Queensland Numbered Acts Queensland Numbered ActsPart 4—
insert—
'In this part—
the Law means the Heavy Vehicle National Law (Queensland).
'In this division—
commissioner means the police commissioner for this jurisdiction.
commissioner's amendment or cancellation decision means a decision of the commissioner—
(a) under section 26, to ask the Regulator to amend or cancel a mass or dimension exemption (notice); or
(b) under section 27, to ask the Regulator to amend or cancel a mass or dimension exemption (permit).
commissioner's conditional decision see section 23(3).
commissioner's refusal decision see section 22(7).
critical area means an area of this jurisdiction shown on a relevant map, as in force when a consent mentioned in section 20 or 21 is given, as a critical area.
critical road means a road in this jurisdiction shown on a relevant map, as in force when a consent mentioned in section 20 or 21 is given, as a critical road.
non-critical area means this jurisdiction, other than any part of this jurisdiction that is a critical area or critical road.
public safety condition means a condition directed at ensuring public safety.
relevant map means a map—
(a) developed by the chief executive in relation to the giving of consents as mentioned in sections 20 and 21; and
(b) as published on the department's website from time to time.
review and appeal information, for a commissioner's conditional decision, a commissioner's refusal decision or a commissioner's amendment or cancellation decision, means the following information—
(a) that, under section 641 of the Law, as applied under this division, a dissatisfied person for the decision may apply to the Regulator to have the decision reviewed;
(b) that, under section 643 of the Law, as applied under this division, the Regulator must refer the application to the commissioner for review;
(c) that the decision of the commissioner on the review is not subject to further review or appeal under the Law.
'(1) For section 118(1)(c) of the Law, the consent of the commissioner is required for a mass or dimension exemption (notice).
'(2) However, a consent is required under subsection (1) for a mass or dimension exemption (notice) only to the extent the exemption applies to any of the following—
(a) the use of class 1 heavy vehicles, of more than a width or length prescribed under a regulation for this paragraph, in a critical area or on a critical road;
(b) the use of class 1 heavy vehicles, of more than a width or length prescribed under a regulation for this paragraph, in the non-critical area.
'(1) For section 124(1)(c) of the Law, the consent of the commissioner is required for a mass or dimension exemption (permit).
'(2) However, a consent is required under subsection (1) for a mass or dimension exemption (permit) only to the extent the exemption applies to any of the following—
(a) the use of a class 1 heavy vehicle, of more than a width or length prescribed under a regulation for this paragraph, in a critical area or on a critical road;
(b) the use of a class 1 heavy vehicle, of more than a width or length prescribed under a regulation for this paragraph, in the non-critical area.
'(1) This section applies if the commissioner's consent to the grant of a mass or dimension exemption is required as mentioned in section 20 or 21.
'(2) The Regulator must ask the commissioner for the consent.
'(3) The commissioner must decide to give or not to give the consent within 28 days after the request is made.
'(4) The commissioner may decide not to give the consent only if the commissioner is satisfied—
(a) the mass or dimension exemption will, or is likely to, adversely affect public safety; and
(b) it is not possible to grant the exemption subject to conditions that will avoid, or significantly minimise, the adverse effects, or likely adverse effects, on public safety.
'(5) Also, in deciding whether or not to give the consent, the commissioner must have regard to the approved guidelines for granting mass or dimension exemptions.
'(6) If the commissioner decides not to give consent to the grant of the exemption, the commissioner must give the Regulator written reasons for the commissioner's decision.
'(7) A decision of the commissioner not to give consent to the grant of a mass or dimension exemption (permit) is a commissioner's refusal decision.
'(1) The commissioner may decide to consent to the grant of a mass or dimension exemption subject to a condition that a stated public safety condition is imposed on the exemption.
'(2) If the commissioner decides to consent in a way mentioned in subsection (1)—
(a) the commissioner must give the Regulator written reasons for the commissioner's decision to give consent to the grant of the exemption subject to the imposition of the public safety condition; and
(b) the Regulator must impose the public safety condition on the exemption.
'(3) A decision of the commissioner to consent to the grant of a mass or dimension exemption (permit) in a way mentioned in subsection (1) is a commissioner's conditional decision.
'(1) This section applies if an application for a mass or dimension exemption (permit) is refused, wholly or partly, because the commissioner has refused to consent to the exemption.
'(2) The information notice for the decision to refuse the application given to the applicant under section 128 of the Law must state the following, in addition to any other information required to be included in the information notice—
(a) that the commissioner has refused to consent to the mass or dimension exemption (permit);
(b) the written reasons given for the commissioner's refusal decision;
(c) the review and appeal information for the commissioner's refusal decision.
'(1) This section applies if—
(a) the Regulator grants a mass or dimension exemption (permit) to a person; and
(b) the exemption is subject to a public safety condition required by the commissioner under section 23.
'(2) If the Regulator is not otherwise required under section 127(1)(b) of the Law to give the person an information notice, the Regulator must nevertheless give the person an information notice for the commissioner's conditional decision.
'(3) If the Regulator is required under section 127(1)(b) to give the person an information notice, the information notice must also apply to the commissioner's conditional decision.
'(4) The information notice, to the extent it applies to the commissioner's conditional decision, must state the following—
(a) that the commissioner consented to the mass or dimension exemption (permit) on the condition that the public safety condition is imposed on the exemption;
(b) the written reasons given for the commissioner's conditional decision;
(c) the review and appeal information for the commissioner's conditional decision.
'(1) This section applies if the commissioner is satisfied that the use of heavy vehicles on a road under a mass or dimension exemption (notice) for which the commissioner's consent was given has adversely affected, or is likely to adversely affect, public safety.
'(2) The commissioner may ask the Regulator to—
(a) amend the mass or dimension exemption (notice), including, for example, by—
(i) amending the areas or routes to which the exemption applies; or
(ii) amending the days or hours to which the exemption applies; or
(iii) imposing or amending public safety conditions; or
(b) cancel the exemption to the extent that, wholly or partly, the exemption has effect in this jurisdiction.
'(3) The Regulator must comply with the request.
'(4) Notice of the amendment or cancellation must be published—
(a) in—
(i) the Commonwealth Gazette; and
(ii) a newspaper circulating generally throughout Queensland; and
(b) on the Regulator's website; and
(c) in any other newspaper the Regulator considers appropriate.
'(5) The amendment or cancellation takes effect—
(a) 28 days after the Commonwealth Gazette notice is published under subsection (4); or
(b) if a later time is stated in the Commonwealth Gazette notice, at the later time.
'(1) This section applies if the commissioner is satisfied that the use of heavy vehicles on a road under a mass or dimension exemption (permit) for which the commissioner's consent was given has adversely affected, or is likely to adversely affect, public safety.
'(2) The commissioner may ask the Regulator to—
(a) amend the mass or dimension exemption (permit), including, for example, by—
(i) amending the areas or routes to which the exemption applies; or
(ii) amending the days or hours to which the exemption applies; or
(iii) imposing or amending public safety conditions; or
(b) cancel the exemption to the extent that, wholly or partly, the exemption has effect in this jurisdiction.
'(3) The Regulator must comply with the request.
'(4) If the mass or dimension exemption (permit) is amended or cancelled under this section, the Regulator must give the holder of the exemption notice of the amendment or cancellation at least 28 days before the amendment or cancellation is to take effect.
'(5) The notice given to the holder must state—
(a) the day the amendment or cancellation is to take effect; and
(b) the reasons given by the commissioner for the amendment or cancellation; and
(c) the review and appeal information for the commissioner's decision.
'Each of the following is taken to be a reviewable decision for Chapter 11 of the Law—
(a) a commissioner's refusal decision;
(b) a commissioner's conditional decision.
(c) a commissioner's amendment or cancellation decision.
'(1) This section makes special provision about how the Law applies in relation to a commissioner's refusal decision, a commissioner's conditional decision or a commissioner's amendment or cancellation decision (the commissioner's decision).
'(2) For applying section 641 of the Law to the commissioner's decision, a dissatisfied person includes—
(a) for a commissioner's refusal decision or a commissioner's conditional decision—the applicant for the mass or dimension exemption (permit) the subject of the decision; and
(b) for a commissioner's amendment or cancellation decision—
(i) if a mass or dimension exemption (notice) is the subject of the decision—a person adversely affected by the decision; or
(ii) if a mass or dimension exemption (permit) is the subject of the decision—the person to whom the exemption was granted.
'(3) Section 642 of the Law does not apply in relation to the commissioner's decision.
'(4) For applying sections 643 to 646 of the Law, a reference to a road manager for a road, or to a road manager, is taken to include a reference to the commissioner.
'(5) The review decision for the commissioner's decision can not be the subject of an appeal under Part 11.3 of the Law.
'(6) Without limiting subsection (5)—
(a) references to an appeal in section 645 of the Law may be ignored; and
(b) section 646(2) of the Law applies only to the extent of section 646(2)(a) and (b).
'(1) A certificate purporting to be issued by the Regulator and stating that, at a stated time or during a stated period or by a stated day—
(a) a stated thing was the property of the Regulator; or
(b) a stated sign was or was not an official traffic sign, contained stated words or was on a stated place; or
(c) a stated vehicle was or was not inspected under the Law; or
(d) a stated vehicle was or was not inspected in compliance with a stated requirement made by an authorised officer; or
(e) an inspection of a stated vehicle under the Law gave stated results; or
(f) a stated application, or another stated document required to be lodged under the Law, was or was not received by the Regulator; or
(g) a stated report or stated information required to be given to the Regulator under the Law was received or was not received by the Regulator; or
(h) no report or information of a stated type, required to be given to the Regulator under the Law, was received by the Regulator; or
(i) a stated vehicle was or was not of a stated type, or was carrying stated goods; or
(j) a stated heavy vehicle was or was not, whether generally or for the purposes of stated circumstances, insured in accordance with the requirements of any third party insurance legislation applying to the vehicle; or
(k) a stated copy of a document was a copy of a document issued, or required to be kept, under the Law; or
(l) a stated document was a manufacturer's specification for a stated type of vehicle;
is evidence of the matter.
'(2) Subsection (1) does not limit section 711 of the Law.
'(3) Section 715 of the Law applies to a matter mentioned in subsection (1)(a) to (l) as if the matter was stated in a certificate under section 711 of the Law.
'(1) A certificate purporting to be issued by the entity that, under section 11, is the road authority for this jurisdiction, and stating that, at a stated time or during a stated period—
(a) stated particulars existed in relation to a stated conviction, disqualification, suspension, cancellation, licence or other stated matter under a transport Act or a corresponding law to a transport Act; or
(b) a stated copy of a document was a copy of a document issued, or required to be kept, under a transport Act or a corresponding law to a transport Act; or
(c) a stated entity was a corresponding authority; or
(d) a stated vehicle was or was not inspected under a transport Act; or
(e) an inspection of a stated vehicle under a transport Act gave stated results;
is evidence of the matter.
'(2) Subsection (1) does not limit section 712 of the Law.
'(3) Section 715 of the Law applies to a matter mentioned in subsection (1)(a) to (e) as if the matter was stated in a certificate under section 712 of the Law.
'(4) In this section—
corresponding authority see the Transport Operations (Road Use Management) Act 1995, schedule 4.
corresponding law see the Transport Operations (Road Use Management) Act 1995, schedule 4.
transport Act see the Transport Operations (Road Use Management) Act 1995, schedule 4.
'Evidence by an authorised officer of the contents of a document issued, or required to be kept, under the Law, that was examined by the officer while it was in someone else's possession, may be given by the officer without the document being produced.
Example—
An authorised officer who examines a driver's work diary may return the work diary to the driver to enable the driver to continue driving. The officer may give evidence of the contents of the work diary without producing it.
'(1) In a proceeding for an offence against the Law, a statement in the complaint for the offence that—
(a) at a stated time or during a stated period—
(i) a stated person was or was not the holder of a driver licence under the Transport Operations (Road Use Management) Act 1995 of any particular class or type; or
(ii) a stated person was or was not the holder of a driver licence under the Transport Operations (Road Use Management) Act 1995 authorising the holder to drive a motor vehicle on a stated road; or
(b) any distance mentioned in the complaint is or was a stated distance or is or was greater or less than a stated distance;
is evidence of the matter.
'(2) Section 715 of the Law applies to the matter mentioned in subsection (1)(b) as if the matter were a matter stated in a certificate to which the section applies.
'(1) It is declared that —
(a) the Regulator is not a public sector employer for the purposes of the Fair Work (Commonwealth Powers) and Other Provisions Act 2009; and
(b) it is the intention of the Parliament that the Regulator be a national system employer for the purposes of the Fair Work Act 2009 (Cwlth).
'(2) No Act of Queensland can have effect to stop the Regulator from being a national system employer for the purposes of the Fair Work Act 2009 (Cwlth).