 4 315(5)) provides that evidence of details stated in 5 the infringement notice is evidence in the 6 proceeding that the relevant offence happened at 7 the time and place, and in the circumstances, stated 8 in the infringement notice; or 9 (d) for the purposes of section 601(b) or 608(b); or 10 (e) as authorised under subsection (3). 11 (3) Information in a record kept under subsection (1)(a) may be 12 used by authorised officers in connection with the exercise of 13 functions under this Law. 14 Part 10.3 Court sanctions 15 Division 1 General provisions 16 593 Penalties court may impose 17 (1) A court that finds a person guilty of an offence against this 18 Law may impose any 1 or more of the penalties provided for 19 in this Part. 20 (2) Without limiting the court's discretion, when imposing 2 or 21 more penalties under this Part, the court must take into 22 account the combined effect of the penalties imposed. 23 (3) This Part does not limit the powers or discretion of the court 24 under another law. 25 Page 560

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 594 Matters court must consider when imposing sanction for 1 noncompliance with mass, dimension or loading 2 requirement 3 (1) The purpose of this section is to bring to a court's attention the 4 implications and consequences of a contravention of a mass, 5 dimension or loading requirement when deciding the kind and 6 level of sanction to be imposed for the contravention. 7 (2) In deciding the sanction, including the level of a fine, to be 8 imposed for the contravention, the court must consider the 9 following matters-- 10 (a) a minor risk breach of a mass, dimension or loading 11 requirement involves either or both of the following-- 12 (i) an appreciable risk of accelerated road wear; 13 (ii) an appreciable risk of unfair commercial 14 advantage; 15 (b) a substantial risk breach of a mass, dimension or loading 16 requirement involves 1 or more of the following-- 17 (i) a substantial risk of accelerated road wear; 18 (ii) an appreciable risk of damage to road 19 infrastructure; 20 (iii) an appreciable risk of increased traffic congestion; 21 (iv) an appreciable risk of diminished public amenity; 22 (v) a substantial risk of unfair commercial advantage; 23 (c) a severe risk breach of a mass, dimension or loading 24 requirement involves 1 or more of the following-- 25 (i) an appreciable risk of harm to public safety or the 26 environment; 27 (ii) a serious risk of accelerated road wear; 28 (iii) a serious risk of damage to road infrastructure; 29 (iv) a serious risk of increased traffic congestion; 30 (v) a serious risk of diminished public amenity; 31 (vi) a serious risk of unfair commercial advantage. 32 Page 561

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (3) This section does not limit the matters the court may consider 1 in deciding the sanction for the contravention. 2 (4) Nothing in this section authorises or requires the court to 3 assign the contravention to a different risk category. 4 (5) Nothing in this section requires evidence to be adduced about 5 a matter mentioned in subsection (2). 6 595 Court may treat noncompliance with mass, dimension or 7 loading requirement as a different risk category 8 (1) If a court is satisfied there has been a contravention of a mass, 9 dimension or loading requirement but is not satisfied the 10 contravention is a substantial risk breach or a severe risk 11 breach, the court may treat the contravention as a minor risk 12 breach. 13 (2) If a court is satisfied there has been a contravention of a mass, 14 dimension or loading requirement and that the contravention 15 is at least a substantial risk breach but is not satisfied the 16 contravention is a severe risk breach, the court may treat the 17 contravention as a substantial risk breach. 18 Division 2 Provisions about imposing fines 19 596 Body corporate fines under penalty provision 20 (1) This section applies to a provision of this Law that-- 21 (a) prescribes a maximum fine for an offence; and 22 (b) does not expressly prescribe a maximum fine for a body 23 corporate different to the maximum fine for an 24 individual. 25 (2) The maximum fine is taken only to be the maximum fine for 26 an individual. 27 (3) If a body corporate is found guilty of the offence, the court 28 may impose a maximum fine of an amount equal to 5 times 29 the maximum fine for an individual. 30 Page 562

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Division 3 Commercial benefits penalty orders 1 597 Commercial benefits penalty order 2 (1) If a court convicts a person of an offence against this Law, the 3 court may, on application by the prosecutor, make an order (a 4 commercial benefits penalty order) requiring the person to 5 pay, as a fine, an amount not exceeding 3 times the amount 6 estimated by the court to be the gross commercial benefit-- 7 (a) received or receivable, by the person or by an associate 8 of the person, from the commission of the offence; and 9 (b) for a journey that was interrupted or not commenced 10 because of action taken by an authorised officer in 11 connection with the commission of the offence--that 12 would have been received or receivable, by the person or 13 by an associate of the person, from the commission of 14 the offence had the journey been completed. 15 (2) In estimating the gross commercial benefit, the court may take 16 into account-- 17 (a) benefits of any kind, whether or not monetary; and 18 (b) any other matters it considers relevant, including, for 19 example-- 20 (i) the value of any goods involved in the offence; and 21 (ii) the distance over which the goods were, or were to 22 be, carried. 23 (3) However, in estimating the gross commercial benefit, the 24 court must disregard any costs, expenses or liabilities incurred 25 by the person or by an associate of the person. 26 (4) Nothing in this section prevents the court from ordering 27 payment of an amount that is less than the estimated gross 28 commercial benefit. 29 Page 563

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Division 4 Cancelling or suspending 1 registration 2 598 Power to cancel or suspend vehicle registration 3 (1) This section applies if a court convicts a person of-- 4 (a) an offence against this Law relating to a contravention 5 of a mass, dimension or loading requirement 6 constituting a severe risk breach; or 7 (b) an offence against this Law other than an offence 8 relating to a contravention of a mass, dimension or 9 loading requirement. 10 (2) The court may make an order that the registration of a heavy 11 vehicle in relation to which the offence was committed and of 12 which the person is a registered operator is-- 13 (a) cancelled; or 14 (b) suspended for a stated period. 15 (3) If the court makes an order under subsection (2) against a 16 person, the court may also make an order that the person, or 17 an associate of the person, is disqualified from applying for 18 the registration of the heavy vehicle for a stated period. 19 (4) If the court considers that another person who is not present in 20 court may be substantially affected by an order under 21 subsection (2) or (3), the court may issue a summons to that 22 person to show cause why the order should not be made. 23 (5) The court is to ensure that the Regulator is notified of the 24 decision to make an order under subsection (2) or (3) and the 25 terms of the order, but failure to do so does not invalidate the 26 decision or the order. 27 Division 5 Supervisory intervention orders 28 599 Application of Div 5 29 This Division applies if a court-- 30 Page 564

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) convicts a person (the convicted person) of an offence 1 against this Law; and 2 (b) considers the person to be, or likely to become, a 3 systematic or persistent offender of this Law having 4 regard to the circumstances of offences against this Law 5 and previous corresponding laws for which the person 6 has previously been convicted. 7 600 Court may make supervisory intervention order 8 (1) The court may, on application by the prosecutor or the 9 Regulator, make an order (a supervisory intervention order) 10 requiring the convicted person, at the person's own expense 11 and for a stated period of not more than 1 year, to do 1 or more 12 of the following-- 13 (a) stated things the court considers will improve the 14 person's compliance with this Law, or stated aspects of 15 this Law, including, for example-- 16 (i) appointing staff to, or removing staff from, 17 particular positions; or 18 (ii) training and supervising staff; or 19 (iii) obtaining expert advice about maintaining 20 compliance with this Law, or stated aspects of this 21 Law; or 22 (iv) installing equipment for monitoring or managing 23 compliance with this Law, or stated aspects of this 24 Law, including, for example, intelligent transport 25 system equipment; or 26 (v) implementing practices, systems or procedures for 27 monitoring or ensuring compliance with this Law, 28 or stated aspects of this Law; 29 (b) implement stated practices, systems or procedures for 30 monitoring or ensuring compliance with this Law, or 31 stated aspects of this Law, subject to the direction of the 32 Regulator or a person nominated by the Regulator; 33 Page 565

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (c) give compliance reports about the convicted person to 1 the Regulator or the court (or both), in a stated way and 2 for stated periods; 3 (d) appoint a person to have the following responsibilities-- 4 (i) helping the convicted person to improve the 5 convicted person's compliance with this Law or 6 stated aspects of this Law; 7 (ii) monitoring the convicted person's compliance with 8 this Law or stated aspects of this Law and with the 9 order; 10 (iii) giving compliance reports about the convicted 11 person to the Regulator or the court (or both), in a 12 stated way and for stated periods. 13 (2) In this section-- 14 compliance report, about a person in relation to whom a 15 supervisory intervention order is made, means a report about 16 the person's compliance with this Law, stated aspects of this 17 Law, or the order, including, for example, a report containing 18 stated information about-- 19 (a) things done by the person to ensure compliance with 20 this Law or stated aspects of this Law; and 21 (b) the effect of the things mentioned in paragraph (a). 22 601 Limitation on making supervisory intervention order 23 The court may make a supervisory intervention order only if 24 the court is satisfied the order is capable of improving the 25 convicted person's ability or willingness to comply with this 26 Law having regard to-- 27 (a) the offences against this Law or a previous 28 corresponding law for which the person has previously 29 been convicted; and 30 (b) the offences against this Law or a previous 31 corresponding law for which the person has been 32 proceeded against by way of unwithdrawn infringement 33 notices; and 34 Page 566

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (c) any other offences or other matters that the court 1 considers relevant to the person's conduct in connection 2 with road transport. 3 602 Supervisory intervention order may suspend other 4 sanctions 5 (1) A supervisory intervention order may direct that any other 6 penalty or sanction imposed for the offence to which it relates 7 is suspended until the order ends unless the court decides 8 there has been a substantial failure to comply with the order. 9 (2) For the purposes of subsection (1), a court may decide that a 10 failure to comply with a supervisory intervention order is a 11 substantial failure if the failure causes, or creates a risk of, 12 serious harm to public safety, the environment or road 13 infrastructure. 14 603 Amendment or revocation of supervisory intervention 15 order 16 A court that makes a supervisory intervention order may, on 17 application by the Regulator or the person to whom the order 18 applies, amend or revoke the order if the court is satisfied 19 there has been a change in circumstances warranting the 20 amendment or revocation. 21 604 Contravention of supervisory intervention order 22 A person to whom a supervisory intervention order applies 23 must comply with the order, unless the person has a 24 reasonable excuse. 25 Maximum penalty--$10000. 26 605 Effect of supervisory intervention order if prohibition 27 order applies to same person 28 (1) This section applies if both a supervisory intervention order 29 and a prohibition order is in force at the same time against the 30 same person. 31 Page 567

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (2) The supervisory intervention order has no effect while the 1 prohibition order has effect. 2 Division 6 Prohibition orders 3 606 Application of Div 6 4 This Division applies if a court-- 5 (a) convicts a person (the convicted person) of an offence 6 against this Law; and 7 (b) considers the person to be, or likely to become, a 8 systematic or persistent offender of this Law having 9 regard to the circumstances of offences against this Law 10 and previous corresponding laws for which the person 11 has previously been convicted. 12 607 Court may make prohibition order 13 (1) The court may, on application by the prosecutor or the 14 Regulator, make an order (a prohibition order) prohibiting the 15 convicted person, for a stated period of not more than 1 year, 16 from having a stated role or responsibility associated with 17 road transport. 18 (2) However, the court can not make a prohibition order 19 prohibiting the convicted person from driving a vehicle or 20 having a vehicle registered or licensed under an Australian 21 road law in the convicted person's name. 22 608 Limitation on making prohibition order 23 The court may make a prohibition order only if the court is 24 satisfied the convicted person should not continue to have the 25 role or responsibilities prohibited by the order, and that a 26 supervisory intervention order is not appropriate, having 27 regard to-- 28 Page 568

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) the offences against this Law or a previous 1 corresponding law for which the person has previously 2 been convicted; and 3 (b) the offences against this Law or a previous 4 corresponding law for which the person has been 5 proceeded against by way of unwithdrawn infringement 6 notices; and 7 (c) any other offences or other matters that the court 8 considers relevant to the person's conduct in connection 9 with road transport. 10 609 Amendment or revocation of prohibition order 11 A court that makes a prohibition order may, on application by 12 the Regulator or the person to whom the order applies, amend 13 or revoke the order if the court is satisfied there has been a 14 change in circumstances warranting the amendment or 15 revocation. 16 610 Contravention of prohibition order 17 A person to whom a prohibition order applies must comply 18 with the order, unless the person has a reasonable excuse. 19 Maximum penalty--$10000. 20 Division 7 Compensation orders 21 611 Court may make compensation order 22 (1) A court that convicts a person (the convicted person) of an 23 offence against this Law may make an order (a compensation 24 order) requiring the convicted person to pay the road manager 25 for a road, by way of compensation, an amount the court 26 considers appropriate for loss incurred, or likely to be 27 incurred, by the road manager for damage caused to road 28 infrastructure as a result of the offence. 29 Page 569

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (2) A compensation order may be made on the application of the 1 prosecutor, the Regulator or the road manager. 2 (3) The court may make a compensation order in relation to 3 damage the court considers, on the balance of probabilities, 4 was caused or partly caused by the commission of the offence. 5 (4) The court may make a compensation order-- 6 (a) when the court gives its sentence for the offence; or 7 (b) at a later time, but not after the end of the period within 8 which a proceeding for the offence must start under this 9 Law. 10 Note-- 11 See section 707 for the period within which a proceeding for an offence 12 against this Law must start. 13 612 Assessment of compensation 14 (1) In making a compensation order, the court may assess the 15 amount of compensation required to be paid by the order in 16 the way it considers appropriate, including, for example, by 17 reference to the estimated cost of remedying the damage. 18 (2) In assessing the amount of compensation, the court may have 19 regard to-- 20 (a) evidence adduced in connection with the prosecution of 21 the offence; and 22 (b) any evidence not adduced in connection with the 23 prosecution of the offence but adduced in connection 24 with the making of the order; and 25 (c) if the road manager is a public authority-- 26 (i) any certificate of the public authority stating that 27 the authority is responsible for maintaining the 28 road infrastructure in relation to which the order is 29 sought; and 30 (ii) any other certificate of the public authority, 31 including, for example, a certificate-- 32 Page 570

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (A) estimating the monetary value of all or part 1 of the road infrastructure in relation to which 2 the order is sought; or 3 (B) estimating the monetary value of, or the cost 4 of remedying, the damage to the road 5 infrastructure in relation to which the order 6 is sought; or 7 (C) estimating the extent to which the 8 commission of the offence contributed to the 9 damage to the road infrastructure in relation 10 to which the order is sought; and 11 (d) any other matters the court considers relevant. 12 (3) A person who purportedly signs a certificate of a type 13 mentioned in subsection (2)(c) on behalf of a public authority 14 is presumed, unless the contrary is proved, to have been 15 authorised by the public authority to sign the certificate on the 16 public authority's behalf. 17 613 Use of certificates in assessing compensation 18 (1) If a public authority proposes to submit a certificate 19 mentioned in section 612(2)(c) in a proceeding for the making 20 of a compensation order, the public authority must give a copy 21 of the certificate to the defendant at least 28 days before the 22 day fixed for the hearing of the proceeding. 23 (2) A certificate of the public authority can not be used in a 24 proceeding for the making of a compensation order unless the 25 public authority has complied with subsection (1). 26 (3) A defendant who intends to challenge a matter stated in a 27 certificate mentioned in section 612(2)(c) in a proceeding for 28 the making of a compensation order must-- 29 (a) give the public authority notice of the intention to 30 challenge the matter; and 31 (b) if the defendant is intending to challenge the accuracy of 32 any measurement, analysis or reading in the 33 certificate-- 34 Page 571

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (i) state the reason why the defendant alleges that it is 1 inaccurate; and 2 (ii) state the measurement, analysis or reading that the 3 defendant considers to be correct. 4 (4) The notice must be-- 5 (a) signed by the defendant; and 6 (b) given at least 14 days before the day fixed for the 7 hearing of the proceeding. 8 (5) A defendant can not challenge a matter stated in a certificate 9 mentioned in section 612(2)(c) in a proceeding for the making 10 of a compensation order unless-- 11 (a) the defendant has complied with subsections (3) and (4); 12 or 13 (b) the court gives leave to the defendant to challenge the 14 matter, in the interests of justice. 15 614 Limits on amount of compensation 16 (1) If, in making a compensation order, the court is satisfied that 17 the commission of the offence concerned contributed to 18 damage to road infrastructure but that other factors not 19 connected with the commission of the offence also 20 contributed to the damage, the court must limit the amount of 21 compensation payable under the order to the amount it 22 assesses as being attributable to the defendant's conduct. 23 (2) The amount of compensation payable under a compensation 24 order can not exceed the monetary jurisdictional limit of the 25 court in civil proceedings. 26 (3) The court may not include in a compensation order any 27 amount for-- 28 (a) personal injury or death; or 29 (b) loss of income (whether suffered by the road manager or 30 another entity); or 31 (c) damage to property that is not part of the road 32 infrastructure concerned. 33 Page 572

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 615 Costs 1 The court has the same power to award costs in relation to 2 proceedings for the making of a compensation order as it has 3 in relation to civil proceedings, and the relevant laws applying 4 to costs in relation to civil proceedings before the court apply 5 with any necessary changes to costs in relation to proceedings 6 for the making of a compensation order. 7 616 Enforcement of compensation order and costs 8 A compensation order, and any award of costs in relation to a 9 proceeding for the making of a compensation order, are taken 10 to be, and are enforceable as, a judgment of the court sitting in 11 civil proceedings. 12 617 Relationship with orders or awards of other courts and 13 tribunals 14 (1) A compensation order may not be made in favour of a road 15 manager for a road in relation to damage to road infrastructure 16 if another court or tribunal has awarded compensatory 17 damages or compensation in civil proceedings to the road 18 manager in relation to the damage based on the same or 19 similar facts. 20 (2) If a court purports to make a compensation order contrary to 21 subsection (1)-- 22 (a) the order is void to the extent it covers the same matters 23 as the matters covered by the other award; and 24 (b) any payments made under the order to the extent to 25 which it is void must be repaid by the road manager. 26 (3) The making of a compensation order in relation to damage to 27 road infrastructure does not prevent another court or tribunal 28 from later awarding damages or compensation in civil 29 proceedings in relation to the damage based on the same or 30 similar facts, but the court or tribunal must take the 31 compensation order into account when making its award. 32 Page 573

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (4) Nothing in this Division affects or limits any liability to pay 1 compensation under another law, other than as provided by 2 this section. 3 Part 10.4 Provisions about liability 4 Division 1 Reasonable steps defence 5 618 Reasonable steps defence 6 If, in relation to a provision of this Law, a person has the 7 benefit of the reasonable steps defence, it is a defence to a 8 charge for an offence against the provision for the person 9 charged to prove that-- 10 (a) the person did not know, and could not reasonably be 11 expected to have known, of the contravention 12 concerned; and 13 (b) either-- 14 (i) the person took all reasonable steps to prevent the 15 contravention; or 16 (ii) there were no steps the person could reasonably be 17 expected to have taken to prevent the 18 contravention. 19 Note-- 20 Generally speaking, under various provisions of this Law, a person 21 charged with an offence does not have the benefit of the mistake of fact 22 defence if the person has the benefit of the reasonable steps defence for 23 the offence. The reasonable steps defence is not provided in the case of 24 certain offences that include the taking of reasonable steps as an 25 ingredient of the offence. 26 Page 574

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Division 2 Matters relating to reasonable steps 1 619 Application of Div 2 2 This Division applies in relation to the following-- 3 (a) a proceeding for an offence against a provision of this 4 Law that may be committed by a person failing to take 5 all reasonable steps; 6 (b) a proceeding for an offence against a provision of this 7 Law in relation to which a person charged has the 8 benefit of the reasonable steps defence. 9 620 Matters court may consider for deciding whether person 10 took all reasonable steps--mass, dimension or loading 11 offences 12 (1) In deciding whether things done or omitted to be done by a 13 person charged with a mass, dimension or loading offence 14 constitute reasonable steps, the court may have regard to the 15 following-- 16 (a) the circumstances of the alleged offence, including any 17 risk category for the contravention constituting the 18 offence; 19 (b) without limiting paragraph (a), the measures available 20 and measures taken for any or all of the following-- 21 (i) to accurately and safely weigh or measure the 22 heavy vehicle or its load, or to safely restrain the 23 load in the heavy vehicle; 24 (ii) to provide and obtain sufficient and reliable 25 evidence from which the weight or measurement 26 of the heavy vehicle or its load might be 27 calculated; 28 (iii) to manage, reduce or eliminate a potential 29 contravention arising from the location of the 30 heavy vehicle, or from the location of the load in 31 the heavy vehicle, or from the location of goods in 32 the load; 33 Page 575

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (iv) to manage, reduce or eliminate a potential 1 contravention arising from weather and climatic 2 conditions, or from potential weather and climatic 3 conditions, affecting or potentially affecting the 4 weight or measurement of the load; 5 (v) to exercise supervision or control over others 6 involved in activities leading to the contravention; 7 (c) the measures available and measures taken for any or all 8 of the following-- 9 (i) to include compliance assurance conditions in 10 relevant commercial arrangements with other 11 responsible persons for heavy vehicles; 12 (ii) to provide information, instruction, training and 13 supervision to employees to enable compliance 14 with this Law; 15 (iii) to maintain equipment and work systems to enable 16 compliance with this Law; 17 (iv) to address and remedy similar compliance 18 problems that may have happened in the past; 19 (d) whether the person charged had, either personally or 20 through an employee or agent, custody or control of the 21 heavy vehicle, its load, or any goods included or to be 22 included in the load; 23 (e) the personal expertise and experience that the person 24 charged had or ought reasonably to have had or that an 25 employee or agent of the person charged had or ought 26 reasonably to have had. 27 (2) This section does not limit the matters the court must or may 28 consider when deciding whether things done or omitted to be 29 done by a person charged with a mass, dimension or loading 30 offence constitute reasonable steps. 31 (3) In this section-- 32 mass, dimension or loading offence means an offence against 33 Chapter 4. 34 Page 576

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 621 Reliance on container weight declaration--offences 1 about mass 2 (1) This section applies if the operator or driver of a heavy vehicle 3 is charged with an offence involving a contravention of a mass 4 requirement for the vehicle and is seeking to prove the 5 reasonable steps defence in relation to the offence. 6 (2) To the extent the weight of a freight container together with its 7 contents is relevant to the offence, the person charged can not 8 rely on the weight stated in the relevant container weight 9 declaration if the person knew or ought reasonably to have 10 known that-- 11 (a) the weight stated in the relevant container weight 12 declaration was less than the actual weight; or 13 (b) the distributed weight of the container and its contents, 14 together with either of the following would cause a 15 contravention of a mass requirement applying to the 16 heavy vehicle-- 17 (i) the mass or location of any other load; 18 (ii) the mass of the vehicle or a component of it. 19 622 Matters court may consider for deciding whether person 20 took all reasonable steps--speeding or fatigue 21 management offences 22 (1) In deciding whether things done or omitted to be done by a 23 person charged with a speeding offence or fatigue 24 management offence constitute reasonable steps, the court 25 may have regard to the following-- 26 (a) the nature of the activity to which the contravention 27 constituting the offence relates; 28 (b) the risks to public safety associated with the activity 29 mentioned in paragraph (a); 30 (c) the likelihood of the risks mentioned in paragraph (b) 31 arising; 32 (d) the degree of harm likely to result from the risks 33 mentioned in paragraph (b) arising; 34 Page 577

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (e) the circumstances of the alleged offence, including, for a 1 fatigue management offence, any risk category for the 2 contravention constituting the offence; 3 (f) the measures available and measures taken-- 4 (i) to prevent, eliminate or minimise the likelihood of 5 a potential contravention happening; or 6 (ii) to eliminate or minimise the likelihood of risks to 7 public safety arising from a potential 8 contravention; or 9 (iii) to manage, minimise or eliminate risks to public 10 safety arising from a potential contravention; 11 (g) the personal expertise and experience that the person 12 charged had or ought reasonably to have had or that an 13 employee or agent of that person had or ought 14 reasonably to have had; 15 (h) the degree of ability the person charged, or an employee 16 or agent of that person, had to take a measure mentioned 17 in paragraph (f); 18 (i) the costs of measures mentioned in paragraph (f); 19 (j) the measures available and measures taken for any or all 20 of the following-- 21 (i) to include compliance assurance conditions in 22 relevant commercial arrangements with other 23 responsible persons for heavy vehicles; 24 (ii) to provide information, instruction, training and 25 supervision to employees to enable compliance 26 with this Law; 27 (iii) to maintain equipment and work systems to enable 28 compliance with this Law; 29 (iv) to address and remedy similar compliance 30 problems that may have happened in the past. 31 (2) In addition, in deciding whether things done or omitted to be 32 done by a person charged with a fatigue management offence 33 constitute reasonable steps, the court may have regard to any 34 relevant body of fatigue knowledge. 35 Page 578

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (3) This section does not limit the matters the court must or may 1 consider when deciding whether things done or omitted to be 2 done by a person charged with a speeding offence or fatigue 3 management offence constitute reasonable steps. 4 (4) In this section-- 5 fatigue management offence means an offence against 6 Chapter 6. 7 speeding offence means an offence against Part 5.2 or section 8 219. 9 623 When particular persons regarded to have taken all 10 reasonable steps--speeding or fatigue management 11 offences 12 (1) A party in the chain of responsibility for a heavy vehicle 13 charged with a speeding offence or fatigue management 14 offence is to be regarded as having taken all reasonable steps 15 if the party did all of the following to prevent the act or 16 omission that led to the contravention to which the offence 17 relates-- 18 (a) identified and assessed the aspects of the activities of the 19 party, and relevant drivers for the party, that may lead to 20 a relevant contravention by a relevant driver for the 21 party; 22 (b) for each aspect identified and assessed under paragraph 23 (a), identified and assessed-- 24 (i) the risk of the aspect leading to a relevant 25 contravention; and 26 (ii) if there is a substantial risk of the aspect leading to 27 a relevant contravention--the measures the party 28 may take to eliminate the risk or, if it is not 29 reasonably possible to eliminate the risk, to 30 minimise the risk; 31 (c) carried out the identification and assessment mentioned 32 in paragraphs (a) and (b)-- 33 (i) at least annually; and 34 Page 579

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (ii) after each event that indicated the way the 1 activities the subject of the identification and 2 assessment are being carried out have led, or may 3 lead, to a relevant contravention; 4 (d) took the measures identified and assessed under 5 paragraph (b)(ii); 6 (e) for each action mentioned in any of paragraphs (a) to (d) 7 taken by the party-- 8 (i) kept a record of the action for at least 3 years after 9 taking it; or 10 (ii) if 3 years have not passed since taking the action, 11 kept a record of the action since taking it. 12 (2) This section does not limit the circumstances in which things 13 done or omitted to be done by a person charged with a 14 speeding offence or fatigue management offence constitute 15 reasonable steps. 16 (3) In this section-- 17 fatigue management offence means an offence against 18 Chapter 6. 19 party in the chain of responsibility-- 20 (a) for a heavy vehicle the subject of a speeding 21 offence--has the meaning given by section 214; or 22 (b) for a fatigue-regulated heavy vehicle the subject of a 23 fatigue management offence--has the meaning given by 24 section 227. 25 relevant contravention, for a party in the chain of 26 responsibility for a heavy vehicle charged with a speeding 27 offence or fatigue management offence, means a 28 contravention of the type to which the offence relates. 29 relevant driver, for a party in the chain of responsibility for a 30 heavy vehicle charged with a speeding offence or fatigue 31 management offence, means each driver of the heavy vehicle. 32 speeding offence means an offence against Part 5.2 or section 33 219. 34 Page 580

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 624 Regulation for s 623 1 (1) For the purposes of section 623, the national regulations may 2 provide for-- 3 (a) the ways, or examples of ways, a person may identify 4 and assess the aspects of the activities of the person, and 5 relevant drivers for the person, that may lead to a 6 relevant contravention by a relevant driver for the 7 person; and 8 (b) the measures, or examples of measures, a person may 9 take to eliminate or minimise the risks of aspects of 10 activities of the person, or relevant drivers for the 11 person, leading to a relevant contravention by the person 12 or a relevant driver for the person. 13 (2) In this section-- 14 fatigue management offence means an offence against 15 Chapter 6. 16 relevant contravention means a contravention constituting a 17 fatigue management offence. 18 625 Proof of compliance with registered industry code of 19 practice 20 (1) This section applies for deciding in-- 21 (a) a proceeding for an offence against a provision of this 22 Law that may be committed by a person failing to take 23 all reasonable steps--whether the person took all 24 reasonable steps; or 25 (b) a proceeding for an offence against a provision of this 26 Law in relation to which a person charged has the 27 benefit of the reasonable steps defence--whether the 28 person took all reasonable steps to prevent the 29 contravention. 30 (2) Proof, as established by the person, that the person complied 31 with all relevant standards and procedures under a registered 32 industry code of practice, in relation to matters to which the 33 offence relates is evidence that the person took all reasonable 34 steps. 35 Page 581

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (3) Subsection (2) does not apply unless the person has given the 1 complainant notice of the intention to prove the matters 2 mentioned in the subsection. 3 (4) The notice must be-- 4 (a) signed by the person; and 5 (b) given at least 28 days before the day fixed for the 6 hearing of the charge. 7 (5) In the case of an offence referred to in section 620 or 622, this 8 section does not prevent the court from considering any of the 9 matters referred to in the section concerned in deciding 10 whether compliance with relevant standards and procedures 11 under a registered industry code of practice, was reasonable in 12 the circumstances in which the offence was alleged to have 13 been committed. 14 Division 3 Other defences 15 626 Definition for Div 3 16 In this Division-- 17 deficiency, of a vehicle, means-- 18 (a) a deficiency of the vehicle or a component of the 19 vehicle, including, for example, the vehicle-- 20 (i) contravening a heavy vehicle standard; or 21 (ii) being unsafe; or 22 (b) a deficiency constituted by the absence of a particular 23 thing required to be in, or displayed on, the vehicle, 24 including, for example, a thing required to be in, or 25 displayed on, the vehicle under-- 26 (i) a heavy vehicle standard; or 27 (ii) a condition of a heavy vehicle accreditation or a 28 mass or dimension authority. 29 Page 582

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 627 Defence for owner or operator of vehicle if offence 1 committed while vehicle used by unauthorised person 2 (1) This section applies in relation to an offence against this Law 3 that may be committed by a person-- 4 (a) in the person's capacity as an owner or operator of a 5 vehicle; and 6 (b) in relation to the use of the vehicle by someone else. 7 (2) Subject to subsection (3), in a proceeding for an offence 8 mentioned in subsection (1), it is a defence for the person 9 charged to prove that, at the relevant time, the vehicle was 10 being used by-- 11 (a) a person not entitled (expressly, impliedly or otherwise) 12 to use the vehicle, other than an employee or agent of 13 the person; or 14 (b) an employee of the person who was, at the relevant time, 15 acting outside the scope of the employment; or 16 (c) an agent of the person who was, at the relevant time, 17 acting outside the scope of the agency. 18 (3) If the offence relates to a deficiency of the vehicle, the defence 19 under subsection (2) is not available unless the person charged 20 also proves that-- 21 (a) the vehicle had not, before it ceased to be under the 22 person's control, been driven on a road in contravention 23 of this Law arising in connection with the deficiency; 24 and 25 (b) one or more material changes, resulting in the 26 deficiency, had been made after the vehicle had ceased 27 to be under the person's control. 28 628 Defence for driver of vehicle subject to a deficiency 29 (1) This section applies to an offence against this Law relating to 30 a deficiency of a heavy vehicle. 31 (2) In a proceeding for an offence mentioned in subsection (1) 32 alleged to be committed by the driver of a heavy vehicle, it is a 33 defence for the driver to prove that the driver-- 34 Page 583

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) did not cause the deficiency and had no responsibility 1 for or control over the maintenance of the vehicle or its 2 equipment at any relevant time; and 3 (b) did not know and could not reasonably be expected to 4 have known of the deficiency; and 5 (c) could not reasonably be expected to have sought to 6 ascertain whether there was or was likely to be a 7 deficiency of the kind to which the offence relates. 8 629 Defence of compliance with direction 9 In a proceeding for an offence against this Law, it is a defence 10 for the person charged to prove that the conduct constituting 11 the offence was done in compliance with a direction given-- 12 (a) by an authorised officer; or 13 (b) by the Regulator (including a delegate of the Regulator); 14 or 15 (c) by a person under a law of a State or Territory. 16 630 Sudden or extraordinary emergency 17 (1) In a proceeding for an offence against this Law, it is a defence 18 for the person charged to prove that the conduct constituting 19 the offence occurred in response to circumstances of sudden 20 or extraordinary emergency. 21 (2) This section applies if and only if the person carrying out the 22 conduct reasonably believed that-- 23 (a) circumstances of sudden or extraordinary emergency 24 existed; and 25 (b) the conduct was the only reasonable way to deal with 26 the emergency; and 27 (c) the conduct was a reasonable response to the emergency. 28 Page 584

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 631 Lawful authority 1 In a proceeding for an offence against this Law, it is a defence 2 for the person charged to prove that the conduct constituting 3 the offence is authorised or excused by or under a law. 4 Division 4 Other provisions about liability 5 632 Deciding whether person ought reasonably to have 6 known something 7 (1) This section applies in relation to a proceeding for an offence 8 against this Law if it is relevant to prove that someone ought 9 reasonably to have known something. 10 (2) A court may consider the following when deciding whether 11 the person ought reasonably to have known the thing-- 12 (a) the person's abilities, experience, expertise, knowledge, 13 qualifications and training; 14 (b) the circumstances of the offence; 15 (c) any other relevant matter prescribed by the national 16 regulations for the purposes of this section. 17 633 Multiple offenders 18 (1) This section applies if a provision of this Law provides that, 19 for a particular act or omission or set of circumstances, each 20 of 2 or more persons is liable for an offence against a 21 provision of this Law. 22 (2) Proceedings may be taken against all or any of the persons in 23 relation to the act, omission or circumstances. 24 (3) Proceedings may be taken against any of the persons in 25 relation to the act, omission or circumstances-- 26 (a) regardless of whether or not proceedings have been 27 started against any of the other persons in relation to the 28 act, omission or circumstances; and 29 Page 585

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (b) regardless of whether or not any proceedings taken 1 against any of the other persons in relation to the act, 2 omission or circumstances have ended; and 3 (c) regardless of the outcome of any proceedings taken 4 against any of the other persons in relation to the act, 5 omission or circumstances. 6 (4) This section is subject to section 634(1). 7 634 Multiple offences 8 (1) A person may be punished only once in relation to the same 9 contravention of this Law by the person or a heavy vehicle, 10 even if the person is liable in more than 1 capacity. 11 (2) A person who has been punished for an act or omission or 12 circumstances constituting an offence against this Law as it 13 applies in another participating jurisdiction can not be 14 punished for an offence against this Law as it applies in this 15 jurisdiction arising from the same act or omission or 16 circumstances. 17 (3) Despite any Act or other law (including subsections (1) and 18 (2))-- 19 (a) a person may be punished for more than 1 contravention 20 of a requirement of this Law if the contraventions relate 21 to different parts of the same vehicle; and 22 (b) a person may be punished for 1 or more contraventions 23 of a requirement of this Law as it applies in another 24 participating jurisdiction (interstate contraventions), 25 and 1 or more contraventions of a requirement of this 26 Law as it applies in this jurisdiction (local 27 contraventions), if the interstate contraventions and 28 local contraventions relate to different parts of the same 29 vehicle. 30 635 Responsibility for acts or omissions of representative 31 (1) This section applies in a proceeding for an offence against this 32 Law. 33 Page 586

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (2) If it is relevant to prove a person's state of mind about a 1 particular act or omission, it is enough to show-- 2 (a) the act was done or omitted to be done by a 3 representative of the person within the scope of the 4 representative's actual or apparent authority; and 5 (b) the representative had the state of mind. 6 (3) An act done or omitted to be done for a person by a 7 representative of the person within the scope of the 8 representative's actual or apparent authority is taken to have 9 been done or omitted to be done also by the person, unless the 10 person proves the person could not, by the exercise of 11 reasonable diligence, have prevented the act or omission. 12 (4) In this section-- 13 representative means-- 14 (a) for an individual--an employee or agent of the 15 individual; or 16 (b) for a corporation--an executive officer, employee or 17 agent of the corporation or authority. 18 state of mind, of a person, includes-- 19 (a) the person's knowledge, intention, opinion, belief or 20 purpose; and 21 (b) the person's reasons for the intention, opinion, belief or 22 purpose. 23 636 Liability of executive officers of corporation 24 (1) If a corporation commits an offence against a provision of this 25 Law specified in column 2 of Schedule 4, each executive 26 officer of the corporation who knowingly authorised or 27 permitted the conduct constituting the offence also commits 28 an offence against the provision. 29 Maximum penalty--the penalty for a contravention of the 30 provision by an individual. 31 (2) If a corporation commits an offence against a provision of this 32 Law specified in column 3 of Schedule 4, each executive 33 Page 587

Heavy Vehicle National Law Amendment Bill 2012 [s 12] officer of the corporation who knew or ought reasonably to 1 have known-- 2 (a) of the conduct constituting the offence; or 3 (b) that there was a substantial risk that the offence would 4 be committed; 5 also commits an offence against the provision. 6 Maximum penalty--the penalty for a contravention of the 7 provision by an individual. 8 (3) For the purposes of subsection (2), it is a defence for the 9 executive officer to prove-- 10 (a) the officer exercised reasonable diligence to ensure the 11 corporation complied with the provision; or 12 (b) the officer was not in a position to influence the conduct 13 of the corporation in relation to the offence. 14 (4) An executive officer of a corporation may be proceeded 15 against and convicted for an offence against the provision 16 whether or not the corporation has been proceeded against or 17 convicted under that provision. 18 (5) Nothing in this section affects any liability imposed on a 19 corporation for an offence committed by the corporation 20 under the provision. 21 (6) Nothing in this section affects the application of any other law 22 relating to the criminal liability of any persons (whether or not 23 executive officers of the corporation) who are accessories to 24 the commission of an offence or are otherwise involved in the 25 contravention giving rise to an offence. 26 (7) This section does not apply to an executive officer acting on a 27 voluntary basis, whether or not the officer is reimbursed for 28 the expenses incurred by the officer for carrying out activities 29 for the corporation. 30 Page 588

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 637 Treatment of unincorporated partnerships 1 (1) This Law (other than section 636) applies to an 2 unincorporated partnership as if it were a corporation, but 3 with the changes set out in this section. 4 (2) An obligation or liability that would otherwise be imposed on 5 the partnership by this Law is imposed on each partner 6 instead, but may be discharged by any of the partners. 7 (3) An amount that would be payable under this Law by the 8 partnership is jointly and severally payable by the partners. 9 (4) An offence against this Law (other than an offence referred to 10 in subsection (5)) that would otherwise be committed by the 11 partnership is taken to have been committed by each partner 12 who knowingly authorised or permitted the conduct 13 constituting the offence. 14 Maximum penalty--the penalty for a contravention of the 15 provision by an individual. 16 (5) An offence against a provision of this Law specified in 17 column 3 of Schedule 4 that would otherwise be committed 18 by the partnership is taken to have been committed by each 19 partner who knew or ought reasonably to have known-- 20 (a) of the conduct constituting the offence; or 21 (b) that there was a substantial risk that the offence would 22 be committed. 23 Maximum penalty--the penalty for a contravention of the 24 provision by an individual. 25 (6) For the purposes of subsection (5), it is a defence for the 26 partner to prove-- 27 (a) the partner exercised reasonable diligence to ensure the 28 partnership complied with the provision; or 29 (b) the partner was not in a position to influence the conduct 30 of the partnership in relation to the offence. 31 (7) Nothing in this section affects the application of any other law 32 relating to the criminal liability of any persons (whether or not 33 partners in the partnership) who are accessories to the 34 Page 589

Heavy Vehicle National Law Amendment Bill 2012 [s 12] commission of an offence or are otherwise involved in the 1 contravention giving rise to an offence. 2 (8) Subsections (4) and (5) do not apply to a partner acting on a 3 voluntary basis, whether or not the partner is reimbursed for 4 the expenses incurred by the partner for carrying out activities 5 for the partnership. 6 (9) For the purposes of this section, a change in the composition 7 of the partnership does not affect the continuity of the 8 partnership. 9 638 Treatment of other unincorporated bodies 10 (1) This Law (other than section 636) applies to an 11 unincorporated body as if it were a corporation, but with the 12 changes set out in this section. 13 (2) An obligation or liability that would otherwise be imposed on 14 the unincorporated body by this Law is imposed on each 15 management member of the body instead, but may be 16 discharged by any of the management members. 17 (3) An amount that would be payable under this Law by the 18 unincorporated body is jointly and severally payable by the 19 management members of the body. 20 (4) An offence against this Law (other than an offence referred to 21 in subsection (5)) that would otherwise be committed by the 22 unincorporated body is taken to have been committed by each 23 management member of the body who knowingly authorised 24 or permitted the conduct constituting the offence. 25 Maximum penalty--the penalty for a contravention of the 26 provision by an individual. 27 (5) An offence against a provision of this Law specified in 28 column 3 of Schedule 4 that would otherwise be committed 29 by the unincorporated body is taken to have been committed 30 by each management member of the body who knew or ought 31 reasonably to have known-- 32 (a) of the conduct constituting the offence; or 33 Page 590

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (b) that there was a substantial risk that the offence would 1 be committed. 2 Maximum penalty--the penalty for a contravention of the 3 provision by an individual. 4 (6) For the purposes of subsection (5), it is a defence for the 5 management member of the unincorporated body to prove-- 6 (a) the member exercised reasonable diligence to ensure the 7 body complied with the provision; or 8 (b) the member was not in a position to influence the 9 conduct of the body in relation to the offence. 10 (7) Nothing in this section affects the application of any other law 11 relating to the criminal liability of any persons (whether or not 12 management members of the unincorporated body) who are 13 accessories to the commission of an offence or are otherwise 14 involved in the contravention giving rise to an offence. 15 (8) Subsections (4) and (5) do not apply to a management 16 member of the unincorporated body acting on a voluntary 17 basis, whether or not the member is reimbursed for the 18 expenses incurred by the member for carrying out activities 19 for the body. 20 (9) For the purposes of this section, a change in the composition 21 of the unincorporated body does not affect the continuity of 22 the body. 23 (10) In this section-- 24 management member, of an unincorporated body, means-- 25 (a) if the body has a management committee--each 26 member of the management committee; or 27 (b) otherwise--each member who is concerned with, or 28 takes part in, the body's management, whatever name is 29 given to the member's position in the body. 30 unincorporated body includes an unincorporated local 31 government authority, but does not include an unincorporated 32 partnership. 33 Page 591

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 639 Liability of registered operator 1 (1) This section applies to an offence against this Law that may 2 be committed by the operator of a heavy vehicle (whether or 3 not any other person can also commit the offence). 4 (2) If an offence to which this section applies is committed, the 5 following person is taken to be the operator of the heavy 6 vehicle and, in that capacity, is taken to have committed the 7 offence-- 8 (a) for a heavy vehicle that is not a combination--the 9 registered operator of the vehicle; 10 (b) for a heavy combination or the towing vehicle in a heavy 11 combination--the registered operator of the towing 12 vehicle in the combination; 13 (c) for a trailer forming part of a heavy combination--the 14 registered operator of the towing vehicle in the 15 combination and the registered operator (if any) of the 16 trailer. 17 (3) The registered operator has the same excuses and defences 18 available to the operator of the heavy vehicle under this Law 19 or another law. 20 (4) Subsection (2) does not apply if the registered operator gives 21 the Regulator an operator declaration-- 22 (a) if an infringement notice for the offence is issued to the 23 registered operator--within 14 days after the 24 infringement notice is issued; or 25 (b) if the registered operator is charged with the offence-- 26 (i) if the charge is to be heard 28 days or less after the 27 charge comes to the operator's knowledge--as 28 soon as practicable after the charge comes to the 29 registered operator's knowledge; or 30 (ii) if the charge is to be heard more than 28 days after 31 the charge comes to the operator's knowledge--as 32 soon as practicable after the charge comes to the 33 registered operator's knowledge but at least 28 34 days before the charge is heard. 35 Page 592

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (5) If the registered operator gives an operator declaration as 1 mentioned in subsection (4)-- 2 (a) a proceeding for the offence may be started against the 3 person named as the operator of the heavy vehicle in the 4 operator declaration only if a copy of the operator 5 declaration has been served on the person; and 6 (b) in a proceeding for the offence against the person named 7 as the operator of the heavy vehicle in the operator 8 declaration, the operator declaration is evidence that the 9 person was the operator of the heavy vehicle at the time 10 of the offence; and 11 (c) in a proceeding for the offence against the registered 12 operator, a court must not find the registered operator 13 guilty of the offence in the registered operator's capacity 14 as the operator of the heavy vehicle if it is satisfied, 15 whether on the statements in the operator declaration or 16 otherwise, the registered operator was not the operator 17 of the heavy vehicle at the time of the offence. 18 (6) To remove any doubt, it is declared that this section does not 19 affect the liability of the registered operator in a capacity other 20 than as the operator of the heavy vehicle. 21 (7) In this section-- 22 operator declaration means a statutory declaration, made by 23 the registered operator of a vehicle that is or forms part of a 24 heavy vehicle the subject of an offence against this Law, 25 stating-- 26 (a) the registered operator was not the operator of the heavy 27 vehicle at the time of the offence; and 28 (b) the name and address of the operator of the heavy 29 vehicle at the time of the offence. 30 registered operator, of a vehicle other than a heavy vehicle, 31 means the registered or licensed operator of the vehicle under 32 an Australian road law. 33 Page 593

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Chapter 11 Reviews and appeals 1 Part 11.1 Preliminary 2 640 Definitions for Ch 11 3 In this Chapter-- 4 public safety ground, for a reviewable decision, means the 5 Regulator being satisfied that making the decision is 6 necessary to prevent a significant risk to public safety. 7 relevant appeal body means the relevant tribunal or court for 8 the relevant jurisdiction. 9 relevant jurisdiction, for an applicant for the review of a 10 reviewable decision or an appellant for an appeal against a 11 review decision, means-- 12 (a) for a reviewable decision made under Division 3 of Part 13 4.5 or Division 4 of Part 4.6, or a review decision 14 relating to a reviewable decision made under Division 3 15 of Part 4.5 or Division 4 of Part 4.6-- 16 (i) if the areas or routes for which the authorisation 17 the subject of the reviewable decision was sought 18 are situated in the same participating 19 jurisdiction--the jurisdiction in which the areas or 20 routes are situated; or 21 (ii) if the areas or routes for which the authorisation 22 the subject of the reviewable decision was sought 23 are situated in 2 or more participating 24 jurisdictions-- 25 (A) the jurisdiction in which most of the areas or 26 routes are situated, worked out by reference 27 to the length of road covered by the areas or 28 routes; or 29 (B) if there is more than 1 jurisdiction for which 30 sub-subparagraph (A) is satisfied--any of 31 the jurisdictions for which sub-subparagraph 32 Page 594

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (A) is satisfied chosen by the applicant or 1 appellant; or 2 (b) for another reviewable decision or review decision-- 3 (i) if the reviewable decision or review decision 4 relates to only 1 heavy vehicle whose relevant 5 garage address is in a participating 6 jurisdiction--the jurisdiction in which the relevant 7 garage address is located; or 8 (ii) if the reviewable decision or review decision 9 relates to 2 or more heavy vehicles whose relevant 10 garage addresses are in the same participating 11 jurisdiction--the jurisdiction in which the relevant 12 garage addresses are located; or 13 (iii) if the reviewable decision or review decision 14 relates to 2 or more heavy vehicles whose relevant 15 garage addresses are located in 2 or more 16 participating jurisdictions--any of those 17 jurisdictions chosen by the operator of the 18 vehicles; or 19 (iv) otherwise--the participating jurisdiction in which 20 the applicant's or appellant's home address is 21 located. 22 review application means an application for review of a 23 reviewable decision under Part 11.2. 24 review decision has the meaning given by section 645. 25 reviewable decision means-- 26 (a) a decision mentioned in Schedule 3; or 27 (b) a decision made under the national regulations 28 prescribed as a reviewable decision for the purposes of 29 this Chapter. 30 reviewer means a person deciding a review of a reviewable 31 decision under Part 11.2. 32 Page 595

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Part 11.2 Internal review 1 641 Applying for internal review 2 (1) A dissatisfied person for a reviewable decision may apply to 3 the Regulator for a review of the decision. 4 (2) A review application may be made only within 28 days 5 after-- 6 (a) the day the person is notified of the decision; or 7 (b) if the person applies for a statement of reasons under 8 subsection (6)--the day the statement is given to the 9 person. 10 (3) However, the Regulator may, at any time, extend the time for 11 making a review application. 12 (4) A review application must-- 13 (a) be written; and 14 (b) be accompanied by the prescribed fee for the 15 application; and 16 (c) state in detail the grounds on which the person wants the 17 reviewable decision to be reviewed. 18 (5) The person is entitled to receive a statement of reasons for the 19 original decision whether or not the provision under which the 20 decision is made requires that the person be given a statement 21 of reasons for the decision. 22 (6) If the person was not given an information notice for the 23 original decision, the person may ask the Regulator for a 24 statement of reasons for the decision and the Regulator must 25 provide the statement within 28 days after the request is made. 26 (7) The making of a review application does not affect the 27 reviewable decision, or the carrying out of the reviewable 28 decision, unless it is stayed under section 642. 29 (8) In this section-- 30 dissatisfied person means-- 31 Page 596

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) for a reviewable decision of the Regulator made in 1 relation to an application for an exemption, 2 authorisation, approval or heavy vehicle accreditation 3 under this Law--the applicant; or 4 (b) for a reviewable decision of the Regulator not to make a 5 decision sought in an application for an amendment of 6 an exemption, authorisation, approval or heavy vehicle 7 accreditation under this Law--the applicant; or 8 (c) for a reviewable decision of the Regulator to amend, 9 cancel or suspend an exemption, authorisation, approval 10 or heavy vehicle accreditation under this Law--the 11 person to whom the exemption, authorisation, approval 12 or heavy vehicle accreditation was granted; or 13 (d) for a reviewable decision of the Regulator not to give a 14 replacement permit for an exemption or authorisation 15 under this Law or not to give a replacement 16 accreditation certificate for a heavy vehicle accreditation 17 under this Law--the person to whom the exemption, 18 authorisation or heavy vehicle accreditation was 19 granted; or 20 (e) for a reviewable decision of the Regulator that a thing or 21 sample is forfeited to the Regulator--an owner of the 22 thing or sample; or 23 (f) for a reviewable decision of an authorised officer to give 24 a person an improvement notice or to amend an 25 improvement notice given to a person--the person to 26 whom the improvement notice was given; or 27 (g) for a reviewable decision of a relevant road manager for 28 a mass or dimension authority--a person adversely 29 affected by the decision; or 30 (h) for a reviewable decision made under the national 31 regulations--the person prescribed as the dissatisfied 32 person for the decision under the national regulations. 33 Page 597

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 642 Stay of reviewable decisions made by Regulator or 1 authorised officer 2 (1) This section applies to-- 3 (a) a reviewable decision made by the Regulator other than 4 a decision made on the basis of a public safety ground; 5 or 6 (b) a reviewable decision made by an authorised officer. 7 (2) If a person makes a review application for the reviewable 8 decision, the person may immediately apply for a stay of the 9 decision to the relevant appeal body. 10 (3) The relevant appeal body may stay the reviewable decision to 11 secure the effectiveness of the review and any later appeal to 12 the body. 13 (4) In setting the time for hearing the stay application, the 14 relevant appeal body must allow at least 3 business days 15 between the day the application is filed with it and the hearing 16 day. 17 (5) The Regulator is a party to the application. 18 (6) The person must serve a copy of the application showing the 19 time and place of the hearing, and any document filed in the 20 relevant appeal body with the application, on the Regulator at 21 least 2 business days before the hearing. 22 (7) The stay-- 23 (a) may be given on conditions the relevant appeal body 24 considers appropriate; and 25 (b) operates for the period specified by the relevant appeal 26 body; and 27 (c) may be revoked or amended by the relevant appeal body. 28 (8) The period of a stay under this section must not extend past 29 the time when the reviewer reviews the reviewable decision 30 and any later period the relevant appeal body allows the 31 applicant to enable the applicant to appeal against the 32 decision. 33 Page 598

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 643 Referral of applications for review of decisions made by 1 road managers 2 (1) This section applies to a review application relating to a 3 reviewable decision made by a road manager for a road. 4 Note-- 5 In Schedule 3, only decisions made by a road manager (for a road) that 6 is a public authority are reviewable decisions. 7 (2) The Regulator must refer the application to the road manager 8 for review within 2 business days after receiving it. 9 644 Internal review 10 (1) A review of a reviewable decision that was not made by the 11 Regulator or a road manager personally must not be decided 12 by-- 13 (a) the person who made the reviewable decision; or 14 (b) a person who holds a less senior position than the person 15 who made the reviewable decision. 16 (2) The reviewer must conduct the review-- 17 (a) on the material before the person who made the 18 reviewable decision; and 19 (b) on the reasons for the reviewable decision; and 20 (c) any other relevant material the reviewer allows. 21 (3) For the review, the reviewer must give the applicant a 22 reasonable opportunity to make written or oral representations 23 to the reviewer. 24 645 Review decision 25 (1) The reviewer must, within the prescribed period, make a 26 decision (the review decision) to-- 27 (a) confirm the reviewable decision; or 28 (b) amend the reviewable decision; or 29 (c) substitute another decision for the reviewable decision. 30 Page 599

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (2) If the review decision confirms the reviewable decision, for 1 the purpose of an appeal, the reviewable decision is taken to 2 be the review decision. 3 (3) If the review decision amends the reviewable decision, for the 4 purpose of an appeal, the reviewable decision as amended is 5 taken to be the review decision. 6 (4) If the review decision substitutes another decision for the 7 reviewable decision, the substituted decision is taken to be the 8 review decision. 9 (5) If the reviewer is a road manager for a road, the reviewer 10 must, as soon as practicable, give the Regulator notice of the 11 review decision stating-- 12 (a) the decision; and 13 (b) the reasons for the decision. 14 (6) In this section-- 15 prescribed period means-- 16 (a) for a review of a reviewable decision made by a road 17 manager for a road-- 18 (i) 28 days after the application for the review is given 19 to the road manager; or 20 (ii) if the Regulator and road manager have agreed to a 21 longer period, of not more than 3 months after the 22 application for the review is given to the road 23 manager, and the Regulator has given notice of the 24 longer period to the applicant--the longer period; 25 or 26 (b) for a review of another reviewable decision--28 days 27 after the application for the review is made. 28 646 Notice of review decision 29 (1) The Regulator must, within the prescribed period, give the 30 applicant notice (the review notice) of the review decision. 31 (2) If the review decision is not the decision sought by the 32 applicant, the review notice must state the following-- 33 Page 600

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) the reasons for the decision; 1 (b) for a review decision relating to a reviewable decision 2 made by a road manager for a road--that the review 3 decision is not subject to further review or appeal under 4 this Law; 5 (c) for a review decision relating to another reviewable 6 decision-- 7 (i) that the applicant may appeal against the decision 8 under Part 11.3; and 9 (ii) how to appeal; 10 (d) for a review decision relating to a reviewable decision 11 made under Division 3 of Part 4.5 or Division 4 of Part 12 4.6 if the areas or routes for which the authorisation the 13 subject of the reviewable decision was sought are 14 situated in 2 or more participating jurisdictions--the 15 jurisdiction in which most of the areas or routes are 16 situated, worked out by reference to the length of road 17 covered by the areas or routes. 18 (3) If the reviewer does not make a review decision within the 19 period required under section 645, the reviewer is taken to 20 have made a review decision confirming the reviewable 21 decision. 22 (4) In this section-- 23 prescribed period means-- 24 (a) for a review of a reviewable decision made by a road 25 manager for a road--as soon as practicable, but not 26 more than 7 days, after the reviewer gives the Regulator 27 notice of the decision; or 28 (b) for a review of another reviewable decision--as soon as 29 practicable. 30 Page 601

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Part 11.3 Appeals 1 647 Appellable decisions 2 (1) A person may appeal to the relevant appeal body against a 3 review decision relating to a reviewable decision made by the 4 Regulator or an authorised officer. 5 (2) A person may appeal against the review decision only within 6 28 days after-- 7 (a) if a review notice is given to the person under section 8 646--the notice was given to the person; or 9 (b) if the reviewer is taken to have confirmed the decision 10 under section 646(3)--the period mentioned in that 11 section ends. 12 (3) However, the relevant appeal body may extend the period for 13 appealing. 14 (4) The filing of an appeal does not affect the review decision, or 15 the carrying out of the review decision, unless it is stayed 16 under section 648. 17 648 Stay of review decision 18 (1) This section applies if, under this Law, a person appeals to the 19 relevant appeal body against a review decision relating to-- 20 (a) a reviewable decision made by the Regulator other than 21 on the basis of a public safety ground; or 22 (b) a reviewable decision made by an authorised officer. 23 (2) The person may immediately apply to the relevant appeal 24 body for a stay of the decision. 25 (3) The relevant appeal body may stay the review decision to 26 secure the effectiveness of the appeal. 27 (4) In setting the time for hearing the stay application, the 28 relevant appeal body must allow at least 3 business days 29 between the day the application is filed with it and the hearing 30 day. 31 Page 602

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (5) The Regulator is a party to the application. 1 (6) The person must serve a copy of the application showing the 2 time and place of the hearing, and any document filed in the 3 relevant appeal body with the application, on the Regulator at 4 least 2 business days before the hearing. 5 (7) The stay-- 6 (a) may be given on conditions the relevant appeal body 7 considers appropriate; and 8 (b) operates for the period specified by the relevant appeal 9 body, but not extending past the time when it decides the 10 appeal; and 11 (c) may be revoked or amended by the relevant appeal body. 12 649 Powers of relevant appeal body on appeal 13 (1) In deciding, under this Law, an appeal against a review 14 decision, the relevant appeal body-- 15 (a) has the same powers as the person who made the 16 reviewable decision to which the review decision 17 relates; and 18 (b) is not bound by the rules of evidence; and 19 (c) must comply with natural justice. 20 (2) An appeal is by way of rehearing-- 21 (a) unaffected by the review decision; and 22 (b) on the material before the person who made the review 23 decision and any further evidence allowed by the 24 relevant appeal body. 25 (3) After hearing the appeal, the relevant appeal body must-- 26 (a) confirm the review decision; or 27 (b) set aside the review decision and substitute another 28 decision that it considers appropriate; or 29 (c) set aside the review decision and return the issue to the 30 person who made the reviewable decision to which the 31 Page 603

Heavy Vehicle National Law Amendment Bill 2012 [s 12] review decision relates with the directions that it 1 considers appropriate. 2 650 Effect of decision of relevant appeal body on appeal 3 If, under this Law, the relevant appeal body substitutes 4 another decision for a review decision, the substituted 5 decision is, for the relevant provision of this Law, taken to be 6 that of the person who made the reviewable decision to which 7 the review decision relates. 8 Chapter 12 Administration 9 Part 12.1 Responsible Ministers 10 651 Policy directions 11 (1) The responsible Ministers may give directions to the 12 Regulator about the policies to be applied by the Regulator in 13 exercising its functions under this Law. 14 (2) A direction under this section can not be about-- 15 (a) a particular person; or 16 (b) a particular heavy vehicle; or 17 (c) a particular application or proceeding. 18 (3) The Regulator must comply with a direction given to it by the 19 responsible Ministers under this section. 20 (4) A copy of a direction given by the responsible Ministers to the 21 Regulator is to be published in the Regulator's annual report. 22 652 Referral of matters etc. by responsible Minister 23 (1) The responsible Minister for a participating jurisdiction 24 may-- 25 Page 604

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) refer a matter relevant to that jurisdiction to the 1 Regulator for action under this Law; or 2 (b) ask the Regulator for information about the exercise of 3 the Regulator's functions under this Law as applied in 4 that jurisdiction. 5 (2) However, the Minister can not-- 6 (a) refer a matter to the Regulator under subsection (1)(a) 7 that may require the Regulator to take action that is 8 inconsistent with-- 9 (i) a direction given by the responsible Ministers 10 under section 651; or 11 (ii) the approved guidelines; or 12 (b) direct the Regulator to take or not to take particular 13 action in relation to a matter referred to the Regulator 14 under subsection (1)(a); or 15 (c) otherwise influence the exercise of the Regulator's 16 functions under this Law. 17 (3) The Regulator may charge a fee for dealing with a referral or 18 request made under subsection (1). 19 (4) A fee charged by the Regulator under subsection (3) must be 20 an amount-- 21 (a) the Regulator considers reasonable; and 22 (b) that is no more than the reasonable cost of dealing with 23 the referral or request. 24 (5) Section 740(2) to (4) do not apply to a fee charged by the 25 Regulator under subsection (3). 26 653 Approved guidelines for exemptions, authorisations, 27 permits and other authorities 28 (1) The responsible Ministers may approve guidelines about any 29 of the following-- 30 (a) granting registration exemptions; 31 (b) granting vehicle standards exemptions; 32 Page 605

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (c) granting mass or dimension exemptions; 1 (d) granting class 2 heavy vehicle authorisations; 2 (e) granting electronic recording system approvals; 3 (f) granting work and rest hours exemptions; 4 (g) granting work diary exemptions; 5 (h) granting fatigue record keeping exemptions; 6 (i) granting heavy vehicle accreditation; 7 (j) granting or issuing an exemption, authorisation, permit 8 or authority, or making a declaration, under the national 9 regulations; 10 (k) granting PBS design approvals and PBS vehicle 11 approvals; 12 (l) other matters as referred to in-- 13 (i) paragraph (a)(ii) of the definition road condition in 14 section 154; or 15 (ii) section 156(3)(a)(ii); or 16 (iii) section 163(1)(b)(ii)(B); or 17 (iv) section 174(1)(b); or 18 (v) section 178(1)(b). 19 (2) The guidelines, and any instrument amending or repealing the 20 guidelines, must be published in the Commonwealth Gazette. 21 (3) The Regulator must ensure a copy of the guidelines as in force 22 from time to time and any document applied, adopted or 23 incorporated by the guidelines is-- 24 (a) made available for inspection, without charge, during 25 normal business hours at each office of the Regulator; 26 and 27 (b) published on the Regulator's website. 28 654 Other approvals 29 (1) The responsible Ministers may approve-- 30 Page 606

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) a standard for sleeper berths; or 1 (b) standards and business rules for-- 2 (i) advanced fatigue management; or 3 (ii) basic fatigue management; or 4 (iii) heavy vehicle maintenance management; or 5 (iv) heavy vehicle mass management; or 6 (c) a class of auditors for the purposes of Chapter 8. 7 (2) The approval, and any instrument amending or repealing the 8 approval, must be published in the Commonwealth Gazette. 9 (3) The Regulator must ensure a copy of an approval in force 10 under subsection (1), and any document the subject of the 11 approval, is-- 12 (a) made available for inspection, without charge, during 13 normal business hours at each office of the Regulator; 14 and 15 (b) published on the Regulator's website. 16 655 How responsible Ministers exercise functions 17 (1) The responsible Ministers are to give a direction or approval, 18 or make a recommendation, request or decision, for the 19 purposes of a provision of this Law by a resolution passed by 20 the responsible Ministers in accordance with the procedures 21 decided by the responsible Ministers. 22 (2) Subsection (1) applies subject to the following-- 23 (a) subsection (3); 24 (b) a provision of this Law that provides how a direction or 25 approval must be given, or a recommendation, request 26 or decision must be made, by the responsible Ministers, 27 including, for example, a provision that provides that a 28 recommendation by the responsible Ministers must be 29 unanimous. 30 (3) The Commonwealth responsible Minister may decide whether 31 or not to participate in the exercise of a function given to the 32 Page 607

Heavy Vehicle National Law Amendment Bill 2012 [s 12] responsible Ministers under this Law and, if the 1 Commonwealth responsible Minister decides not to 2 participate, the following apply in relation to the exercise of 3 the function-- 4 (a) a reference in this Law to the responsible Ministers is 5 taken to be a reference to a group of Ministers 6 consisting of the responsible Minister for each 7 participating jurisdiction; 8 (b) a direction, approval, recommendation, request or 9 decision by the responsible Ministers is taken to be 10 unanimous if the responsible Minister for each 11 participating jurisdiction agrees with the direction, 12 approval, recommendation, request or decision. 13 (4) An act or thing done by the responsible Ministers (whether by 14 resolution, instrument or otherwise) does not cease to have 15 effect merely because of a change in the Ministers comprising 16 the responsible Ministers. 17 Part 12.2 National Heavy Vehicle 18 Regulator 19 Division 1 Establishment, functions and 20 powers 21 656 Establishment of National Heavy Vehicle Regulator 22 (1) The National Heavy Vehicle Regulator is established. 23 (2) It is the intention of the Parliament of this jurisdiction that this 24 Law as applied by an Act of this jurisdiction, together with 25 this Law as applied by Acts of the other participating 26 jurisdictions, has the effect that the National Heavy Vehicle 27 Regulator is one single national entity, with functions 28 conferred by this Law as so applied. 29 Page 608

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (3) The Regulator has power to do acts in or in relation to this 1 jurisdiction in the exercise of a function expressed to be 2 conferred on it by this Law as applied by Acts of each 3 participating jurisdiction. 4 (4) The Regulator may exercise its functions in relation to-- 5 (a) one participating jurisdiction; or 6 (b) 2 or more or all participating jurisdictions collectively. 7 657 Status of Regulator 8 (1) The Regulator-- 9 (a) is a body corporate with perpetual succession; and 10 (b) has a common seal; and 11 (c) may sue and be sued in its corporate name. 12 (2) The Regulator represents the State. 13 658 General powers of Regulator 14 (1) The Regulator has all the powers of an individual and, in 15 particular, may-- 16 (a) enter into contracts; and 17 (b) acquire, hold, dispose of, and deal with, real and 18 personal property; and 19 (c) do anything necessary or convenient to be done in the 20 exercise of its functions. 21 (2) Without limiting subsection (1), the Regulator may enter into 22 an agreement with a State or Territory that makes provision 23 for-- 24 (a) the State or Territory to provide services to the 25 Regulator that assist the Regulator in exercising its 26 functions; or 27 (b) the Regulator to provide services to the State or 28 Territory, including, for example, services relating to-- 29 (i) collecting vehicle registration duty; and 30 Page 609

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (ii) ensuring compliance with third party insurance 1 legislation, including, for example, by collecting 2 third party insurance premiums. 3 659 Functions of Regulator 4 (1) The Regulator's main function is to achieve the object of this 5 Law. 6 (2) Without limiting subsection (1), the Regulator has the 7 following functions-- 8 (a) to provide the necessary administrative services for the 9 operation of this Law, including, for example-- 10 (i) services for the national registration of heavy 11 vehicles; and 12 (ii) collecting fees, charges and other amounts payable 13 under this Law; 14 (b) to monitor compliance with this Law; 15 (c) to investigate contraventions or possible contraventions 16 of provisions of this Law, including offences against this 17 Law; 18 (d) to bring and conduct proceedings in relation to 19 contraventions or possible contraventions of provisions 20 of this Law, including offences against this Law; 21 (e) to bring and conduct, or conduct and defend, appeals 22 from decisions in proceedings mentioned in paragraph 23 (d); 24 (f) to conduct reviews of particular decisions made under 25 this Law by the Regulator or authorised officers; 26 (g) to conduct and defend appeals from decisions on 27 reviews mentioned in paragraph (f); 28 (h) to implement and manage an audit program for heavy 29 vehicle accreditations granted under this Law; 30 (i) to monitor and review, and report to the responsible 31 Ministers on, the operation of this Law, including, for 32 example, monitoring, reviewing and reporting on-- 33 Page 610

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (i) the extent to which the object of this Law or 1 particular aspects of this Law are being achieved; 2 and 3 (ii) the extent and nature of noncompliance with this 4 Law; and 5 (iii) the outcome of activities for monitoring and 6 investigating compliance with this Law; and 7 (iv) the effect of heavy vehicle accreditation on 8 achieving the object of this Law or particular 9 aspects of this Law; and 10 (v) the effect of modifications to this Law as it applies 11 in a particular participating jurisdiction on 12 achieving the object of this Law or particular 13 aspects of this Law; 14 (j) to identify and promote best practice methods-- 15 (i) for complying with this Law; and 16 (ii) for managing risks to public safety arising from the 17 use of heavy vehicles on roads; and 18 (iii) for the productive and efficient road transport of 19 goods or passengers by heavy vehicles; 20 (k) to encourage and promote safe and productive business 21 practices of persons involved in the road transport of 22 goods or passengers by heavy vehicles that do not 23 compromise the object of this Law; 24 (l) to work collaboratively with other law enforcement 25 agencies to ensure a nationally consistent approach for 26 enforcing contraventions of laws involving heavy 27 vehicles; 28 (m) to work collaboratively with road managers, the 29 National Transport Commission and industry bodies to 30 ensure a wide understanding of the object of this Law or 31 particular aspects of this Law, and encourage 32 participation in achieving the object; 33 (n) the other functions conferred on it under this Law. 34 Page 611

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 660 Cooperation with participating jurisdictions and 1 Commonwealth 2 (1) The Regulator may exercise any of its functions in 3 cooperation with or with the assistance of a participating 4 jurisdiction or the Commonwealth, including in cooperation 5 with or with the assistance of a government agency of a 6 participating jurisdiction or of the Commonwealth. 7 (2) In particular, the Regulator may-- 8 (a) ask a government agency of a participating jurisdiction 9 or the Commonwealth for information that the 10 Regulator requires to exercise its functions under this 11 Law; and 12 (b) use the information provided to exercise its functions 13 under this Law. 14 (3) A government agency that receives a request for information 15 under this section from the Regulator is authorised to give the 16 information to the Regulator. 17 661 Delegation 18 (1) The Regulator may delegate any of its functions to-- 19 (a) the chief executive of an entity or a department of 20 government of a participating jurisdiction or the 21 Commonwealth; or 22 (b) the chief executive officer or another member of the 23 staff of the Regulator; or 24 (c) a person engaged as a contractor by the Regulator; or 25 (d) any other person whom the Regulator considers is 26 appropriately qualified to exercise the function. 27 (2) A delegation of a function may permit the subdelegation of 28 the function to an appropriately qualified person. 29 Note-- 30 See section 29 of Schedule 1 which provides for matters relating to the 31 delegation and subdelegation of functions. 32 Page 612

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Division 2 Governing board of Regulator 1 Subdivision 1 Establishment and functions 2 662 Establishment of National Heavy Vehicle Regulator Board 3 (1) The Regulator has a governing board known as the National 4 Heavy Vehicle Regulator Board. 5 (2) It is the intention of the Parliament of this jurisdiction that this 6 Law as applied by an Act of this jurisdiction, together with 7 this Law as applied by Acts of the other participating 8 jurisdictions, has the effect that the National Heavy Vehicle 9 Regulator Board is one single national entity, with functions 10 conferred by this Law as so applied. 11 (3) The Board has power to do acts in or in relation to this 12 jurisdiction in the exercise of a function expressed to be 13 conferred on it by this Law as applied by Acts of each 14 participating jurisdiction. 15 (4) The Board may exercise its functions in relation to-- 16 (a) one participating jurisdiction; or 17 (b) 2 or more or all participating jurisdictions collectively. 18 663 Membership of Board 19 (1) The Board consists of 5 members appointed by the 20 Queensland Minister on the unanimous recommendation of 21 the responsible Ministers. 22 (2) The members of the Board must consist of-- 23 (a) at least 1 member who has expertise in transportation 24 policy; and 25 (b) at least 1 other member who has expertise in economics, 26 law, accounting, social policy or education and training; 27 and 28 Page 613

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (c) at least 1 other member who has experience in managing 1 risks to public safety arising from the use of vehicles on 2 roads; and 3 (d) at least 1 other member who has financial management 4 skills, business skills, administrative expertise or other 5 skills or experience the responsible Ministers believe is 6 appropriate. 7 (3) Of the members of the Board, one is to be appointed by the 8 Queensland Minister, on the unanimous recommendation of 9 the responsible Ministers, as the Chairperson of the Board and 10 another as the Deputy Chairperson. 11 664 Functions of Board 12 (1) The affairs of the Regulator are to be controlled by the Board. 13 (2) Without limiting subsection (1), the Board's functions include 14 the following-- 15 (a) subject to any directions of the responsible Ministers, 16 deciding the policies of the Regulator; 17 (b) ensuring the Regulator exercises its functions in a 18 proper, effective and efficient way. 19 (3) All acts and things done in the name of, or on behalf of, the 20 Regulator by or with the authority of the Board are taken to 21 have been done by the Regulator. 22 (4) The Board has any other functions given to the Board under 23 this Law. 24 Subdivision 2 Members 25 665 Terms of office of members 26 (1) Subject to this Division, a member of the Board holds office 27 for the period, not more than 3 years, specified in the 28 member's instrument of appointment. 29 (2) If otherwise qualified, a member of the Board is eligible for 30 reappointment. 31 Page 614

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 666 Remuneration 1 A member of the Board is entitled to be paid the remuneration 2 and allowances decided by the responsible Ministers from 3 time to time. 4 667 Vacancy in office of member 5 (1) The office of a member of the Board becomes vacant if the 6 member-- 7 (a) completes a term of office; or 8 (b) resigns the office by signed notice given to the 9 responsible Ministers; or 10 (c) has been found guilty of an offence, whether in a 11 participating jurisdiction or elsewhere, that the 12 responsible Ministers consider renders the member unfit 13 to continue to hold the office of member; or 14 (d) becomes bankrupt, applies to take the benefit of any law 15 for the relief of bankrupt or insolvent debtors, 16 compounds with the member's creditors or makes an 17 assignment of the member's remuneration for their 18 benefit; or 19 (e) is absent, without leave first being granted by the 20 relevant entity, from 3 or more consecutive meetings of 21 the Board of which reasonable notice has been given to 22 the member personally or by post; or 23 (f) is removed from office by the Queensland Minister 24 under this section; or 25 (g) dies. 26 (2) The Queensland Minister may remove a member of the Board 27 from office if the responsible Ministers recommend the 28 removal of the member on the basis that the member has 29 engaged in misconduct or has failed to or is unable to properly 30 exercise the member's functions as a member of the Board. 31 (3) In this section-- 32 relevant entity means-- 33 Page 615

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) for a member who is the Chairperson of the Board--the 1 responsible Ministers; or 2 (b) for another member--the Chairperson of the Board. 3 668 Board member to give responsible Ministers notice of 4 certain events 5 A member of the Board must, within 7 days of either of the 6 following events occurring, give the responsible Ministers 7 notice of the event-- 8 (a) the member is convicted of an offence; 9 (b) the member becomes bankrupt, applies to take the 10 benefit of any law for the relief of bankrupt or insolvent 11 debtors, compounds with the member's creditors or 12 makes an assignment of the member's remuneration for 13 their benefit. 14 669 Extension of term of office during vacancy in 15 membership 16 (1) If the office of a member of the Board becomes vacant 17 because the member has completed the member's term of 18 office, the member is taken to continue to be a member during 19 that vacancy until the date on which the vacancy is filled, 20 whether by re-appointment of the member or appointment of a 21 successor to the member. 22 (2) However, this section ceases to apply to the member if-- 23 (a) the member resigns the member's office by signed 24 notice given to the responsible Ministers; or 25 (b) the responsible Ministers decide the services of the 26 member are no longer required. 27 (3) The maximum period for which a member of the Board is 28 taken to continue to be a member under this section after 29 completion of the member's term of office is 6 months. 30 Page 616

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 670 Members to act in public interest 1 A member of the Board is to act impartially and in the public 2 interest in the exercise of the member's functions as a 3 member. 4 671 Disclosure of conflict of interest 5 (1) If a member of the Board has a direct or indirect pecuniary or 6 other interest that conflicts or may conflict with the exercise 7 of the member's functions as a member, the member must, as 8 soon as possible after the relevant facts have come to the 9 member's knowledge, disclose the nature of the member's 10 interest and the conflict to-- 11 (a) for a member who is the Chairperson of the Board--the 12 responsible Ministers; or 13 (b) for another member--the Chairperson of the Board. 14 (2) If a disclosure is made under subsection (1), the entity to 15 whom the disclosure is made must notify the Board of the 16 disclosure. 17 (3) Particulars of any disclosure made under subsection (1) must 18 be recorded by the Board in a register of interests kept for the 19 purpose. 20 (4) After a member of the Board has disclosed the nature of an 21 interest and conflict or potential conflict under subsection (1), 22 the member must not be present during any deliberation of the 23 Board with respect to any matter that is, or may be, affected 24 by the conflict, or take part in any decision of the Board with 25 respect to any matter that is, or may be, affected by the 26 conflict, unless-- 27 (a) for a member who is the Chairperson of the Board, the 28 responsible Ministers otherwise decide; or 29 (b) for another member, the Board otherwise decides. 30 (5) For the purposes of the making of a decision by the Board 31 under subsection (4) in relation to a matter, a member of the 32 Board who has a direct or indirect pecuniary or other interest 33 that conflicts or may conflict with the exercise of the 34 Page 617

Heavy Vehicle National Law Amendment Bill 2012 [s 12] member's functions as a member with respect to the matter 1 must not-- 2 (a) be present during any deliberation of the Board for the 3 purpose of making the decision; or 4 (b) take part in the making of the decision by the Board. 5 (6) A contravention of this section does not invalidate any 6 decision of the Board but if the Board becomes aware a 7 member of the Board contravened this section, the Board must 8 reconsider any decision made by the Board in which the 9 member took part in contravention of this section. 10 Subdivision 3 Meetings 11 672 General procedure 12 (1) The procedure for the calling of meetings of the Board and for 13 the conduct of business at the meetings is, subject to this Law, 14 to be decided by the Board. 15 (2) Without limiting subsection (1), the Chairperson of the 16 Board-- 17 (a) may at any time call a meeting of the Board; and 18 (b) must call a meeting if asked, in writing, by at least 3 19 other members of the Board. 20 673 Quorum 21 The quorum for a meeting of the Board is a majority of its 22 members. 23 674 Chief executive officer may attend meetings 24 (1) The chief executive officer of the Regulator may attend 25 meetings of the Board and participate in discussions of the 26 Board. 27 (2) However, the chief executive officer-- 28 Page 618

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) must, as soon as possible after becoming aware that the 1 chief executive officer has a direct personal interest in a 2 matter to be considered by the Board, disclose the 3 interest to the Chairperson of the Board; and 4 (b) is not entitled to be present during the consideration by 5 the Board of any matter in which the chief executive 6 officer has a direct personal interest; and 7 (c) is not entitled to vote at a meeting. 8 675 Presiding member 9 (1) The Chairperson of the Board is to preside at a meeting of the 10 Board. 11 (2) However, in the absence of the Chairperson of the Board the 12 following person is to preside at a meeting of the Board-- 13 (a) if the Deputy Chairperson of the Board is present at the 14 meeting, the Deputy Chairperson; 15 (b) otherwise, a person elected by the members of the Board 16 who are present at the meeting. 17 (3) The presiding member has a deliberative vote and, in the event 18 of an equality of votes, has a second or casting vote. 19 676 Voting 20 A decision supported by a majority of the votes cast at a 21 meeting of the Board at which a quorum is present is the 22 decision of the Board. 23 677 Minutes 24 The Chairperson or other member of the Board presiding at a 25 meeting of the Board must ensure minutes of the meeting are 26 taken. 27 Page 619

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 678 First meeting 1 The Chairperson of the Board may call the first meeting of the 2 Board in any way the Chairperson thinks fit. 3 679 Defects in appointment of members 4 A decision of the Board is not invalidated by any defect or 5 irregularity in the appointment of any member of the Board. 6 Subdivision 4 Committees 7 680 Committees 8 (1) The Board may establish committees to assist the Board in 9 exercising its functions. 10 (2) The members of a committee need not be members of the 11 Board. 12 (3) A member of a committee is appointed on the terms and 13 conditions the Board considers appropriate, including terms 14 about remuneration. 15 (4) The procedure for the calling of meetings of a committee and 16 for the conduct of business at the meetings may be decided by 17 the Board or, subject to any decision of the Board, by the 18 committee. 19 Division 3 Chief executive officer 20 681 Chief executive officer 21 (1) There is to be a chief executive officer of the Regulator. 22 (2) The chief executive officer is to be appointed by the Board. 23 (3) The chief executive officer is to be appointed for a period, not 24 more than 5 years, specified in the officer's instrument of 25 appointment. 26 (4) The chief executive officer is eligible for re-appointment. 27 Page 620

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (5) The chief executive officer is taken, while holding that office, 1 to be a member of the staff of the Regulator. 2 682 Functions of chief executive officer 3 The chief executive officer of the Regulator-- 4 (a) is responsible for the day-to-day management of the 5 Regulator; and 6 (b) has any other functions conferred on the chief executive 7 officer by the Board. 8 683 Delegation by chief executive officer 9 The chief executive officer of the Regulator may delegate any 10 of the functions conferred on the officer, other than this power 11 of delegation, to-- 12 (a) an appropriately qualified member of the staff of the 13 Regulator; or 14 (b) the chief executive of an entity, or a department of 15 government, of a participating jurisdiction. 16 Division 4 Staff 17 684 Staff 18 (1) The Regulator may, for the purpose of exercising its functions, 19 employ staff. 20 (2) The staff of the Regulator are to be employed on the terms and 21 conditions decided by the Regulator from time to time. 22 (3) Subsection (2) is subject to any relevant industrial award or 23 agreement that applies to the staff. 24 Page 621

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 685 Staff seconded to Regulator 1 The Regulator may make arrangements for the services of any 2 of the following persons to be made available to the Regulator 3 in connection with the exercise of its functions-- 4 (a) a member of the staff of a government agency of the 5 Commonwealth, a State or a Territory; 6 (b) a member of the staff of a local government authority. 7 686 Consultants and contractors 8 (1) The Regulator may engage persons with suitable 9 qualifications and experience as consultants or contractors. 10 (2) The terms and conditions of engagement of consultants or 11 contractors are as decided by the Regulator from time to time. 12 Part 12.3 Miscellaneous 13 Division 1 Finance 14 687 National Heavy Vehicle Regulator Fund 15 (1) The National Heavy Vehicle Regulator Fund is established. 16 (2) The Fund is to be administered by the Regulator. 17 (3) The Regulator may establish accounts with any financial 18 institution for money in the Fund. 19 (4) The Fund does not form part of the consolidated fund or 20 consolidated account (however described) of a participating 21 jurisdiction or the Commonwealth. 22 688 Payments into Fund 23 (1) There is payable into the Fund (except as provided by 24 subsection (2))-- 25 Page 622

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) all money appropriated by the Parliament of any 1 participating jurisdiction or the Commonwealth for the 2 purposes of the Fund; and 3 (b) all fees, charges, costs and expenses paid to or recovered 4 by the Regulator under this Law; and 5 (c) the proceeds of the investment of money in the Fund; 6 and 7 (d) all grants, gifts and donations made to the Regulator, but 8 subject to any trusts declared in relation to the grants, 9 gifts or donations; and 10 (e) all money directed or authorised to be paid into the Fund 11 under this Law, any law of a participating jurisdiction or 12 any law of the Commonwealth; and 13 (f) any other money or property received by the Regulator 14 in connection with the exercise of its functions; and 15 (g) any money paid to the Regulator for the provision of 16 services to a State or Territory under an agreement 17 mentioned in section 658(2)(b). 18 (2) The following money is not payable into the Fund-- 19 (a) the road use component of the charges payable for the 20 registration of heavy vehicles; 21 (b) money that is received by the Regulator under an 22 agreement mentioned in section 658(2)(b) and that is 23 payable to another entity under such an agreement. 24 Note-- 25 Section 692 deals with the money mentioned in subsection (2). 26 (3) In this section-- 27 road use component, of the charges payable for the 28 registration of heavy vehicles, means those charges other than 29 so much of them as is, or is of a kind, prescribed by the 30 national regulations as the regulatory component of those 31 charges. 32 Page 623

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 689 Payments out of Fund 1 Payments may be made from the Fund for the purpose of-- 2 (a) paying any costs or expenses, or discharging any 3 liabilities, incurred in the administration or enforcement 4 of this Law, including, for example, payments made to a 5 State or Territory for the provision of services under an 6 agreement mentioned in section 658(2)(a); and 7 (b) paying any money directed or authorised to be paid out 8 of the Fund under this Law; and 9 (c) making any other payments recommended by the 10 Regulator and approved by the responsible Ministers. 11 690 Investment by Regulator 12 (1) The Regulator must invest its funds in a way that is secure and 13 provides a low risk so that the Regulator's exposure to the loss 14 of funds is minimised. 15 (2) The Regulator must keep records that show it has invested in a 16 way that complies with subsection (1). 17 691 Financial management duties of Regulator 18 The Regulator must-- 19 (a) ensure its operations are carried out efficiently, 20 effectively and economically; and 21 (b) keep proper books and records in relation to the Fund 22 and other money received by the Regulator; and 23 (c) ensure expenditure is made from the Fund for lawful 24 purposes only and, as far as possible, that reasonable 25 value is obtained for money expended from the Fund; 26 and 27 (d) ensure its procedures, including internal control 28 procedures, afford adequate safeguards with respect 29 to-- 30 (i) the correctness, regularity and propriety of 31 payments made from the Fund; and 32 Page 624

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (ii) receiving and accounting for payments made to the 1 Fund; and 2 (iii) prevention of fraud or mistake; and 3 (e) take any action necessary to ensure the preparation of 4 accurate financial statements in accordance with 5 Australian Accounting Standards for inclusion in its 6 annual report; and 7 (f) take any action necessary to facilitate the audit of the 8 financial statements under this Law; and 9 (g) arrange for any further audit by a qualified person of the 10 books and records kept by the Regulator if directed to do 11 so by the responsible Ministers. 12 692 Amounts payable to other entities 13 (1) The Regulator may establish accounts with any financial 14 institution for money referred to in section 688(2), pending 15 payment of the money to States, Territories or other entities 16 entitled to receive it under-- 17 (a) applicable agreements mentioned in section 658(2)(b); 18 or 19 (b) arrangements approved by the responsible Ministers, to 20 the extent applicable agreements do not make provision 21 for payment. 22 (2) Money in an account established under this section does not 23 form part of the consolidated fund or consolidated account 24 (however described) of a participating jurisdiction or the 25 Commonwealth. 26 Page 625

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Division 2 Reporting and planning 1 arrangements 2 693 Annual report 3 (1) The Regulator must, within 3 months after the end of each 4 financial year, give the responsible Ministers an annual report 5 for the financial year. 6 (2) The annual report must-- 7 (a) include for the period to which the report relates-- 8 (i) the financial statements that have been audited by 9 an auditor decided by the responsible Ministers; 10 and 11 (ii) a statement of actual performance measured 12 against the National Performance Measures 13 (Standards and Indicators) outlined in the current 14 corporate plan under section 695; and 15 (iii) a statement of exceptions where the National 16 Performance Measures (Standards and Indicators) 17 were not achieved, including a statement of issues 18 that impacted on the achievement of the measures; 19 and 20 (iv) a statement of trend analysis relating to 21 performance measured against the National 22 Performance Measures (Standards and Indicators); 23 and 24 (v) a statement of the outcome of consultation 25 strategies and activities, including a summary of 26 industry comments; and 27 (vi) a statement of the achievements attained in 28 implementing, and the challenges encountered in 29 implementing, the Regulator's objectives stated in 30 the current corporate plan; and 31 (vii) a statement of the achievements attained in the 32 exercise of the Regulator's functions; and 33 Page 626

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (viii) a statement of arrangements in place to secure 1 collaboration with State and Territory agencies and 2 the effectiveness of those arrangements; and 3 (ix) a statement indicating the nature of any reports 4 requested by the responsible Ministers under 5 section 694; and 6 (x) other matters required by the national regulations; 7 and 8 (b) be prepared in the way required by the national 9 regulations. 10 (3) Without limiting subsection (2)(b), the national regulations 11 may provide-- 12 (a) that the financial statements are to be prepared in 13 accordance with Australian Accounting Standards; and 14 (b) for the auditing of the financial statements. 15 (4) The responsible Ministers are to make arrangements for the 16 tabling of the Regulator's annual report in each House of the 17 Parliament of each participating jurisdiction and of the 18 Commonwealth. 19 (5) As soon as practicable after the annual report has been tabled 20 in at least one House of the Parliament of a participating 21 jurisdiction, the Regulator must publish a copy of the report 22 on the Regulator's website. 23 694 Other reports 24 The responsible Ministers may, by written direction given to 25 the Regulator, require the Regulator to give to the responsible 26 Ministers, within the period stated in the direction, a report 27 about any matter that relates to the exercise by the Regulator 28 of its functions. 29 695 Corporate plans 30 (1) The Regulator must, on an annual basis, prepare and give to 31 the responsible Ministers for approval by the Ministers a 32 corporate plan for each 3 year period. 33 Page 627

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (2) The corporate plan must-- 1 (a) outline the Regulator's objectives for the 3 year period; 2 and 3 (b) state how the Regulator's objectives will be 4 implemented during the 3 year period; and 5 (c) contain a statement outlining the National Performance 6 Measures (Standards and Indicators), determined by the 7 Regulator under subsection (4), for the 3 year period, 8 including (but not limited to) annual measures for each 9 of the 3 years specifying-- 10 (i) the standards expected to be complied with for 11 each year; and 12 (ii) the performance indicators proposed to be used for 13 measuring the Regulator's progress in 14 implementing the Regulator's objectives during the 15 year; and 16 (d) identify any challenges and risks that the Regulator 17 reasonably believes may have a significant impact, 18 during the 3 year period, on-- 19 (i) the Regulator's ability to implement the 20 Regulator's objectives; and 21 (ii) the achievement of the object of this Law; and 22 (iii) the exercise of the Regulator's functions; and 23 (e) include the Regulator's proposed budget for each 24 financial year commencing within the 3 year period. 25 (3) The Regulator must, by notice given to the responsible 26 Ministers, advise the Ministers if either of the following 27 occurs-- 28 (a) the Regulator makes a significant amendment to its 29 corporate plan; 30 (b) the Regulator becomes aware of an issue that will have a 31 significant impact on its ability to implement the 32 objectives stated in the corporate plan. 33 Page 628

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (4) The Regulator must publish documentation for National 1 Performance Measures on the Regulator's website and 2 determine National Performance Measures (Standards and 3 Indicators) in accordance with the documentation. 4 Division 3 Oversight of the Regulator and 5 Board 6 696 Application of particular Queensland Acts to this Law 7 (1) The following Acts, as in force from time to time, apply for 8 the purposes of this Law-- 9 (a) the Information Privacy Act 2009 of Queensland; 10 (b) the Public Records Act 2002 of Queensland; 11 (c) the Right to Information Act 2009 of Queensland. 12 (2) However, the Acts mentioned in subsection (1) do not apply 13 for the purposes of this Law to the extent that-- 14 (a) functions under this Law are being exercised by a State 15 or Territory entity; or 16 (b) without limiting paragraph (a), functions are being 17 exercised by a State or Territory entity under an 18 agreement mentioned in section 658(2)(a) or under a 19 delegation under this Law. 20 (3) The national regulations may modify an Act mentioned in 21 subsection (1) for the purposes of this Law. 22 (4) Without limiting subsection (3), the national regulations 23 may-- 24 (a) provide that the Act applies as if a provision of the Act 25 specified in the regulations were omitted; or 26 (b) provide that the Act applies as if an amendment to the 27 Act made by a law of Queensland, and specified in the 28 regulations, had not taken effect; or 29 (c) confer a function on a State or Territory entity; or 30 Page 629

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (d) confer jurisdiction on a tribunal or court of a 1 participating jurisdiction. 2 (5) An Act mentioned in subsection (1) applies for the purposes 3 of this Law as if the Minister responsible for a government 4 agency were the responsible Ministers in relation to a body 5 established by this Law. 6 (6) Subsection (5) applies to an Act mentioned in subsection (1) 7 with the modifications (if any) mentioned in subsection (3), 8 but does not apply in relation to any provisions of that Act 9 specified in the national regulations for the purposes of this 10 subsection. 11 (7) In this section-- 12 State or Territory entity does not include the Regulator. 13 Division 4 Provisions relating to persons 14 exercising functions under Law 15 697 General duties of persons exercising functions under this 16 Law 17 (1) A person exercising functions under this Law must, when 18 exercising the functions, act honestly and with integrity. 19 (2) A person exercising functions under this Law must exercise 20 the person's functions under this Law-- 21 (a) in good faith; and 22 (b) with a reasonable degree of care, diligence and skill. 23 (3) A person exercising functions under this Law must not make 24 improper use of the person's position or of information that 25 comes to the person's knowledge in the course of, or because 26 of, the person's exercise of the functions-- 27 (a) to gain an advantage for himself or herself or another 28 person; or 29 (b) to cause a detriment to the implementation or operation 30 of this Law. 31 Page 630

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Maximum penalty for the purposes of subsection 1 (3)--$10000. 2 698 Protection from personal liability for persons exercising 3 Regulator's or Board's functions under this Law 4 (1) A person who is or was a protected person does not incur civil 5 liability personally for anything done or omitted to be done in 6 good faith-- 7 (a) in the exercise of a function of the Regulator or the 8 Board under this Law; or 9 (b) in the reasonable belief that the act or omission was the 10 exercise of a function of the Regulator or the Board 11 under this Law. 12 (2) Any liability resulting from an act or omission that would, but 13 for the purposes of subsection (1), attach to a protected person 14 attaches instead to the Regulator. 15 (3) In this section-- 16 protected person means an individual who is any of the 17 following-- 18 (a) a member of the Board; 19 (b) a member of a committee of the Board; 20 (c) a member of the staff of the Regulator; 21 (d) an authorised officer; 22 (e) a person to whom the Regulator has delegated any of its 23 functions or to whom functions delegated by the 24 Regulator have been subdelegated; 25 (f) a person acting under the direction or authority of a 26 person mentioned in paragraphs (a) to (e), including, for 27 example, a person helping an authorised officer or an 28 assistant mentioned in section 518, 519 or 523; 29 (g) a person-- 30 (i) who constitutes a body corporate that exercises 31 functions of the Regulator under this Law; and 32 Page 631

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (ii) who is, or is of a class, prescribed by the national 1 regulations; 2 (h) any other person exercising functions of the Regulator 3 under this Law. 4 Chapter 13 General 5 Part 13.1 General offences 6 Division 1 Offence about discrimination or 7 victimisation 8 699 Discrimination against or victimisation of employees 9 (1) An employer must not dismiss an employee, or otherwise 10 prejudice an employee in the employee's employment, for the 11 reason that the employee-- 12 (a) has helped or given information to a public authority or 13 law enforcement agency in relation to a contravention or 14 alleged contravention of this Law; or 15 (b) has made a complaint about a contravention or alleged 16 contravention of this Law to an employer, former 17 employer, fellow employee, former fellow employee, 18 union or public authority or law enforcement agency. 19 Examples of prejudicial conduct in relation to an employee's 20 employment-- 21 � demotion of the employee 22 � unwarranted transfer of the employee 23 � reducing the employee's terms of employment 24 Maximum penalty--$10000. 25 (2) An employer must not fail to offer employment to a 26 prospective employee, or in offering employment to a 27 Page 632

Heavy Vehicle National Law Amendment Bill 2012 [s 12] prospective employee treat the prospective employee less 1 favourably than another prospective employee would be 2 treated in similar circumstances, for the reason that the 3 prospective employee-- 4 (a) has helped or given information to a public authority or 5 law enforcement agency in relation to a contravention or 6 alleged contravention of this Law; or 7 (b) has made a complaint about a contravention or alleged 8 contravention of this Law to an employer, former 9 employer, fellow employee, former fellow employee, 10 union or public authority or law enforcement agency. 11 Maximum penalty--$10000. 12 (3) In a proceeding for an offence against subsection (1) or (2), if 13 all the facts constituting the offence other than the reason for 14 the defendant's action are proved, the defendant has the onus 15 of proving that the defendant's action was not for the reason 16 alleged in the charge for the offence. 17 (4) In this section-- 18 employee includes an individual who works under a contract 19 for services. 20 employer, of a prospective employee, includes a prospective 21 employer of the employee. 22 700 Order for damages or reinstatement 23 (1) This section applies if a court convicts an employer of an 24 offence against section 699 in relation to an employee or 25 prospective employee. 26 (2) In addition to imposing a penalty, the court may make 1 or 27 more of the following orders-- 28 (a) an order that the employer pay, within a stated period, 29 the employee or prospective employee the damages the 30 court considers appropriate to compensate the employee 31 or prospective employee; 32 (b) for an employee--an order that the employee be 33 reinstated or re-employed in the employee's former 34 Page 633

Heavy Vehicle National Law Amendment Bill 2012 [s 12] position or, if that position is not available, in a similar 1 position; 2 (c) for a prospective employee--an order that the 3 prospective employee be employed in the position for 4 which the prospective employee applied or, if that 5 position is not available, in a similar position. 6 (3) An order for damages under subsection (2)(a)-- 7 (a) can not be for an amount exceeding the monetary 8 jurisdictional limit of the court in civil proceedings; and 9 (b) is taken to be, and is enforceable as, a judgment of the 10 court sitting in civil proceedings. 11 (4) A person against whom an order is made under subsection 12 (2)(b) or (c) must comply with the order. 13 Maximum penalty--$10000. 14 (5) In this section-- 15 employee includes an individual who works under a contract 16 for services. 17 employer, of a prospective employee, includes a prospective 18 employer of the employee. 19 Division 2 Offences about false or misleading 20 information 21 701 False or misleading statements 22 (1) A person commits an offence if the person makes a statement 23 to an official that the person knows is false or misleading in a 24 material particular. 25 Maximum penalty--$10000. 26 (2) A person commits an offence if the person-- 27 (a) makes a statement to an official that is false or 28 misleading in a material particular; and 29 Page 634

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (b) is reckless as to whether the statement is false or 1 misleading in a material particular. 2 Maximum penalty--$8000. 3 (3) Subsections (1) and (2) apply even if the statement was not 4 given in response to, or in purported compliance with, a 5 direction or requirement under this Law. 6 (4) In a proceeding for an offence against subsection (1) or (2), it 7 is enough for a charge to state that the statement made was 8 `false or misleading', without specifying whether it was false 9 or whether it was misleading. 10 (5) In this section-- 11 official includes-- 12 (a) TCA exercising a function under Chapter 7; and 13 (b) a person exercising a function under this Law under the 14 direction or authority of an official. 15 702 False or misleading documents 16 (1) A person commits an offence if the person gives an official a 17 document containing information the person knows is false or 18 misleading in a material particular. 19 Maximum penalty--$10000. 20 (2) Subsection (1) does not apply if the person, when giving the 21 document-- 22 (a) tells the official how information contained in the 23 document is false or misleading; and 24 (b) if the person has the correct information--gives the 25 correct information. 26 (3) A person commits an offence if the person-- 27 (a) gives an official a document containing information that 28 is false or misleading in a material particular; and 29 (b) is reckless as to whether information contained in the 30 document is false or misleading in a material particular. 31 Maximum penalty--$8000. 32 Page 635

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (4) Subsections (1) and (3) apply even if the document was not 1 given in response to, or in purported compliance with, a 2 direction or requirement under this Law. 3 (5) In a proceeding for an offence against subsection (1) or (3), it 4 is enough for a charge to state that the information was `false 5 or misleading', without specifying whether it was false or 6 whether it was misleading. 7 (6) In this section-- 8 official includes-- 9 (a) TCA exercising a function under Chapter 7; and 10 (b) a person exercising a function under this Law under the 11 direction or authority of an official. 12 703 False or misleading information given by responsible 13 person to another responsible person 14 (1) A responsible person for a heavy vehicle (the information 15 giver) must not give another responsible person for a heavy 16 vehicle (the affected person) information the information 17 giver knows, or ought reasonably to know, is false or 18 misleading in a material particular. 19 Maximum penalty--$10000. 20 Note-- 21 See section 632 for the matters a court may consider when deciding 22 whether a person ought reasonably to have known something. 23 (2) A responsible person for a heavy vehicle (also the 24 information giver) must not give another responsible person 25 for a heavy vehicle (the affected person) information that is 26 false or misleading in a material particular if the information 27 giver does so recklessly as to whether the information is false 28 or misleading in the material particular. 29 Maximum penalty--$8000. 30 (3) Subsections (1) and (2) do not apply if the affected person 31 knew, or ought reasonably to have known, that the 32 information was false or misleading in the material particular. 33 Page 636

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (4) Subsection (1) or (2) does not apply if the information giver 1 gives the information in writing and, when giving the 2 information-- 3 (a) tells the affected person how it is false or misleading; 4 and 5 (b) if the information giver has the correct 6 information--gives the correct information in writing. 7 (5) Subsection (1) or (2) applies even if the information was not 8 given in response to, or in purported compliance with, a 9 direction or requirement under this Law. 10 (6) In a proceeding for an offence against subsection (1) or (2)-- 11 (a) it is enough for a charge to state that the statement made 12 was `false or misleading', without specifying whether it 13 was false or whether it was misleading; and 14 (b) it is enough for a charge to state that the information 15 given was false or misleading to the information giver's 16 knowledge, without specifying whether the information 17 giver knew or ought reasonably to have known the 18 information was false or misleading. 19 (7) In this section-- 20 information means information in any form, whether or not in 21 writing. 22 material particular means a particular relating to an element 23 of an offence against this Law that is or could be committed 24 by a person mentioned in paragraph (a) or (b) if the person 25 relies, or were to rely, on the particular-- 26 (a) the responsible person for a heavy vehicle to whom the 27 information is given; 28 (b) any other responsible person for a heavy vehicle who, at 29 any time, is given the false or misleading information. 30 704 Offence to falsely represent that heavy vehicle authority 31 is held etc. 32 (1) A person must not represent-- 33 Page 637

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) that the person has been granted a heavy vehicle 1 authority the person has not been granted; or 2 (b) that the person is operating under a heavy vehicle 3 authority that the person is not entitled to operate under. 4 Maximum penalty--$10000. 5 (2) A person must not represent that the person is operating under 6 a heavy vehicle authority if the authority is no longer in force. 7 Maximum penalty--$10000. 8 (3) A person must not possess a document that falsely purports to 9 be-- 10 (a) an accreditation certificate for a heavy vehicle 11 accreditation; or 12 (b) a document mentioned in section 468(1)(b) or (c); or 13 (c) a document evidencing the grant of an exemption, 14 authorisation, permit or other authority under this Law; 15 or 16 Examples-- 17 a Commonwealth Gazette notice, a permit 18 (d) a copy of a document mentioned in paragraph (a), (b) or 19 (c). 20 Maximum penalty--$10000. 21 (4) In this section-- 22 heavy vehicle authority means-- 23 (a) a heavy vehicle accreditation; or 24 (b) an exemption, authorisation, permit or other authority 25 under this Law. 26 Page 638

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Part 13.2 Industry codes of practice 1 705 Guidelines for industry codes of practice 2 (1) The Regulator may make guidelines about the preparation and 3 content of an industry code of practice that may be registered 4 under this Law. 5 (2) Without limiting subsection (1), the guidelines may provide 6 that an industry code of practice registered under this Law 7 must provide for the review of the code of practice. 8 (3) The Regulator must-- 9 (a) keep a copy of the guidelines available for inspection by 10 the public, during office hours on business days, at the 11 Regulator's head office; and 12 (b) publish a copy of the guidelines on the Regulator's 13 website. 14 706 Registration of industry codes of practice 15 (1) The Regulator may register an industry code of practice for 16 the purposes of this Law prepared in accordance with 17 guidelines in force under section 705. 18 (2) The registration must be subject to the following conditions 19 imposed by the Regulator-- 20 (a) that the industry code of practice must be reviewed after 21 a stated period; 22 (b) that a stated person, or a person of a stated class, must 23 be appointed to maintain the industry code of practice 24 and ensure it is updated following changes to best 25 practice methods for the industry to which it relates; 26 (c) that the industry code of practice must be updated 27 following changes to the guidelines for the preparation 28 and content of the industry code of practice in force 29 under section 705. 30 (3) The registration may be subject to other conditions the 31 Regulator considers appropriate. 32 Page 639

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (4) Subsection (5) applies if-- 1 (a) a condition applying to the registration of an industry 2 code of practice is contravened; or 3 (b) the guidelines in force under section 705 about the 4 preparation and content of an industry code of practice 5 are changed and a registered industry code of practice 6 does not comply with the guidelines as amended. 7 (5) The Regulator may-- 8 (a) amend the conditions of the registration, including by 9 adding new conditions; or 10 Example of a condition for the purposes of paragraph (a)-- 11 that the registered industry code of practice be amended in a 12 stated way to reflect a change to the guidelines for the 13 preparation and content of the code of practice in force under 14 section 705 15 (b) cancel the registration. 16 (6) Conditions mentioned in subsection (2) can be amended under 17 subsection (5) so long as the amended conditions conform 18 with subsection (2), but cannot otherwise be amended. 19 (7) The Regulator incurs no liability for loss or damage suffered 20 by a person because the person relied on a registered industry 21 code of practice. 22 Part 13.3 Legal proceedings 23 Division 1 Proceedings 24 707 Proceedings for offences 25 (1) A proceeding for an offence against this Law is to be by way 26 of a summary proceeding before a court of summary 27 jurisdiction. 28 Page 640

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (2) The proceeding must start within the later of the following 1 periods to end-- 2 (a) 2 years after the commission of the offence; 3 (b) 1 year after the offence comes to the complainant's 4 knowledge, but within 3 years after the commission of 5 the offence. 6 (3) A statement in a complaint for an offence against this Law 7 that the matter of the complaint came to the knowledge of the 8 complainant on a stated day is evidence of when the matter 9 came to the complainant's knowledge. 10 (4) In this section-- 11 complaint means a complaint, notice, charge or other process 12 by which a proceeding for an offence is started. 13 Division 2 Evidence 14 708 Proof of appointments unnecessary 15 For the purposes of this Law, it is not necessary to prove the 16 appointment of the following persons-- 17 (a) an official; 18 (b) a police commissioner. 19 709 Proof of signatures unnecessary 20 For the purposes of this Law, a signature purporting to be the 21 signature of 1 of the following persons is evidence of the 22 signature it purports to be-- 23 (a) an official; 24 (b) a police commissioner. 25 Page 641

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 710 Averments 1 (1) In a proceeding for an offence against this Law, a statement in 2 the complaint for the offence that, at a stated time or during a 3 stated period-- 4 (a) a stated vehicle or a stated combination was a heavy 5 vehicle; or 6 (b) a stated vehicle or a stated combination was of a stated 7 category of heavy vehicle; or 8 (c) a stated person was the registered operator of a stated 9 heavy vehicle; or 10 (d) a stated person held a permit for a mass or dimension 11 authority, a heavy vehicle accreditation or another 12 authority under this Law; or 13 (e) a stated location was, or was a part of, a road or 14 road-related area; or 15 (f) a stated location was, under a stated provision of this 16 Law or another stated law, subject to a stated 17 prohibition, restriction or other requirement about the 18 use of heavy vehicles or stated categories of heavy 19 vehicles; 20 is evidence of the matter. 21 (2) In a proceeding for an offence against this Law, a statement or 22 allegation in the complaint for the offence that the act or 23 omission constituting the alleged offence was done or made in 24 a stated place, at a stated time, on a stated date or during a 25 stated period, is evidence of the matter. 26 (3) In this section-- 27 complaint means a complaint, notice, charge or other process 28 by which a proceeding for an offence is started. 29 711 Evidence by certificate by Regulator generally 30 (1) A certificate purporting to be issued by the Regulator and 31 stating that, at a stated time or during a stated period-- 32 Page 642

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) a stated vehicle was or was not registered under this 1 Law; or 2 (b) a stated vehicle was or was not registered under this 3 Law on the basis it is a heavy vehicle; or 4 (c) a stated vehicle registered under this Law was or was 5 not registered as a heavy vehicle of a stated category; or 6 (d) a stated person was or was not the registered operator of 7 a stated vehicle registered under this Law; or 8 (e) a stated person held or did not hold a heavy vehicle 9 accreditation granted under this Law; or 10 (f) a stated exemption or authorisation under this Law 11 applied or did not apply to a stated person or a stated 12 heavy vehicle; or 13 (g) a stated person is the holder of a stated permit or other 14 authority under this Law; or 15 (h) a stated registration, heavy vehicle accreditation, 16 exemption, authorisation, permit or other authority 17 under this Law was or was not amended, suspended or 18 cancelled under this Law; or 19 (i) a stated penalty, fee, charge or other amount was or was 20 not, or is or is not, payable under this Law by a stated 21 person; or 22 (j) a stated fee, charge or other amount payable under this 23 Law was or was not paid to the Regulator; or 24 (k) a stated person has or has not notified the Regulator of 25 any, or a stated, change of the person's address; or 26 (l) a stated identification card (however called) was issued 27 by the Regulator to a stated person and was or was not 28 current; or 29 (m) a stated authorised officer (other than an authorised 30 officer who is a police officer) was authorised to 31 exercise a stated power under this Law and-- 32 (i) was not restricted in the exercise of the power by 33 the officer's conditions of appointment or a 34 direction of the Regulator; or 35 Page 643

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (ii) was not restricted in a stated way in the exercise of 1 the power by the officer's conditions of 2 appointment or a direction of the Regulator; or 3 (n) a stated industry code of practice was or was not 4 registered under section 706; or 5 (o) a stated road or road-related area, or a stated part of a 6 road or road-related area, was in an area or on a route 7 declared under a stated provision of this Law or the 8 national regulations; or 9 (p) a stated heavy vehicle, or a stated component of a stated 10 heavy vehicle, was weighed by or in the presence of a 11 stated authorised officer on a stated weighbridge or 12 weighing facility or by the use of a stated weighing 13 device, and that a stated mass was the mass of the 14 vehicle or component; or 15 (q) a stated mathematical or statistical procedure was 16 carried out in relation to stated information generated, 17 recorded, stored, displayed, analysed, transmitted or 18 reported by an approved intelligent transport system and 19 the results of the procedure being carried out; 20 is evidence of the matter. 21 (2) A procedure specified in a certificate under subsection (1)(q) 22 is presumed, unless the contrary is proved-- 23 (a) to be valid and reliable for the purpose for which it was 24 used; and 25 (b) to have been carried out correctly. 26 712 Evidence by certificate by road authority 27 A certificate purporting to be issued by a road authority and 28 stating that, at a stated time or during a stated period-- 29 (a) a stated vehicle was or was not registered or licensed 30 under a law administered by the authority; or 31 (b) a stated person was the person in whose name a stated 32 vehicle was registered or licensed under a law 33 administered by the authority; or 34 Page 644

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (c) a stated vehicle was not registered or licensed under a 1 law administered by the authority in a stated person's 2 name; or 3 (d) a stated location-- 4 (i) was, or was part of, a road or road-related area; or 5 (ii) was not a road or road-related area or part of a road 6 or road-related area; or 7 (e) a stated location was or was not, under a stated law of a 8 stated participating jurisdiction, subject to a stated 9 prohibition, restriction or other requirement about the 10 use of heavy vehicles or stated categories of heavy 11 vehicles; 12 is evidence of the matter. 13 713 Evidence by certificate by Regulator about matters stated 14 in or worked out from records 15 (1) A certificate purporting to be issued by the Regulator and 16 stating any of the following matters is evidence of the 17 matter-- 18 (a) a stated matter appears in a stated record kept by the 19 Regulator for the administration or enforcement of this 20 Law; 21 (b) a stated matter appears in a stated record accessed by the 22 Regulator for the administration or enforcement of this 23 Law. 24 (2) A certificate purporting to be issued by the Regulator and 25 stating that a matter that has been worked out from either of 26 the following is evidence of the matter-- 27 (a) a stated record kept by the Regulator for the 28 administration or enforcement of this Law; 29 (b) a stated record accessed by the Regulator for the 30 administration or enforcement of this Law. 31 (3) This section does not limit section 711. 32 Page 645

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 714 Evidence by certificate by authorised officer about 1 instruments 2 (1) A certificate purporting to be issued by an authorised officer 3 and stating that, on a stated day or at a stated time on a stated 4 day, a stated instrument-- 5 (a) was in a proper condition; or 6 (b) had a stated level of accuracy; 7 is evidence of those matters on the stated day or at the stated 8 time. 9 (2) Evidence of the condition of the instrument, or the way in 10 which it was operated, is not required unless evidence that the 11 instrument was not in proper condition or was not properly 12 operated has been given. 13 (3) A defendant in a proceeding for an offence against this Law 14 who intends to challenge the condition of an instrument, or 15 the way in which it was operated, must give the complainant 16 notice of the intention to challenge. 17 (4) The notice must be-- 18 (a) signed by the defendant; and 19 (b) given at least 14 days before the day fixed for the 20 hearing of the charge. 21 (5) In this section-- 22 instrument means-- 23 (a) a weighing device; or 24 (b) an intelligent transport system. 25 715 Challenging evidence by certificate 26 (1) A defendant in a proceeding for an offence against this Law 27 who intends to challenge a matter stated in a certificate 28 mentioned in section 711, 712, 713 or 714(1) must give the 29 complainant notice of the intention to challenge. 30 (2) The notice must be-- 31 (a) signed by the defendant; and 32 Page 646

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (b) given at least 14 days before the day fixed for the 1 hearing of the charge. 2 (3) If the matter intended to be challenged is the accuracy of a 3 measurement, an analysis or a reading from a device, the 4 notice must state-- 5 (a) the basis on which the defendant intends to challenge 6 the accuracy of the measurement, analysis or reading; 7 and 8 (b) the measurement, analysis or reading the defendant 9 considers to be the correct measurement, analysis or 10 reading. 11 (4) A defendant in a proceeding for an offence against this Law 12 can not challenge a matter stated in a certificate mentioned in 13 section 711, 712, 713 or 714(1) unless-- 14 (a) the defendant has complied with this section; or 15 (b) the court gives leave to the defendant to challenge the 16 matter, in the interests of justice. 17 (5) This section applies only if the defendant is given a copy of 18 the certificate at least 28 days before the appointed date for 19 the hearing of the charge. 20 716 Evidence by record about mass 21 A record of the mass of a heavy vehicle, or a component of a 22 heavy vehicle, purporting to be made by the operator of a 23 weighbridge or weighing facility at which the vehicle or 24 component was weighed, or by the operator's employee-- 25 (a) is admissible in a proceeding under this Law; and 26 (b) is evidence of the mass of the vehicle or component at 27 the time it was weighed. 28 717 Manufacturer's statements 29 (1) A written statement of the recommended maximum loaded 30 mass (mass rating) for a heavy vehicle, or a component of a 31 heavy vehicle, purporting to be made by the manufacturer of 32 Page 647

Heavy Vehicle National Law Amendment Bill 2012 [s 12] the vehicle or component is admissible in a proceeding under 1 this Law and is evidence-- 2 (a) of the mass rating; and 3 (b) of any conditions, stated in the statement, to which the 4 mass rating is subject; and 5 (c) that the statement was made by the manufacturer. 6 (2) A written statement of the strength or performance rating of 7 equipment used to restrain a load and designed for use on a 8 heavy vehicle, or on a component of a heavy vehicle, 9 purporting to be made by the manufacturer of the equipment 10 is admissible in a proceeding under this Law and is 11 evidence-- 12 (a) that the equipment was designed for the use; and 13 (b) of the strength or performance rating of the equipment; 14 and 15 (c) of any conditions, stated in the statement, to which the 16 rating is subject; and 17 (d) that the statement was made by the manufacturer. 18 Example of equipment used to restrain a load-- 19 a chain or strap 20 718 Measurement of weight on tyre 21 (1) A mark or print on a tyre purporting to be the maximum load 22 capacity decided by the manufacturer of the tyre is evidence 23 of the maximum load capacity for the tyre at cold inflation 24 pressure decided by the manufacturer. 25 (2) If it is impracticable to work out the mass on each tyre in an 26 axle or axle group, the mass on the axle or axle group divided 27 by the number of tyres in the axle or axle group is taken to be 28 the mass on the tyre in the absence of evidence to the contrary. 29 Page 648

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 719 Transport and journey documentation 1 (1) Transport documentation and journey documentation are 2 admissible in a proceeding under this Law and are evidence 3 of-- 4 (a) the identity and status of the parties to the transaction to 5 which the documentation relates; and 6 (b) the destination or intended destination of the load to 7 which the documentation relates; and 8 (c) either or both the date on which and the time at which-- 9 (i) any document in the documentation was created; 10 or 11 (ii) any transaction mentioned in the documentation 12 was effected or carried out; or 13 (iii) any journey mentioned in the documentation was 14 started, carried out or finished; or 15 (iv) any other matter mentioned in the documentation 16 was effected, started, carried out or finished; and 17 (d) the location of any person, heavy vehicle, goods or other 18 matter or thing mentioned in the documentation; and 19 (e) the date and time at which any person, heavy vehicle, 20 goods or other matter or thing mentioned in the 21 documentation was present at a particular place. 22 (2) In this section-- 23 status, of the parties to a transaction, includes the status of 24 each of the parties as a responsible person for the heavy 25 vehicle used or intended to be used for transporting the goods 26 the subject of the transaction. 27 720 Evidence not affected by nature of vehicle 28 Evidence obtained in relation to a vehicle because of the 29 exercise of a power under this Law in the belief or suspicion 30 that the vehicle is a heavy vehicle is not affected merely 31 because the vehicle is not a heavy vehicle. 32 Page 649

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 721 Certificates of TCA 1 (1) A certificate purporting to be signed by a person on behalf of 2 TCA stating any of the following matters is evidence of the 3 matter-- 4 (a) a stated intelligent transport system was or was not an 5 approved intelligent transport system on a stated date or 6 during a stated period; 7 (b) a stated person was or was not an intelligent access 8 service provider on a stated date or during a stated 9 period; 10 (c) a stated person was or was not an intelligent access 11 auditor on a stated date or during a stated period. 12 (2) A person who purportedly signs a certificate of a type 13 mentioned in subsection (1) on behalf of TCA is presumed, 14 unless the contrary is proved, to have been authorised by TCA 15 to sign the certificate on TCA's behalf. 16 722 Approved intelligent transport system 17 (1) An approved intelligent transport system, including all the 18 equipment and software that makes up the system, is 19 presumed, unless the contrary is proved, to have operated 20 properly on any particular occasion. 21 (2) Without limiting subsection (1), information generated, 22 recorded, stored, displayed, analysed, transmitted and 23 reported by an approved intelligent transport system is 24 presumed, unless the contrary is proved, to have been 25 correctly generated, recorded, stored, displayed, analysed, 26 transmitted and reported by the system. 27 (3) Without limiting subsection (1) or (2), information generated 28 by an approved intelligent transport system is presumed, 29 unless the contrary is proved, not to have been changed by 30 being recorded, stored, displayed, analysed, transmitted or 31 reported by the system. 32 (4) If in a proceeding it is established by contrary evidence that 33 particular information recorded or stored by an approved 34 intelligent transport system is not a correct representation of 35 Page 650

Heavy Vehicle National Law Amendment Bill 2012 [s 12] the information generated by the system, the presumption 1 mentioned in subsection (3) continues to apply to the 2 remaining information recorded or stored by the system 3 despite that contrary evidence. 4 (5) If a defendant in a proceeding for an offence against this Law 5 intends to challenge any of the following matters, the 6 defendant must give the complainant notice of the intention to 7 challenge-- 8 (a) that an approved intelligent transport system has 9 operated properly; 10 (b) that information generated, recorded, stored, displayed, 11 analysed, transmitted or reported by an approved 12 intelligent transport system has been correctly 13 generated, recorded, stored, displayed, analysed, 14 transmitted or reported by the system; 15 (c) that information generated by an approved intelligent 16 transport system has not been changed by being 17 recorded, stored, displayed, analysed, transmitted or 18 reported by the system. 19 (6) The notice must-- 20 (a) be signed by the defendant; and 21 (b) state the grounds on which the defendant intends to rely 22 to challenge a matter mentioned in subsection (5)(a), (b) 23 or (c); and 24 (c) be given at least 14 days before the day fixed for the 25 hearing of the charge. 26 (7) This section does not limit section 714. 27 723 Evidence as to intelligent access map 28 (1) A certificate purporting to be signed by a person on behalf of 29 TCA stating that a particular map was or was not the 30 intelligent access map as issued by TCA on a stated date or 31 during a stated period is conclusive evidence of the matter 32 stated in the certificate. 33 Page 651

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (2) The intelligent access map, as issued by TCA at a particular 1 time, is presumed, unless evidence sufficient to raise doubt 2 about the presumption is adduced, to be a correct 3 representation of the national road network at the time of its 4 issue. 5 (3) A person who purportedly signs a certificate of the kind 6 referred to in subsection (1) on behalf of TCA is presumed, 7 unless evidence sufficient to raise doubt about the 8 presumption is adduced, to have been authorised by TCA to 9 sign the certificate on TCA's behalf. 10 724 Reports and statements made by approved intelligent 11 transport system 12 (1) A report purporting to be made by an approved intelligent 13 transport system-- 14 (a) is presumed, unless the contrary is proved-- 15 (i) to have been properly made by the system; and 16 (ii) to be a correct representation of the information 17 generated, recorded, stored, displayed, analysed, 18 transmitted and reported by the system; and 19 (b) is admissible in a proceeding under this Law; and 20 (c) is evidence of the matters stated in it. 21 (2) However, subsection (1)(c) does not apply to information 22 stated in a report made by an approved intelligent transport 23 system that has been manually entered into the system by an 24 operator or driver of a heavy vehicle. 25 Example-- 26 If the driver of a heavy vehicle enters the mass of the vehicle into the 27 intelligent transport system, the information about the mass of the 28 vehicle stated in a report made by the system is not evidence of the mass 29 of the vehicle. 30 (3) Also, if in a proceeding it is established by contrary evidence 31 that part of a report made by an approved intelligent transport 32 system is not a correct representation of particular information 33 generated, recorded, stored, displayed, analysed, transmitted 34 or reported by the system, the presumption mentioned in 35 Page 652

Heavy Vehicle National Law Amendment Bill 2012 [s 12] subsection (1)(a) continues to apply to the remaining parts of 1 the report despite that contrary evidence. 2 (4) If a defendant in a proceeding for an offence against this Law 3 intends to challenge any of the following matters, the 4 defendant must give the complainant notice of the intention to 5 challenge-- 6 (a) that a report made by an approved intelligent transport 7 system has been properly made; 8 (b) that a report made by an approved intelligent transport 9 system is a correct representation of the information 10 generated, recorded, stored, displayed, analysed, 11 transmitted and reported by the system; 12 (c) the correctness of a statement of a vehicle's position on 13 the surface of the earth at a particular time that is made 14 by an approved intelligent transport system. 15 (5) The notice must-- 16 (a) be signed by the defendant; and 17 (b) state the grounds on which the defendant intends to rely 18 to challenge the matter mentioned in subsection (4)(a), 19 (b) or (c); and 20 (c) be given at least 14 days before the day fixed for the 21 hearing of the charge. 22 (6) This section does not limit section 714. 23 725 Documents produced by an approved electronic 24 recording system 25 (1) This section applies to an approved electronic recording 26 system constituting an electronic work diary or of which an 27 electronic work diary is a part. 28 (2) A document purporting to be made by the approved electronic 29 recording system-- 30 (a) is admissible in a proceeding under this Law relating to 31 a fatigue-regulated heavy vehicle; and 32 (b) is evidence of the matters stated in it. 33 Page 653

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 726 Statement by person involved with use or maintenance of 1 approved electronic recording system 2 (1) This section applies to an approved electronic recording 3 system constituting an electronic work diary or of which an 4 electronic work diary is a part. 5 (2) A written statement about how the approved electronic 6 recording system has been used or maintained, and purporting 7 to be made by the person purporting to be involved in the use 8 or maintenance-- 9 (a) is admissible in a proceeding under this Law relating to 10 a fatigue-regulated heavy vehicle; and 11 (b) is evidence of the matters included in the statement. 12 Examples of statements-- 13 � a statement made by the driver of a fatigue-regulated heavy vehicle 14 who uses an electronic work diary about how the driver operated 15 the work diary 16 � a statement made by an owner of an approved electronic recording 17 system about how the owner has maintained the system 18 � a statement made by the record keeper (within the meaning given 19 by section 317) of the driver of a fatigue-regulated heavy vehicle 20 who uses an electronic work diary about how information was 21 transmitted from the electronic work diary to the record keeper 22 Part 13.4 Protected information 23 727 Definitions for Pt 13.4 24 (1) In this Part-- 25 authorised use, for protected information, means-- 26 (a) use by a person-- 27 (i) in the exercise of a function under this Law; or 28 (ii) where use of the information is required or 29 authorised under this Law (whether explicitly or by 30 implication); or 31 Page 654

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (b) use by a public authority or law enforcement agency-- 1 (i) for the administration or enforcement of a law or 2 the exercise of another function of the authority or 3 agency, including, for example, investigating a 4 contravention or suspected contravention of a law; 5 or 6 (ii) if a law authorises, requires or permits the 7 disclosure of the information to, and the use of the 8 information by, the authority or agency; or 9 (c) use by a court or tribunal in a proceeding under an 10 Australian road law; or 11 (d) use by a court or tribunal if an order of the court or 12 tribunal requires the disclosure of the information to the 13 court or tribunal; or 14 (e) an activity associated with preventing or minimising-- 15 (i) a risk of danger to the life of a person; or 16 (ii) a risk of serious harm to the health of a person; or 17 (iii) a risk to public safety; or 18 (f) a use authorised by the person to whom the information 19 relates; or 20 (g) research purposes if the information contains no 21 personal information; or 22 (h) use by an entity (whether public or private) in 23 connection with road tolls; or 24 (i) use by an entity (whether public or private) in 25 connection with the administration of third party 26 insurance legislation; or 27 (j) use by an entity (whether public or private) for the 28 purpose of determining the registration status of a heavy 29 vehicle; or 30 (k) a use required or authorised under a relevant law of a 31 participating jurisdiction; or 32 (l) a use prescribed by the national regulations; or 33 Page 655

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (m) a use referred to in subsection (2). 1 police agency means a police force or police service (however 2 called) of a participating jurisdiction, and includes an entity 3 prescribed by the Application Act of this jurisdiction as an 4 entity included in this definition. 5 protected information-- 6 (a) means information obtained in the course of 7 administering this Law or because of an opportunity 8 provided by involvement in administering this Law; but 9 (b) does not include-- 10 (i) intelligent access information; or 11 Note-- 12 See Chapter 7 for the restrictions on the use and disclosure 13 of intelligent access information. 14 (ii) information mentioned in paragraph (a) in a form 15 that does not identify a person; or 16 (iii) information relating to proceedings before a 17 relevant tribunal or court that are or were open to 18 the public. 19 relevant law, of a participating jurisdiction, means a law 20 specified for this definition in a law of the jurisdiction. 21 (2) It is also an authorised use of protected information disclosed 22 to or otherwise held by a police agency for any purpose or for 23 a particular purpose to disclose the information to another 24 police agency authorised to hold protected information 25 (whether or not for the same purpose). 26 (3) To remove any doubt, it is declared that a reference in this Part 27 to the disclosure of protected information to an entity includes 28 a reference to the disclosure of the information to a duly 29 authorised employee or agent of the entity. 30 Page 656

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 728 Duty of confidentiality 1 (1) A person who is, or has been, a person exercising functions 2 under this Law must not disclose protected information to 3 another person. 4 Maximum penalty--$20000. 5 (2) However, subsection (1) does not apply to the Regulator-- 6 (a) disclosing protected information in the form of a 7 confirmation that a stated person is the registered 8 operator of a stated heavy vehicle; or 9 (b) disclosing details of heavy vehicles registered in a 10 person's name to an executor or administrator of that 11 person's deceased estate. 12 (3) Also, subsection (1) does not apply if-- 13 (a) the disclosure is to an entity for an authorised use; or 14 (b) the disclosure is to, or made with the agreement of, the 15 person to whom the information relates. 16 729 Protected information only to be used for authorised use 17 (1) A person who is, or has been, a person exercising functions 18 under this Law must not use protected information other than 19 for an authorised use. 20 Maximum penalty--$20000. 21 (2) However, subsection (1) does not apply to the Regulator using 22 protected information for making a disclosure mentioned in 23 section 728(2). 24 (3) A person to whom protected information is disclosed under 25 section 728(3)(a) must not use the protected information other 26 than for the authorised use for which it was disclosed to the 27 person. 28 Maximum penalty--$20000. 29 Page 657

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Part 13.5 National regulations 1 730 National regulations 2 (1) For the purposes of this section, the designated authority is the 3 Queensland Governor acting with the advice of the Executive 4 Council of Queensland and on the unanimous 5 recommendation of the responsible Ministers. 6 (2) The designated authority may make regulations for the 7 purposes of this Law. 8 (3) The regulations may provide for-- 9 (a) any matter a provision of this Law states may be 10 provided for in the regulations; and 11 (b) the imposition of a maximum fine for a contravention of 12 a provision of the regulations of not more than-- 13 (i) for a contravention by an individual--$4000; or 14 (ii) in any other case--$20000; and 15 (c) any other matter that is necessary or convenient to be 16 prescribed for carrying out or giving effect to this Law. 17 (4) Subsection (3)(b) does not require a provision of the 18 regulations prescribing a maximum fine for an offence to 19 expressly prescribe a maximum fine for a body corporate 20 different to the maximum fine for an individual. 21 Note-- 22 See section 596 in relation to a provision of the regulations prescribing a 23 maximum fine that does not expressly prescribe a maximum fine for a 24 body corporate different to the maximum fine for an individual. 25 (5) In this section-- 26 Queensland Governor means the Governor of the State of 27 Queensland and includes-- 28 (a) a person acting under a delegation under section 40 of 29 the Constitution of Queensland 2001; and 30 Page 658

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (b) a person for the time being administering the 1 Government of Queensland under section 41 of the 2 Constitution of Queensland 2001. 3 731 National regulations for approved vehicle examiners 4 (1) Without limiting any other provision of this Law, the national 5 regulations may provide for-- 6 (a) the approval of classes of vehicle examiners to inspect 7 vehicles for the purposes of this Law; and 8 (b) the role of the Regulator in approving classes of vehicle 9 examiners and persons as vehicle examiners; and 10 (c) probity requirements for becoming and being approved 11 vehicle examiners; and 12 (d) the functions of approved vehicle examiners or classes 13 of approved vehicle examiners, including, for 14 example-- 15 (i) the examination and testing of heavy vehicles and 16 equipment; and 17 (ii) the oversight of entities involved in the inspection 18 or repair of heavy vehicles; and 19 (iii) the clearance of vehicle defect notices; and 20 (e) the premises or location where functions of approved 21 vehicle examiners are permitted to be conducted and 22 any matters relating to the premises or location where 23 those functions are conducted; and 24 (f) the facilities and equipment that approved vehicle 25 examiners are required to have in connection with the 26 exercise of their functions; and 27 (g) the terms and conditions of approval of persons as 28 vehicle examiners (including, for example, fees, 29 qualifications and responsibilities); and 30 (h) procedures for monitoring and auditing compliance 31 with-- 32 Page 659

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (i) the terms and conditions of approval of a person as 1 a vehicle examiner; and 2 (ii) the relevant provisions of this Law and any 3 applicable code of practice prescribed by the 4 national regulations; and 5 (iii) any other relevant requirements; and 6 (i) the discipline of, and disciplinary procedures applying 7 to, approved vehicle examiners and entities having 8 responsibility for their functions (including directors, 9 managers and employees), whether-- 10 (i) by way of monetary penalties, restriction on 11 functions, imposition of conditions, variation of 12 terms of appointment, suspension of appointment, 13 cancellation of appointment; or 14 (ii) in some other way. 15 (2) The national regulations may make provision with respect to 16 vehicle examiners (however described) appointed or 17 authorised under a law of any participating jurisdiction and 18 entities having responsibility for their functions (including 19 directors, managers and employees), including processes 20 relating to discipline and disciplinary procedures applying to 21 them. 22 732 National regulations for publication of agreements for 23 services to States or Territories 24 Without limiting any other provision of this Law, the national 25 regulations may provide that particular matters contained in or 26 relating to agreements referred to section 658(2) are to be 27 published on the Regulator's website. 28 733 Publication of national regulations 29 (1) The national regulations are to be published on the NSW 30 legislation website in accordance with Part 6A of the 31 Interpretation Act 1987 of New South Wales. 32 Page 660

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (2) A regulation commences on the day or days specified in the 1 regulation for its commencement (being not earlier than the 2 date it is published). 3 734 Scrutiny of national regulations 4 (1) The responsible Minister for a participating jurisdiction is to 5 refer any adverse report about a national regulation from a 6 legislation scrutiny body for that jurisdiction to the 7 responsible Ministers for consideration and advice. 8 (2) The responsible Ministers are to prepare advice on the adverse 9 report and provide a report to the relevant responsible 10 Minister about the issues raised. 11 (3) The report by the responsible Ministers is to be provided to 12 the responsible Minister in sufficient time to ensure the 13 responsible Minister can provide the response to the relevant 14 scrutiny body within a period that is appropriate in the 15 circumstances. 16 (4) Subsections (1) to (3) do not affect any legislative or other 17 arrangements regarding scrutiny and disallowance in 18 jurisdictions and do not limit a responsible Minister's ability 19 to respond independently to any issues raised by a legislation 20 scrutiny body. 21 (5) In this section-- 22 legislation scrutiny body means a parliamentary committee 23 (or other parliamentary body) whose functions include the 24 scrutiny of regulations and other subordinate legislation. 25 Part 13.6 Other 26 735 Approved forms 27 (1) The Regulator may approve forms for use under this Law. 28 (2) The approval of a form must be notified on the Regulator's 29 website. 30 Page 661

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (3) Failure to comply with subsection (2) does not affect a form's 1 validity. 2 (4) The function of approving forms includes the function of 3 approving the format of forms. 4 736 Penalty at end of provision 5 In this Law, a penalty stated at the end of a provision indicates 6 that an offence mentioned in the provision is punishable on 7 conviction or, if no offence is mentioned, a contravention of 8 the provision constitutes an offence against the provision that 9 is punishable on conviction, by a penalty not more than the 10 stated penalty. 11 Note-- 12 See also section 596 in relation to maximum fines for bodies corporate. 13 737 Increase of penalty amounts 14 (1) This section applies to the penalty stated at the end of a 15 provision for an offence (including a penalty whose amount 16 has already been increased by a previous application or 17 applications of this section). 18 (2) At the start of 1 July of each year, beginning with 1 July 2014, 19 the amount of each penalty is increased, from the amount that 20 applied immediately before that 1 July, in accordance with the 21 method prescribed by the national regulations for the purposes 22 of this section. 23 Note-- 24 In some circumstances, the operation of the method can result in no 25 increases occurring on a particular 1 July. 26 (3) A recommendation of the responsible Ministers for national 27 regulations prescribing a method for the increase of penalties 28 can not be made unless the responsible Ministers are satisfied 29 that the method generally accords with increases in relevant 30 inflation indexes or similar indexes. 31 Page 662

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (4) As soon as practicable but before 1 July of each year, the 1 Regulator must publish on the Regulator's website the 2 amounts of each penalty applying as from that date. 3 738 Service of documents 4 (1) If this Law requires or permits a document to be served on a 5 person, the document may be served-- 6 (a) on an individual-- 7 (i) by delivering it to the individual personally; or 8 (ii) by leaving it at, or by sending it by post to, the 9 address of the place of residence or business of the 10 individual last known to the person serving the 11 document; or 12 (iii) by sending it by fax to a fax number notified to the 13 sender by the individual as an address at which 14 service of documents under this Law will be 15 accepted; or 16 (iv) by sending it by email to an internet address 17 notified to the sender by the individual as an 18 address at which service of documents under this 19 Law will be accepted; or 20 (b) on another person-- 21 (i) by leaving it at, or by sending it by post to, the 22 head office, a registered office or a principal office 23 of the person; or 24 (ii) by sending it by fax to a fax number notified to the 25 sender by the person as an address at which service 26 of documents under this Law will be accepted; or 27 (iii) by sending it by email to an internet address 28 notified to the sender by the person as an address at 29 which service of documents under this Law will be 30 accepted. 31 (2) Subsection (1) applies whether the expression `deliver', 32 `give', `notify', `send' or `serve' or another expression is 33 used. 34 Page 663

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (3) Subsection (1) does not affect-- 1 (a) the operation of another law that authorises the service 2 of a document otherwise than as provided in the 3 subsection; or 4 (b) the power of a court or tribunal to authorise service of a 5 document otherwise than as provided in the subsection. 6 739 Service by post 7 (1) If a document authorised or required to be served on a person 8 under this Law is served by post, service of the document-- 9 (a) may be effected by properly addressing, prepaying and 10 posting the document as a letter; and 11 (b) is taken to have been effected at the time at which the 12 letter would be delivered in the ordinary course of post, 13 unless the contrary is proved. 14 (2) Subsection (1) applies whether the expression `deliver', 15 `give', `notify', `send' or `serve' or another expression is 16 used. 17 740 Fees 18 (1) The national regulations may prescribe the fees payable for 19 the following-- 20 (a) an application under this Law (whether or not another 21 provision of this Law refers to payment of the 22 prescribed fee for the application); 23 (b) the issue of a work diary for the driver of a 24 fatigue-regulated heavy vehicle. 25 (2) The Regulator may set fees payable for the provision of a 26 service in connection with the administration of this Law 27 (other than fees mentioned in subsection (1)). 28 (3) The national regulations may provide that stated kinds of fees 29 may be set by the Regulator for inspection services, except so 30 far as those fees are provided for under another law of this 31 jurisdiction. 32 Page 664

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (4) A fee set by the Regulator under subsection (2) or (3) must be 1 an amount-- 2 (a) the Regulator considers reasonable; and 3 (b) that is no more than the reasonable cost of providing the 4 service. 5 (5) The Regulator must publish a fee set by the Regulator under 6 subsection (2) or (3)-- 7 (a) in the Commonwealth Gazette; and 8 (b) on the Regulator's website. 9 (6) The Regulator may waive payment of the whole or part of a 10 fee in circumstances, or in circumstances of a kind, prescribed 11 by the national regulations. 12 (7) If a fee is prescribed for an application or any other matter 13 under this Law, the decision-maker may decline to deal with 14 the application or proceed with the other matter until the fee is 15 paid. 16 741 Recovery of amounts payable under Law 17 (1) A fee, charge or other amount payable under this Law is a 18 debt due to the Regulator and may be recovered by action for 19 a debt in a court of competent jurisdiction. 20 (2) A fee, charge or other amount payable under this Law may 21 also be recovered in a proceeding for an offence against this 22 Law. 23 (3) An order made under subsection (2)-- 24 (a) can not be for an amount exceeding the monetary 25 jurisdictional limit of the court in civil proceedings; and 26 (b) is taken to be, and is enforceable as, a judgment of the 27 court sitting in civil proceedings. 28 742 Contracting out prohibited 29 (1) A contract is void to the extent to which it-- 30 (a) is contrary to this Law; or 31 Page 665

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (b) purports to annul, exclude, restrict or otherwise change 1 the effect of a provision of this Law; or 2 (c) purports to require the payment or reimbursement by a 3 person of all or part of a penalty that another person has 4 been ordered to pay under this Law. 5 (2) This section does not prevent the parties to a contract from 6 including provisions in the contract imposing greater or more 7 onerous obligations on an entity than are imposed by the 8 requirements of this Law. 9 (3) This section applies to contracts entered into before or after 10 the commencement of this section. 11 (4) In this section-- 12 contract means contract or other agreement. 13 743 Other powers not affected 14 (1) Unless otherwise provided in this Law, nothing in this Law 15 affects any power a court, tribunal or official has apart from 16 this Law. 17 (2) Without limiting subsection (1), nothing in this Law affects a 18 power or obligation under another law to amend, suspend, 19 cancel or otherwise deal with the registration of a heavy 20 vehicle. 21 Chapter 14 Savings and transitional 22 provisions 23 Part 14.1 Interim provisions relating to 24 Ministers and Board 25 744 Responsible Ministers 26 (1) This section applies if a jurisdiction-- 27 Page 666

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) is not a participating jurisdiction; but 1 (b) has signed the Inter-governmental Agreement on Heavy 2 Vehicle Regulatory Reform, as in force from time to 3 time, between the Commonwealth of Australia and the 4 States and Territories of Australia. 5 (2) The jurisdiction may nominate a Minister to be the 6 responsible Minister for the jurisdiction for the purposes of 7 this Law until the prescribed day for the jurisdiction. 8 (3) Until the prescribed day for the jurisdiction, the relevant 9 provisions of this Law apply as if-- 10 (a) the jurisdiction were a participating jurisdiction; and 11 (b) the Minister nominated under subsection (2) were the 12 responsible Minister for the jurisdiction for the purposes 13 of this Law. 14 (4) To remove any doubt, it is declared that this section does not 15 prevent the Minister nominated under subsection (2) being 16 nominated as the responsible Minister for the jurisdiction after 17 the participation day for the jurisdiction. 18 (5) In this section-- 19 participation day, for a participating jurisdiction, means the 20 day the jurisdiction became a participating jurisdiction. 21 prescribed day, for a jurisdiction, means the earlier of the 22 following-- 23 (a) the participation day for the jurisdiction; 24 (b) 30 June 2014. 25 relevant provisions means the provisions of this Law relating 26 to the functions of responsible Ministers under this Law other 27 than section 652. 28 745 Exercise of powers by Board between enactment and 29 commencement 30 (1) This section applies if-- 31 (a) under section 30 of Schedule 1, the Queensland 32 Minister, on the unanimous recommendation of the 33 Page 667

Heavy Vehicle National Law Amendment Bill 2012 [s 12] responsible Ministers, appoints the members of the 1 Board before section 663 commences; and 2 (b) a provision of this Law conferring a function on the 3 Board (a relevant provision) has not commenced. 4 (2) The members-- 5 (a) may meet and exercise the function under the relevant 6 provision in the same way and subject to the same 7 conditions that would apply if the relevant provision had 8 commenced; and 9 (b) in doing so, are entitled to be paid the remuneration and 10 allowances to which the members are entitled under 11 section 666 whether or not that section has commenced. 12 (3) For the purposes of deciding the duration of the term of office 13 of a member of the Board, the term does not start until section 14 663 commences despite the exercise of any function by the 15 member under subsection (2). 16 (4) The exercise of a function under a relevant provision does not 17 confer a right, or impose a liability, on a person before the 18 relevant provision commences. 19 (5) This section does not limit section 30 of Schedule 1. 20 Part 14.2 General provisions 21 746 Application of Part 14.2 22 (1) This Part has effect in relation to this jurisdiction except to the 23 extent any law of this jurisdiction expressly or impliedly 24 overrides a provision of this Part. 25 (2) Nothing in this Part limits section 34 of Schedule 1, except to 26 the extent that the context or subject matter otherwise 27 indicates or requires. 28 Page 668

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 747 Definitions for Part 14.2 1 In this Part-- 2 commencement day, for this jurisdiction, means, with respect 3 to a provision of this Law, the day this jurisdiction became a 4 participating jurisdiction in relation to that provision. 5 current PBS scheme means the scheme in operation 6 immediately before the commencement day relating to 7 compliance with legislative requirements for heavy vehicles 8 by reference to performance based standards, and comprises 9 such of the following instruments as are in force immediately 10 before the commencement day-- 11 (a) the Standards and Vehicle Assessment Rules as at 10 12 November 2008; 13 (b) the Assessor Accreditation Rules (July 2007); 14 (c) the Vehicle Certification Rules (July 2007); 15 (d) the Network Classification Guidelines (July 2007); 16 (e) the Guidelines for Determining National Operating 17 Conditions (July 2007). 18 former legislation, of this jurisdiction, means legislation of 19 this jurisdiction that is repealed on the participation day for 20 this jurisdiction or is superseded by provisions of this Law on 21 that day. 22 participation day, for this jurisdiction, means the day this 23 jurisdiction became a participating jurisdiction. 24 relevant instrument-- 25 (a) means an application, permit, notice, authority or any 26 other document; and 27 (b) without limiting paragraph (a), includes any document 28 prescribed by a law of this jurisdiction as being within 29 this definition; but 30 (c) does not include any document prescribed by a law of 31 this jurisdiction as not being within this definition. 32 Page 669

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 748 General savings and transitional provision 1 (1) This section applies if a provision of this Law corresponds to 2 a provision of the former legislation. 3 (2) Anything done under the provision of the former legislation 4 before the commencement day has effect as if-- 5 (a) this Law had been in force when the thing was done; and 6 (b) the thing had been done under this Law; and 7 (c) any reference to a person in, or in relation to, the 8 provision were a reference to the nearest equivalent 9 person under this Law; and 10 (d) any reference in, or in relation to, the provision to 11 another provision of the former legislation were a 12 reference to the corresponding provision of this Law; 13 and 14 (e) any other adaptations necessary to enable the thing to be 15 effective under this Law have been made; 16 and accordingly the thing is taken to have been done under 17 this Law. 18 (3) Subsection (2) does not apply to the following-- 19 (a) any appointment of a person as an authorised officer; 20 (b) any appointment of any other person who was employed 21 by the department or body administering the former 22 legislation; 23 (c) any prosecution of an offence that had not been 24 completed immediately before the commencement day; 25 (d) any review or appeal, or anything related to a review or 26 appeal, that was unresolved immediately before the 27 commencement day; 28 (e) anything excluded from the operation of this section by 29 the national regulations. 30 (4) Any prosecution, review or appeal referred to in subsection 31 (3)(c) or (d) is to proceed as if the former legislation were still 32 in force in the form it was in at the relevant time before the 33 commencement day. 34 Page 670

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (5) On the final completion of any prosecution, review or appeal 1 referred to in subsection (3)(c) or (d), it is to be treated as if it 2 had occurred under this Law. 3 (6) The Regulator is not liable for anything the Regulator is taken 4 to have done under this section that was done before the 5 commencement day. 6 (7) Proceedings are not to be commenced by the Regulator for an 7 offence arising from any action or inaction that was completed 8 before the commencement day, but nothing in this section 9 affects the commencement of proceedings by another person. 10 749 Expiry of certain permits, exemptions, notices and 11 authorities 12 (1) This section applies if a permit, exemption, notice or 13 authority-- 14 (a) is taken to have been made under this Law under section 15 748; and 16 (b) is not subject to an expiry date, or is subject to an expiry 17 date-- 18 (i) that, in the case of a permit, exceeds 3 years after 19 the commencement day; or 20 (ii) that in any other case exceeds 5 years after the 21 commencement day. 22 (2) In the case of a permit, it expires 3 years after the 23 commencement day, unless it is cancelled before that day. 24 (3) In the case of an exemption, notice or authority, it expires 5 25 years after the commencement day, unless it is cancelled 26 before that day. 27 (4) Despite subsections (2) and (3), a modification approval 28 granted in respect of a vehicle is to continue for the life of the 29 vehicle. 30 (5) For the purposes of this section, a permit that solely provides 31 an exemption is to be considered to be an exemption. 32 Page 671

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 750 Amendment or cancellation of instruments carried over 1 from former legislation 2 (1) This section applies to any instrument-- 3 (a) that is taken to have been made under this Law under 4 section 748; and 5 (b) that applies to more than one person and that confers a 6 benefit on at least one person; and 7 (c) that is of a class of instrument that is specified by the 8 National Regulations for the purposes of this section. 9 (2) An amendment or cancellation of part of the instrument by 10 implication does not affect the remainder of the instrument. 11 Example-- 12 If an instrument relates to mass and fatigue exemptions, a notice 13 cancelling only the fatigue exemptions will not cancel the mass 14 exemptions. The mass exemptions, and their associated conditions, will 15 continue in force until they are separately amended, or until they expire. 16 (3) Despite anything to the contrary in this Law, if the instrument 17 is amended or cancelled and the amendment or cancellation 18 has the effect of removing or reducing the benefit previously 19 conferred on a person by the instrument, the person may 20 continue to enjoy the benefit as if the amendment or 21 cancellation had not occurred until the instrument would have 22 expired had the amendment or cancellation not occurred. 23 (4) Despite anything to the contrary in this Law other than 24 subsection (3), the Regulator may amend or cancel the 25 instrument simply by publishing notice of the amendment or 26 cancellation-- 27 (a) in-- 28 (i) the Commonwealth Gazette; and 29 (ii) a newspaper circulating generally throughout each 30 relevant participating jurisdiction; and 31 (b) on the Regulator's website; and 32 (c) in any other newspaper the Regulator considers 33 appropriate. 34 (5) The amendment or cancellation takes effect-- 35 Page 672

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) 28 days after the Commonwealth Gazette notice is 1 published under subsection (4); or 2 (b) if a later time is stated in the Commonwealth Gazette 3 notice, at the later time. 4 (6) This section applies even to amendments and cancellations 5 that occur by implication, and it is not necessary that the 6 instrument being amended or cancelled be identified in the 7 amending or cancelling notice. 8 751 Expiry of industry codes of practice 9 (1) This section applies if a code of practice-- 10 (a) is taken to have been made under this Law under section 11 748; and 12 (b) is not subject to a review date, or is subject to a review 13 date that exceeds 3 years after the commencement day. 14 (2) The code of practice expires 3 years after the commencement 15 day, unless it is cancelled before that day. 16 752 Pending matters 17 (1) This section applies if-- 18 (a) section 748 applies to a relevant instrument (for 19 example, an application); and 20 (b) any matter (for example, the determination of an 21 application) is pending in respect of the instrument 22 immediately before the participation day for this 23 jurisdiction. 24 (2) When the matter is being dealt with on or after the 25 participation day for this jurisdiction-- 26 (a) the Regulator (or other person having functions under 27 this Law in relation to the matter) may have regard to 28 any relevant provisions of the former legislation for this 29 jurisdiction; and 30 (b) this Law applies in relation to the matter-- 31 Page 673

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (i) with any adaptations the Regulator (or other 1 person) considers appropriate to achieve 2 consistency with provisions of the former 3 legislation; and 4 (ii) with any necessary adaptations. 5 753 Preservation of current PBS scheme 6 (1) The instruments that comprise the current PBS scheme-- 7 (a) continue in force on and from the commencement day 8 despite the commencement of any provision of this 9 Law; and 10 (b) apply with any necessary or appropriate modifications 11 with respect to any relevant provisions of this Law or 12 any relevant functions of the Regulator; and 13 (c) so apply as if a reference in the instruments to the 14 National Transport Commission included a reference to 15 the Regulator. 16 (2) This section ceases to apply to an instrument if it is replaced 17 by approved guidelines or it is otherwise dispensed with. 18 754 Preservation of contracts for current PBS scheme 19 (1) This section applies to a contract between the National 20 Transport Commission and another person that relates to the 21 appointment or functions of the person for the purposes of the 22 current PBS scheme and that is in force immediately before 23 the commencement day. 24 (2) A contract to which this section applies and the arrangements 25 to which the contract relates-- 26 (a) continue in force on and from the commencement day 27 despite the commencement of any provision of this 28 Law; and 29 (b) apply with any necessary or appropriate modifications 30 with respect to any relevant provisions of this Law or 31 any relevant functions of the Regulator; and 32 Page 674

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (c) so apply as if a reference in the contract to the National 1 Transport Commission included a reference to the 2 Regulator. 3 (3) This section ceases to apply to a contract with another person 4 referred to in subsection (1) if-- 5 (a) the contract is terminated; or 6 (b) a subsequent contract is entered into with the Regulator 7 and the other person for a similar or a corresponding 8 purpose. 9 755 National regulations for savings and transitional matters 10 (1) The national regulations may contain provisions of a savings 11 and transitional nature consequent on the enactment or 12 commencement of provisions of this Law in a jurisdiction. 13 (2) Any such provision may, if the national regulations so 14 provide, take effect in relation to this jurisdiction from the 15 participation day for this jurisdiction or a later day. 16 (3) To the extent any such provision takes effect from a day that is 17 earlier than the date of its publication, the provision does not 18 operate so as-- 19 (a) to affect, in a manner prejudicial to any person (other 20 than this jurisdiction or an authority of this jurisdiction), 21 the rights of that person existing before the date of its 22 publication; or 23 (b) to impose liabilities on any person (other than this 24 jurisdiction or an authority of this jurisdiction) in 25 respect of anything done or omitted to be done before 26 the date of its publication. 27 (4) Without limiting subsections (1) to (3), the national 28 regulations may contain provisions of a savings or transitional 29 nature that-- 30 (a) have effect in circumstances where some but not all the 31 provisions of this Law are commenced; and 32 Page 675

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (b) without limiting paragraph (a), modify the operation of 1 the commenced provisions pending and after 2 commencement of the uncommenced provisions. 3 Page 676

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Schedule 1 Miscellaneous provisions 1 relating to interpretation 2 section 10 3 Part 1 Preliminary 4 1 Displacement of Schedule by contrary intention 5 The application of this Schedule may be displaced, wholly or 6 partly, by a contrary intention appearing in this Law. 7 Part 2 General 8 2 Law to be construed not to exceed legislative power of 9 Parliament 10 (1) This Law is to be construed as operating to the full extent of, 11 but so as not to exceed, the legislative power of the Parliament 12 of this jurisdiction. 13 (2) If a provision of this Law, or the application of a provision of 14 this Law to a person, subject matter or circumstance, would, 15 but for the purposes of this section, be construed as being in 16 excess of the legislative power of the Parliament of this 17 jurisdiction-- 18 (a) it is a valid provision to the extent to which it is not in 19 excess of the power; and 20 (b) the remainder of this Law, and the application of the 21 provision to other persons, subject matters or 22 circumstances, is not affected. 23 (3) This section applies to this Law in addition to, and without 24 limiting the effect of, any provision of this Law. 25 Page 677

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 3 Every section to be a substantive enactment 1 Every section of this Law has effect as a substantive 2 enactment without introductory words. 3 4 Material that is, and is not, part of this Law 4 (1) The heading to a Chapter, Part, Division or Subdivision into 5 which this Law is divided is part of this Law. 6 (2) A Schedule to this Law is part of this Law. 7 (3) Punctuation in this Law is part of this Law. 8 (4) A heading to a section or subsection of this Law does not form 9 part of this Law. 10 (5) Notes included in this Law (including footnotes and endnotes) 11 do not form part of this Law. 12 5 References to particular Acts and to enactments 13 In this Law-- 14 (a) an Act of this jurisdiction may be cited-- 15 (i) by its short title; or 16 (ii) by reference to the year in which it was passed and 17 its number; and 18 (b) Commonwealth Act may be cited-- 19 (i) by its short title; or 20 (ii) in another way sufficient in a Commonwealth Act 21 for the citation of such an Act; 22 together with a reference to the Commonwealth; and 23 (c) an Act of another jurisdiction may be cited-- 24 (i) by its short title; or 25 (ii) in another way sufficient in an Act of the 26 jurisdiction for the citation of such an Act; 27 together with a reference to the jurisdiction. 28 Page 678

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 6 References taken to be included in Law or Act citation 1 etc. 2 (1) A reference in this Law to this Law or an Act includes a 3 reference to-- 4 (a) this Law or the Act as originally enacted, and as 5 amended from time to time since its original enactment; 6 and 7 (b) if this Law or the Act has been repealed and re-enacted 8 (with or without modification) since the enactment of 9 the reference--this Law or the Act as re-enacted, and as 10 amended from time to time since its re-enactment. 11 (2) A reference in this Law to a provision of this Law or of an Act 12 includes a reference to-- 13 (a) the provision as originally enacted, and as amended 14 from time to time since its original enactment; and 15 (b) if the provision has been omitted and re-enacted (with or 16 without modification) since the enactment of the 17 reference--the provision as re-enacted, and as amended 18 from time to time since its re-enactment. 19 (3) Subsections (1) and (2) apply to a reference in this Law to a 20 law of the Commonwealth or another jurisdiction as they 21 apply to a reference in this Law to an Act and to a provision of 22 an Act. 23 7 Interpretation best achieving Law's purpose or object 24 (1) In the interpretation of a provision of this Law, the 25 interpretation that will best achieve the purpose or object of 26 this Law is to be preferred to any other interpretation. 27 (2) Subsection (1) applies whether or not the purpose or object is 28 expressly stated in this Law. 29 8 Use of extrinsic material in interpretation 30 (1) In this section-- 31 Page 679

Heavy Vehicle National Law Amendment Bill 2012 [s 12] extrinsic material means relevant material not forming part of 1 this Law, including, for example-- 2 (a) material that is set out in the document containing the 3 text of this Law as printed by the Government Printer; 4 and 5 (b) a relevant report of a Royal Commission, Law Reform 6 Commission, commission or committee of inquiry, or a 7 similar body, that was laid before the Parliament of this 8 jurisdiction before the provision concerned was enacted; 9 and 10 (c) a relevant report of a committee of the Parliament of this 11 jurisdiction that was made to the Parliament before the 12 provision was enacted; and 13 (d) a treaty or other international agreement that is 14 mentioned in this Law; and 15 (e) an explanatory note or memorandum relating to the Bill 16 that contained the provision, or any relevant document, 17 that was laid before, or given to the members of, the 18 Parliament of this jurisdiction by the member bringing 19 in the Bill before the provision was enacted; and 20 (f) the speech made to the Parliament of this jurisdiction by 21 the member in moving a motion that the Bill be read a 22 second time; and 23 (g) material in the Votes and Proceedings of the Parliament 24 of this jurisdiction or in any official record of debates in 25 the Parliament of this jurisdiction; and 26 (h) a document that is declared by this Law to be a relevant 27 document for the purposes of this section. 28 ordinary meaning means the ordinary meaning conveyed by a 29 provision having regard to its context in this Law and to the 30 purpose of this Law. 31 (2) Subject to subsection (3), in the interpretation of a provision 32 of this Law, consideration may be given to extrinsic material 33 capable of assisting in the interpretation-- 34 (a) if the provision is ambiguous or obscure--to provide an 35 interpretation of it; or 36 Page 680

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (b) if the ordinary meaning of the provision leads to a result 1 that is manifestly absurd or is unreasonable--to provide 2 an interpretation that avoids such a result; or 3 (c) in any other case--to confirm the interpretation 4 conveyed by the ordinary meaning of the provision. 5 (3) In determining whether consideration should be given to 6 extrinsic material, and in determining the weight to be given 7 to extrinsic material, regard is to be had to-- 8 (a) the desirability of a provision being interpreted as 9 having its ordinary meaning; and 10 (b) the undesirability of prolonging proceedings without 11 compensating advantage; and 12 (c) other relevant matters. 13 9 Effect of change of drafting practice 14 If-- 15 (a) a provision of this Law expresses an idea in particular 16 words; and 17 (b) a provision enacted later appears to express the same 18 idea in different words for the purpose of implementing 19 a different legislative drafting practice, including, for 20 example-- 21 (i) the use of a clearer or simpler style; or 22 (ii) the use of gender-neutral language; 23 the ideas must not be taken to be different merely because 24 different words are used. 25 10 Use of examples 26 If this Law includes an example of the operation of a 27 provision-- 28 (a) the example is not exhaustive; and 29 (b) the example does not limit, but may extend, the meaning 30 of the provision; and 31 Page 681

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (c) the example and the provision are to be read in the 1 context of each other and the other provisions of this 2 Law, but, if the example and the provision so read are 3 inconsistent, the provision prevails. 4 11 Compliance with forms 5 (1) If a form is prescribed or approved by or for the purpose of 6 this Law, strict compliance with the form is not necessary and 7 substantial compliance is sufficient. 8 (2) If a form prescribed or approved by or for the purpose of this 9 Law requires-- 10 (a) the form to be completed in a specified way; or 11 (b) specified information or documents to be included in, 12 attached to or given with the form; or 13 (c) the form, or information or documents included in, 14 attached to or given with the form, to be verified in a 15 specified way; 16 the form is not properly completed unless the requirement is 17 complied with. 18 Part 3 Terms and references 19 12 Definitions 20 (1) In this Law-- 21 Act means an Act of the Parliament of this jurisdiction. 22 adult means an individual who is 18 or more. 23 affidavit, in relation to a person allowed by law to affirm, 24 declare or promise, includes affirmation, declaration and 25 promise. 26 amend includes-- 27 (a) omit or omit and substitute; or 28 Page 682

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (b) alter or vary; or 1 (c) amend by implication. 2 appoint includes reappoint. 3 Australia means the Commonwealth of Australia but, when 4 used in a geographical sense, does not include an external 5 Territory. 6 business day means a day that is not-- 7 (a) a Saturday or Sunday; or 8 (b) a public holiday, special holiday or bank holiday in the 9 place in which any relevant act is to be or may be done. 10 calendar month means a period starting at the beginning of 11 any day of one of the 12 named months and ending-- 12 (a) immediately before the beginning of the corresponding 13 day of the next named month; or 14 (b) if there is no such corresponding day--at the end of the 15 next named month. 16 calendar year means a period of 12 months beginning on 1 17 January. 18 commencement, in relation to this Law or an Act or a 19 provision of this Law or an Act, means the time at which this 20 Law, the Act or provision comes into operation. 21 Commonwealth means the Commonwealth of Australia but, 22 when used in a geographical sense, does not include an 23 external Territory. 24 confer, in relation to a function, includes impose. 25 contravene includes fail to comply with. 26 country includes-- 27 (a) a federation; or 28 (b) a state, province or other part of a federation. 29 date of assent, in relation to an Act, means the day on which 30 the Act receives the Royal Assent. 31 Page 683

Heavy Vehicle National Law Amendment Bill 2012 [s 12] definition means a provision of this Law (however expressed) 1 that-- 2 (a) gives a meaning to a word or expression; or 3 (b) limits or extends the meaning of a word or expression. 4 document includes-- 5 (a) any paper or other material on which there is writing; 6 and 7 (b) any paper or other material on which there are marks, 8 figures, symbols or perforations having a meaning for a 9 person qualified to interpret them; and 10 (c) any disc, tape or other article or any material from 11 which sounds, images, writings or messages are capable 12 of being reproduced (with or without the aid of another 13 article or device). 14 electronic communication means-- 15 (a) a communication of information in the form of data, text 16 or images by means of guided or unguided 17 electromagnetic energy, or both; or 18 (b) a communication of information in the form of sound by 19 means of guided or unguided electromagnetic energy, or 20 both, where the sound is processed at its destination by 21 an automated voice recognition system. 22 estate includes easement, charge, right, title, claim, demand, 23 lien or encumbrance, whether at law or in equity. 24 expire includes lapse or otherwise cease to have effect. 25 external Territory means a Territory, other than an internal 26 Territory, for the government of which as a Territory provision 27 is made by a Commonwealth Act. 28 fail includes refuse. 29 financial year means a period of 12 months beginning on 1 30 July. 31 foreign country means a country (whether or not an 32 independent sovereign State) outside Australia and the 33 external Territories. 34 Page 684

Heavy Vehicle National Law Amendment Bill 2012 [s 12] function includes a power or duty. 1 Government Printer means the Government Printer of this 2 jurisdiction, and includes any other person authorised by the 3 Government of this jurisdiction to print an Act or instrument. 4 individual means a natural person. 5 information system means a system for generating, sending, 6 receiving, storing or otherwise processing electronic 7 communications. 8 insert, in relation to a provision of this Law, includes 9 substitute. 10 instrument includes a statutory instrument. 11 interest, in relation to land or other property, means-- 12 (a) a legal or equitable estate in the land or other property; 13 or 14 (b) a right, power or privilege over, or in relation to, the land 15 or other property. 16 internal Territory means the Australian Capital Territory, the 17 Jervis Bay Territory or the Northern Territory. 18 Jervis Bay Territory means the Territory mentioned in the 19 Jervis Bay Territory Acceptance Act 1915 of the 20 Commonwealth. 21 make includes issue or grant. 22 minor means an individual who is under 18. 23 modification includes addition, omission or substitution. 24 month means a calendar month. 25 named month means 1 of the 12 months of the year. 26 Northern Territory means the Northern Territory of Australia. 27 number means-- 28 (a) a number expressed in figures or words; or 29 (b) a letter; or 30 (c) a combination of a number so expressed and a letter. 31 Page 685

Heavy Vehicle National Law Amendment Bill 2012 [s 12] oath, in relation to a person allowed by law to affirm, declare 1 or promise, includes affirmation, declaration or promise. 2 office includes position. 3 omit, in relation to a provision of this Law or an Act, includes 4 repeal. 5 party includes an individual or a body politic or corporate. 6 penalty includes forfeiture or punishment. 7 person includes an individual or a body politic or corporate. 8 power includes authority. 9 prescribed means prescribed by, or by regulations made or in 10 force for the purposes of or under, this Law. 11 printed includes typewritten, lithographed or reproduced by 12 any mechanical means. 13 proceeding means a legal or other action or proceeding. 14 property means any legal or equitable estate or interest 15 (whether present or future, vested or contingent, or tangible or 16 intangible) in real or personal property of any description 17 (including money), and includes things in action. 18 provision, in relation to this Law or an Act, means words or 19 other matter that form or forms part of this Law or the Act, 20 and includes-- 21 (a) a Chapter, Part, Division, Subdivision, section, 22 subsection, paragraph, subparagraph, sub-subparagraph 23 or Schedule of or to this Law or the Act; and 24 (b) a section, clause, subclause, item, column, table or form 25 of or in a Schedule to this Law or the Act; and 26 (c) the long title and any preamble to the Act. 27 record includes information stored or recorded by means of a 28 computer. 29 repeal includes-- 30 (a) revoke or rescind; and 31 (b) repeal by implication; and 32 Page 686

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (c) abrogate or limit the effect of this Law or the instrument 1 concerned; and 2 (d) exclude from, or include in, the application of this Law 3 or the instrument concerned any person, subject matter 4 or circumstance. 5 sign includes the affixing of a seal or the making of a mark. 6 statutory declaration means a declaration made under an Act, 7 or under a Commonwealth Act or an Act of another 8 jurisdiction, that authorises a declaration to be made 9 otherwise than in the course of a judicial proceeding. 10 statutory instrument means an instrument (including a 11 regulation) made or in force under or for the purposes of this 12 Law, and includes an instrument made or in force under any 13 such instrument. 14 swear, in relation to a person allowed by law to affirm, declare 15 or promise, includes affirm, declare or promise. 16 word includes any symbol, figure or drawing. 17 writing includes any mode of representing or reproducing 18 words in a visible form. 19 year, without specifying the type of year, means calendar year. 20 (2) In a statutory instrument-- 21 the Law means this Law. 22 13 Provisions relating to defined terms and gender and 23 number 24 (1) If this Law defines a word or expression, other parts of speech 25 and grammatical forms of the word or expression have 26 corresponding meanings. 27 (2) Definitions in or applicable to this Law apply except so far as 28 the context or subject matter otherwise indicates or requires. 29 (3) In this Law, words indicating a gender include each other 30 gender. 31 (4) In this Law-- 32 Page 687

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) words in the singular include the plural; and 1 (b) words in the plural include the singular. 2 14 Meaning of `may' and `must' 3 (1) In this Law, the word may, or a similar word or expression, 4 used in relation to a power indicates that the power may be 5 exercised or not exercised, at discretion. 6 (2) In this Law, the word must, or a similar word or expression, 7 used in relation to a power indicates that the power is required 8 to be exercised. 9 (3) This section has effect despite any rule of construction to the 10 contrary. 11 15 Words and expressions used in statutory instruments 12 (1) Words and expressions used in a statutory instrument have the 13 same meanings as they have, from time to time, in this Law, or 14 relevant provisions of this Law, under or for the purposes of 15 which the instrument is made or in force. 16 (2) This section has effect in relation to a statutory instrument 17 except so far as the contrary intention appears in the 18 instrument. 19 16 Effect of express references to bodies corporate and 20 individuals 21 In this Law, a reference to a person generally (whether the 22 expression "person", "party", "someone", "anyone", 23 "no-one", "one", "another" or "whoever" or another 24 expression is used)-- 25 (a) does not exclude a reference to a body corporate or an 26 individual merely because elsewhere in this Law there is 27 particular reference to a body corporate (however 28 expressed); and 29 (b) does not exclude a reference to a body corporate or an 30 individual merely because elsewhere in this Law there is 31 Page 688

Heavy Vehicle National Law Amendment Bill 2012 [s 12] particular reference to an individual (however 1 expressed). 2 17 Production of records kept in computers etc. 3 If a person who keeps a record of information by means of a 4 mechanical, electronic or other device is required by or under 5 this Law-- 6 (a) to produce the information or a document containing the 7 information to a court, tribunal or person; or 8 (b) to make a document containing the information 9 available for inspection by a court, tribunal or person; 10 then, unless the court, tribunal or person otherwise directs-- 11 (c) the requirement obliges the person to produce or make 12 available for inspection, as the case may be, a document 13 that reproduces the information in a form capable of 14 being understood by the court, tribunal or person; and 15 (d) the production to the court, tribunal or person of the 16 document in that form complies with the requirement. 17 18 References to this jurisdiction to be implied 18 In this Law-- 19 (a) a reference to an officer, office or statutory body is a 20 reference to such an officer, office or statutory body in 21 and for this jurisdiction; and 22 (b) a reference to a locality or other matter or thing is a 23 reference to such a locality or other matter or thing in 24 and of this jurisdiction. 25 19 References to officers and holders of offices 26 In this Law, a reference to a particular officer, or to the holder 27 of a particular office, includes a reference to the person for the 28 time being occupying or acting in the office concerned. 29 Page 689

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 20 Reference to certain provisions of Law 1 If a provision of this Law refers-- 2 (a) to a Chapter, Part, section or Schedule by a number and 3 without reference to this Law--the reference is a 4 reference to the Chapter, Part, section or Schedule, 5 designated by the number, of or to this Law; or 6 (b) to a Schedule without reference to it by a number and 7 without reference to this Law--the reference, if there is 8 only one Schedule to this Law, is a reference to the 9 Schedule; or 10 (c) to a Division, Subdivision, subsection, paragraph, 11 subparagraph, sub-subparagraph, clause, subclause, 12 item, column, table or form by a number and without 13 reference to this Law--the reference is a reference to-- 14 (i) the Division, designated by the number, of the Part 15 in which the reference occurs; and 16 (ii) the Subdivision, designated by the number, of the 17 Division in which the reference occurs; and 18 (iii) the subsection, designated by the number, of the 19 section in which the reference occurs; and 20 (iv) the paragraph, designated by the number, of the 21 section, subsection, Schedule or other provision in 22 which the reference occurs; and 23 (v) the paragraph, designated by the number, of the 24 clause, subclause, item, column, table or form of or 25 in the Schedule in which the reference occurs; and 26 (vi) the subparagraph, designated by the number, of the 27 paragraph in which the reference occurs; and 28 (vii) the sub-subparagraph, designated by the number, 29 of the subparagraph in which the reference occurs; 30 and 31 (viii) the section, clause, subclause, item, column, table 32 or form, designated by the number, of or in the 33 Schedule in which the reference occurs; 34 as the case requires. 35 Page 690

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 21 Reference to provisions of this Law or an Act is inclusive 1 In this Law, a reference to a portion of this Law or an Act 2 includes-- 3 (a) a reference to the Chapter, Part, Division, Subdivision, 4 section, subsection or other provision of this Law or the 5 Act referred to that forms the beginning of the portion; 6 and 7 (b) a reference to the Chapter, Part, Division, Subdivision, 8 section, subsection or other provision of this Law or the 9 Act referred to that forms the end of the portion. 10 Example-- 11 A reference to "sections 5 to 9" includes both section 5 and section 9. It 12 is not necessary to refer to "sections 5 to 9 (both inclusive)" to ensure 13 that the reference is given an inclusive interpretation. 14 Part 4 Functions and powers 15 22 Exercise of statutory functions 16 (1) If this Law confers a function on a person or body, the 17 function may be exercised from time to time as occasion 18 requires. 19 (2) If this Law confers a function on a particular officer or the 20 holder of a particular office, the function may be exercised by 21 the person for the time being occupying or acting in the office 22 concerned. 23 (3) If this Law confers a function on a body (whether or not 24 incorporated), the exercise of the function is not affected 25 merely because of vacancies in the membership of the body. 26 23 Power to make instrument or decision includes power to 27 amend or repeal 28 If this Law authorises or requires the making of an instrument 29 or decision-- 30 Page 691

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) the power includes power to amend or repeal the 1 instrument or decision; and 2 (b) the power to amend or repeal the instrument or decision 3 is exercisable in the same way, and subject to the same 4 conditions, as the power to make the instrument or 5 decision. 6 24 Matters for which statutory instruments may make 7 provision 8 (1) If this Law authorises or requires the making of a statutory 9 instrument in relation to a matter, a statutory instrument made 10 under this Law may make provision for the matter by 11 applying, adopting or incorporating (with or without 12 modification) the provisions of-- 13 (a) an Act or statutory instrument; or 14 (b) another document (whether of the same or a different 15 kind); 16 as in force at a particular time or as in force from time to time. 17 (2) If a statutory instrument applies, adopts or incorporates the 18 provisions of a document, the statutory instrument applies, 19 adopts or incorporates the provisions as in force from time to 20 time, unless the statutory instrument otherwise expressly 21 provides. 22 (3) A statutory instrument may-- 23 (a) apply generally throughout this jurisdiction or be 24 limited in its application to a particular part of this 25 jurisdiction; or 26 (b) apply generally to all persons, matters or things or be 27 limited in its application to-- 28 (i) particular persons, matters or things; or 29 (ii) particular classes of persons, matters or things; or 30 (c) otherwise apply generally or be limited in its application 31 by reference to specified exceptions or factors. 32 (4) A statutory instrument may-- 33 Page 692

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) apply differently according to different specified factors; 1 or 2 (b) otherwise make different provision in relation to-- 3 (i) different persons, matters or things; or 4 (ii) different classes of persons, matters or things. 5 (5) A statutory instrument may authorise a matter or thing to be 6 from time to time determined, applied or regulated by a 7 specified person or body. 8 (6) If this Law authorises or requires a matter to be regulated by 9 statutory instrument, the power may be exercised by 10 prohibiting by statutory instrument the matter or any aspect of 11 the matter. 12 (7) If this Law authorises or requires provision to be made with 13 respect to a matter by statutory instrument, a statutory 14 instrument made under this Law may make provision with 15 respect to a particular aspect of the matter despite the fact that 16 provision is made by this Law in relation to another aspect of 17 the matter or in relation to another matter. 18 (8) A statutory instrument may provide for the review of, or a 19 right of appeal against, a decision made under the statutory 20 instrument, or this Law, and may, for that purpose, confer 21 jurisdiction on any court, tribunal, person or body. 22 (9) A statutory instrument may require a form prescribed by or 23 under the statutory instrument, or information or documents 24 included in, attached to or given with the form, to be verified 25 by statutory declaration. 26 25 Presumption of validity and power to make 27 (1) All conditions and preliminary steps required for the making 28 of a statutory instrument are presumed to have been satisfied 29 and performed in the absence of evidence to the contrary. 30 (2) A statutory instrument is taken to be made under all powers 31 under which it may be made, even though it purports to be 32 made under this Law or a particular provision of this Law. 33 Page 693

Heavy Vehicle National Law Amendment Bill 2012 [s 12] 26 Appointments may be made by name or office 1 (1) If this Law authorises or requires a person or body-- 2 (a) to appoint a person to an office; or 3 (b) to appoint a person or body to exercise a power; or 4 (c) to appoint a person or body to do another thing; 5 the person or body may make the appointment by-- 6 (d) appointing a person or body by name; or 7 (e) appointing a particular officer, or the holder of a 8 particular office, by reference to the title of the office 9 concerned. 10 (2) An appointment of a particular officer, or the holder of a 11 particular office, is taken to be the appointment of the person 12 for the time being occupying or acting in the office concerned. 13 27 Acting appointments 14 (1) If this Law authorises a person or body to appoint a person to 15 act in an office, the person or body may, in accordance with 16 this Law, appoint-- 17 (a) a person by name; or 18 (b) a particular officer, or the holder of a particular office, 19 by reference to the title of the office concerned; 20 to act in the office. 21 (2) The appointment may be expressed to have effect only in the 22 circumstances specified in the instrument of appointment. 23 (3) The appointer may-- 24 (a) determine the terms and conditions of the appointment, 25 including remuneration and allowances; and 26 (b) terminate the appointment at any time. 27 (4) The appointment, or the termination of the appointment, must 28 be in, or evidenced by, writing signed by the appointer. 29 (5) The appointee must not act for more than 1 year during a 30 vacancy in the office. 31 Page 694

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (6) If the appointee is acting in the office otherwise than because 1 of a vacancy in the office and the office becomes vacant, then, 2 subject to subsection (2), the appointee may continue to act 3 until-- 4 (a) the appointer otherwise directs; or 5 (b) the vacancy is filled; or 6 (c) the end of a year from the day of the vacancy; 7 whichever happens first. 8 (7) The appointment ceases to have effect if the appointee resigns 9 by writing signed and delivered to the appointer. 10 (8) While the appointee is acting in the office-- 11 (a) the appointee has all the powers and functions of the 12 holder of the office; and 13 (b) this Law and other laws apply to the appointee as if the 14 appointee were the holder of the office. 15 (9) Anything done by or in relation to a person purporting to act 16 in the office is not invalid merely because-- 17 (a) the occasion for the appointment had not arisen; or 18 (b) the appointment had ceased to have effect; or 19 (c) the occasion for the person to act had not arisen or had 20 ceased. 21 (10) If this Law authorises the appointer to appoint a person to act 22 during a vacancy in the office, an appointment to act in the 23 office may be made by the appointer whether or not an 24 appointment has previously been made to the office. 25 28 Powers of appointment imply certain incidental powers 26 (1) If this Law authorises or requires a person or body to appoint 27 a person to an office-- 28 (a) the power may be exercised from time to time as 29 occasion requires; and 30 (b) the power includes-- 31 Page 695

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (i) power to remove or suspend, at any time, a person 1 appointed to the office; and 2 (ii) power to appoint another person to act in the office 3 if a person appointed to the office is removed or 4 suspended; and 5 (iii) power to reinstate or reappoint a person removed 6 or suspended; and 7 (iv) power to appoint a person to act in the office if it is 8 vacant (whether or not the office has ever been 9 filled); and 10 (v) power to appoint a person to act in the office if the 11 person appointed to the office is absent or is unable 12 to discharge the functions of the office (whether 13 because of illness or otherwise). 14 (2) The power to remove or suspend a person under subsection 15 (1)(b) may be exercised even if this Law provides that the 16 holder of the office to which the person was appointed is to 17 hold office for a specified period. 18 (3) The power to make an appointment under subsection (1)(b) 19 may be exercised from time to time as occasion requires. 20 (4) An appointment under subsection (1)(b) may be expressed to 21 have effect only in the circumstances specified in the 22 instrument of appointment. 23 29 Delegation of functions 24 (1) If this Law authorises a person or body to delegate a function, 25 the person or body may, in accordance with this Law and any 26 other applicable law, delegate the function to-- 27 (a) a person or body by name; or 28 (b) a specified officer, or the holder of a specified office, by 29 reference to the title of the office concerned. 30 (2) The delegation may be-- 31 (a) general or limited; and 32 (b) made from time to time; and 33 Page 696

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (c) revoked, wholly or partly, by the delegator. 1 (3) The delegation, or a revocation of the delegation, must be in, 2 or evidenced by, writing signed by the delegator or, if the 3 delegator is a body, by a person authorised by the body for the 4 purpose. 5 (4) A delegated function may be exercised only in accordance 6 with any conditions to which the delegation is subject. 7 (5) The delegate may, in the exercise of a delegated function, do 8 anything that is incidental to the delegated function. 9 (6) A delegated function that purports to have been exercised by 10 the delegate is taken to have been properly exercised by the 11 delegate unless the contrary is proved. 12 (7) A delegated function that is properly exercised by the delegate 13 is taken to have been exercised by the delegator. 14 (8) If, when exercised by the delegator, a function is dependent on 15 the delegator's opinion, belief or state of mind, then, when 16 exercised by the delegate, the function is dependent on the 17 delegate's opinion, belief or state of mind. 18 (9) If-- 19 (a) the delegator is a specified officer or the holder of a 20 specified office; and 21 (b) the person who was the specified officer or holder of the 22 specified office when the delegation was made ceases to 23 be the holder of the office; 24 then-- 25 (c) the delegation continues in force; and 26 (d) the person for the time being occupying or acting in the 27 office concerned is taken to be the delegator for the 28 purposes of this section. 29 (10) If-- 30 (a) the delegator is a body; and 31 (b) there is a change in the membership of the body; 32 then-- 33 Page 697

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (c) the delegation continues in force; and 1 (d) the body as constituted for the time being is taken to be 2 the delegator for the purposes of this section. 3 (11) If a function is delegated to a specified officer or the holder of 4 a specified office-- 5 (a) the delegation does not cease to have effect merely 6 because the person who was the specified officer or the 7 holder of the specified office when the function was 8 delegated ceases to be the officer or the holder of the 9 office; and 10 (b) the function may be exercised by the person for the time 11 being occupying or acting in the office concerned. 12 (12) A function that has been delegated may, despite the 13 delegation, be exercised by the delegator. 14 (13) The delegation of a function does not relieve the delegator of 15 the delegator's obligation to ensure that the function is 16 properly exercised. 17 (14) Subject to subsection (15), this section applies to a 18 subdelegation of a function in the same way as it applies to a 19 delegation of a function. 20 (15) If this Law authorises the delegation of a function, the 21 function may be subdelegated only if the Law expressly 22 authorises the function to be subdelegated. 23 30 Exercise of powers between enactment and 24 commencement 25 (1) If a provision of this Law (the empowering provision) that 26 does not commence on its enactment would, had it 27 commenced, confer a power-- 28 (a) to make an appointment; or 29 (b) to make a statutory instrument of a legislative or 30 administrative character; or 31 (c) to do another thing; 32 then-- 33 Page 698

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (d) the power may be exercised; and 1 (e) anything may be done for the purpose of enabling the 2 exercise of the power or of bringing the appointment, 3 instrument or other thing into effect; 4 before the empowering provision commences. 5 (2) If a provision of a Queensland Act (the empowering 6 provision) that does not commence on its enactment would, 7 had it commenced, amend a provision of this Law so that it 8 would confer a power-- 9 (a) to make an appointment; or 10 (b) to make a statutory instrument of a legislative or 11 administrative character; or 12 (c) to do another thing; 13 then-- 14 (d) the power may be exercised; and 15 (e) anything may be done for the purpose of enabling the 16 exercise of the power or of bringing the appointment, 17 instrument or other thing into effect; 18 before the empowering provision commences. 19 (3) If-- 20 (a) this Law has commenced and confers a power to make a 21 statutory instrument (the basic instrument-making 22 power); and 23 (b) a provision of a Queensland Act that does not 24 commence on its enactment would, had it commenced, 25 amend this Law so as to confer additional power to 26 make a statutory instrument (the additional 27 instrument-making power); 28 then-- 29 (c) the basic instrument-making power and the additional 30 instrument-making power may be exercised by making 31 a single instrument; and 32 Page 699

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (d) any provision of the instrument that required an exercise 1 of the additional instrument-making power is to be 2 treated as made under subsection (2). 3 (4) If an instrument, or a provision of an instrument, is made 4 under subsection (1) or (2) that is necessary for the purpose 5 of-- 6 (a) enabling the exercise of a power mentioned in the 7 subsection; or 8 (b) bringing an appointment, instrument or other thing 9 made or done under such a power into effect; 10 the instrument or provision takes effect-- 11 (c) on the making of the instrument; or 12 (d) on such later day (if any) on which, or at such later time 13 (if any) at which, the instrument or provision is 14 expressed to take effect. 15 (5) If-- 16 (a) an appointment is made under subsection (1) or (2); or 17 (b) an instrument, or a provision of an instrument, made 18 under subsection (1) or (2) is not necessary for a 19 purpose mentioned in subsection (4); 20 the appointment, instrument or provision takes effect-- 21 (c) on the commencement of the relevant empowering 22 provision; or 23 (d) on such later day (if any) on which, or at such later time 24 (if any) at which, the appointment, instrument or 25 provision is expressed to take effect. 26 (6) Anything done under subsection (1) or (2) does not confer a 27 right, or impose a liability, on a person before the relevant 28 empowering provision commences. 29 (7) After the enactment of a provision mentioned in subsection 30 (2) but before the provision's commencement, this section 31 applies as if the references in subsections (2) and (5) to the 32 commencement of the empowering provision were references 33 Page 700

Heavy Vehicle National Law Amendment Bill 2012 [s 12] to the commencement of the provision mentioned in 1 subsection (2) as amended by the empowering provision. 2 (8) In the application of this section to a statutory instrument, a 3 reference to the enactment of the instrument is a reference to 4 the making of the instrument. 5 Part 5 Distance, time and age 6 31 Matters relating to distance, time and age 7 (1) In the measurement of distance for the purposes of this Law, 8 the distance is to be measured along the shortest road 9 ordinarily used for travelling. 10 (2) If a period beginning on a given day, act or event is provided 11 or allowed for a purpose by this Law, the period is to be 12 calculated by excluding the day, or the day of the act or event, 13 and-- 14 (a) if the period is expressed to be a specified number of 15 clear days or at least a specified number of days--by 16 excluding the day on which the purpose is to be 17 fulfilled; and 18 (b) in any other case--by including the day on which the 19 purpose is to be fulfilled. 20 (3) If the last day of a period provided or allowed by this Law for 21 doing anything is not a business day in the place in which the 22 thing is to be or may be done, the thing may be done on the 23 next business day in the place. 24 (4) If the last day of a period provided or allowed by this Law for 25 the filing or registration of a document is a day on which the 26 office is closed where the filing or registration is to be or may 27 be done, the document may be filed or registered at the office 28 on the next day that the office is open. 29 Page 701

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (5) If no time is provided or allowed for doing anything, the thing 1 is to be done as soon as possible, and as often as the 2 prescribed occasion happens. 3 (6) If, in this Law, there is a reference to time, the reference is, in 4 relation to the doing of anything in a jurisdiction, a reference 5 to the legal time in the jurisdiction. 6 (7) For the purposes of this Law, a person attains an age in years 7 at the beginning of the person's birthday for the age. 8 Part 6 Effect of repeal, amendment or 9 expiration 10 32 Time of Law ceasing to have effect 11 If a provision of this Law is expressed-- 12 (a) to expire on a specified day; or 13 (b) to remain or continue in force, or otherwise have effect, 14 until a specified day; 15 the provision has effect until the last moment of the specified 16 day. 17 33 Repealed Law provisions not revived 18 If a provision of this Law is repealed or amended by a 19 Queensland Act, or a provision of a Queensland Act, the 20 provision is not revived merely because the Queensland Act 21 or the provision of the Queensland Act-- 22 (a) is later repealed or amended; or 23 (b) later expires. 24 34 Saving of operation of repealed Law provisions 25 (1) The repeal, amendment or expiry of a provision of this Law 26 does not-- 27 Page 702

Heavy Vehicle National Law Amendment Bill 2012 [s 12] (a) revive anything not in force or existing at the time the 1 repeal, amendment or expiry takes effect; or 2 (b) affect the previous operation of the provision or 3 anything suffered, done or begun under the provision; or 4 (c) affect a right, privilege or liability acquired, accrued or 5 incurred under the provision; or 6 (d) affect a penalty incurred in relation to an offence arising 7 under the provision; or 8 (e) affect an investigation, proceeding or remedy in relation 9 to such a right, privilege, liability or penalty. 10 (2) Any such penalty may be imposed and enforced, and any such 11 investigation, proceeding or remedy may be begun, continued 12 or enforced, as if the provision had not been repealed or 13 amended or had not expired. 14 35 Continuance of repealed provisions 15 If a Queensland Act repeals some provisions of this Law and 16 enacts new provisions in substitution for the repealed 17 provisions, the repealed provisions continue in force until the 18 new provisions commence. 19 36 Law and amending Acts to be read as one 20 This Law and all Queensland Acts amending this Law are to 21 be read as one. 22 Part 7 Instruments under Law 23 37 Schedule applies to statutory instruments 24 (1) This Schedule applies to a statutory instrument, and to things 25 that may be done or are required to be done under a statutory 26 instrument, in the same way as it applies to this Law, and 27 things that may be done or are required to be done under this 28 Page 703

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Law, except so far as the context or subject matter otherwise 1 indicates or requires. 2 (2) The fact that a provision of this Schedule refers to this Law 3 and not also to a statutory instrument does not, by itself, 4 indicate that the provision is intended to apply only to this 5 Law. 6 Part 8 Application to coastal waters 7 38 Application 8 This Law has effect in and in relation to the coastal waters of 9 this jurisdiction as if the coastal waters were part of this 10 jurisdiction. 11 Page 704

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Schedule 2 Subject matter for conditions of 1 mass or dimension 2 authorities 3 sections 119, 125 and 146 4 1 the maximum permissible mass of a heavy vehicle, a heavy 5 vehicle together with its load, or a component of a heavy 6 vehicle, being used on a road 7 2 the maximum permissible dimensions of a heavy vehicle 8 (including its equipment), or a component or load of a heavy 9 vehicle, being used on a road 10 3 the configuration of a heavy vehicle 11 4 the types of loads a heavy vehicle may carry 12 5 the use of signs and warning devices 13 6 the use of a pilot vehicle or escort vehicle 14 7 the times when a heavy vehicle may be used on a road 15 8 the maximum speed at which a heavy vehicle may be driven 16 on a road 17 9 requirements about monitoring the movement of a heavy 18 vehicle 19 10 the use of stated technology to-- 20 (a) ensure the safe use of a heavy vehicle; or 21 (b) ensure a heavy vehicle will not cause damage to road 22 infrastructure; or 23 (c) minimise the adverse effect of the use of a heavy vehicle 24 on public amenity 25 Page 705

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Schedule 3 Reviewable decisions 1 section 640, definition reviewable decision 2 Part 1 Decisions of Regulator 3 Section under which Description of decision decision made 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) 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) Page 706

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Section under which Description of decision decision made 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 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 Page 707

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Section under which Description of decision decision made 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 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 Page 708

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Section under which Description of decision decision made 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) 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) Page 709

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Section under which Description of decision decision made 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 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 section 474 decision of Regulator to immediately suspend a heavy vehicle accreditation Page 710

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Section under which Description of decision decision made 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 1 officers 2 Section under which Description of decision decision made 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 3 managers 4 Section under which Description of decision decision made 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 Page 711

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Section under which Description of decision decision made 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 Page 712

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Schedule 4 Provisions specified for liability 1 of executive officers for 2 offences by corporations 3 section 636 4 The provisions specified in column 2 of the following table 5 are specified for the purposes of section 636(1). The 6 provisions specified in column 3 of the table are specified for 7 the purposes of section 636(2). 8 9 Column 1 Column 2 Column 3 Section of Provision specified for the Provision specified for the this Law purposes of section 636(1) 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) 186 186(2), 186(3), 186(4), 186(2), 186(3), 186(4), 186(5) 186(5) Page 713

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Column 1 Column 2 Column 3 Section of Provision specified for the Provision specified for the this Law purposes of section 636(1) purposes of section 636(2) 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) 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) Page 714

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Column 1 Column 2 Column 3 Section of Provision specified for the Provision specified for the this Law purposes of section 636(1) purposes of section 636(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 --- 335 335(1) 335(1) 336 336(1) 336(1) 337 337(2) 337(2) 341 341(1), 341(2), 341(3), 341(1), 341(2), 341(3), 341(4) 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) Page 715

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Column 1 Column 2 Column 3 Section of Provision specified for the Provision specified for the this Law purposes of section 636(1) purposes of section 636(2) 355(2) 355(2), 355(4), 355(6), 355(2), 355(4), 355(6), 355(8) 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) 467 467 467 470 470(2), 470(3), 470(4), 470(2), 470(3), 470(4), 470(5), 470(6) 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 Page 716

Heavy Vehicle National Law Amendment Bill 2012 [s 12] Column 1 Column 2 Column 3 Section of Provision specified for the Provision specified for the this Law purposes of section 636(1) purposes of section 636(2) 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) --- 604 604 604 610 610 610 699 699(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)'. � State of Queensland 2012 Page 717

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