Heavy Vehicle National Law Act 2012 (Qld)

Heavy Vehicle National Law Act 2012

An Act providing for the adoption of a national law regulating the use of heavy vehicles

Part 1    Preliminary

1   Short title

This Act may be cited as the Heavy Vehicle National Law Act 2012.

2   Commencement

(1)This Act commences on a day to be fixed by proclamation.

(2)However, if no day has been fixed by 1 July 2018, the Act commences on that day.

(3)The Acts Interpretation Act 1954, section 15DA does not apply to this Act.

2A   Special provision about commencement of Heavy Vehicle National Law (Queensland)

(1)The following provisions of the Heavy Vehicle National Law (Queensland), as at the commencement of section 12 of the HVNL Amendment Act, commence on the day that section commences—

(a)Parts 1.1 to 1.3;

(b)Chapter 12;

(c)sections 705 and 707;

(d)Parts 13.4 to 13.6;

(e)Part 14.1;

(f)section 755;

(g)Schedule 1.

(2)The remaining provisions of the Heavy Vehicle National Law (Queensland), as at the commencement of section 12 of the HVNL Amendment Act, commence on a day to be fixed by proclamation.

(3)This section applies despite section 2(1) but does not limit the application of section 2(2) to the provisions of the Heavy Vehicle National Law (Queensland).

(4)In this section—

HVNL Amendment Act means the Heavy Vehicle National Law Amendment Act 2013.

Note—

Section 12 of the HVNL Amendment Act replaces the Schedule.

3   Definitions

(1)For the purposes of this Act, the local application provisions of this Act are the provisions of this Act other than the Heavy Vehicle National Law set out in the Schedule.

(2)In the local application provisions of this Act—

Heavy Vehicle National Law (Queensland) means the provisions applying in this jurisdiction because of section 4.

National Law, for part 4A, see section 42B.

the Law means the Heavy Vehicle National Law (Queensland).

TORUM means the Transport Operations (Road Use Management) Act 1995.

transport Act see TORUM, schedule 4.

(3)Terms used in the local application provisions of this Act and also in the Heavy Vehicle National Law set out in the Schedule have the same meanings in those provisions as they have in that Law.

Part 2    Adoption of Heavy Vehicle National Law

Note—

To ensure harmonisation across Australian jurisdictions, the Heavy Vehicle National Law, in the form set out in the Schedule, is intended for adoption by other jurisdictions as well as Queensland. Accordingly, the Heavy Vehicle National Law is not entirely consistent with Queensland’s current drafting style.

Division 1 General

4   Application of Heavy Vehicle National Law

The Heavy Vehicle National Law set out in the Schedule—

(a)applies as a law of this jurisdiction, as modified by parts 4 and 4A; and

(b)as so applying, may be referred to as the Heavy Vehicle National Law (Queensland); and

(c)so applies as if it were part of this Act.

5   Exclusion of legislation of this jurisdiction

(1)The following Acts of this jurisdiction do not apply to the Heavy Vehicle National Law (Queensland) or to the instruments made under that Law, other than to the extent provided for in subsections (3) to (6) or section 17—

(a)the Acts Interpretation Act 1954;

(b)the Auditor-General Act 2009;

(c)the Financial Accountability Act 2009;

(d)the Information Privacy Act 2009;

(e)the Public Records Act 2023;

(f)the Public Sector Ethics Act 1994;

(g)the Public Sector Act 2022;

(h)the Right to Information Act 2009;

(i)the Statutory Bodies Financial Arrangements Act 1982;

(j)the Statutory Instruments Act 1992.

(2)Also, the Legislative Standards Act 1992 does not apply to a regulation made under the Heavy Vehicle National Law (Queensland), other than to the extent provided for in section 17.

(3)The Acts Interpretation Act 1954, section 20C applies to the Heavy Vehicle National Law (Queensland) and instruments made under that Law.

(4)The Auditor-General Act 2009 applies to the extent provided for in the national regulations under the Heavy Vehicle National Law.

Note—

See the Heavy Vehicle National Law, sections 693 and 730.

(5)The Acts mentioned subsection (1)(d), (e) and (h) apply to the Heavy Vehicle National Law (Queensland), and to the instruments made under that Law, in the way provided by section 696 of the Law.

(6)The Acts mentioned in subsection (1)(b) to (i) apply to an entity of the State exercising functions under the Heavy Vehicle National Law (Queensland).

(7)To remove any doubt, it is declared that—

(a)subsection (1)(a) does not limit the application of the Acts Interpretation Act 1954 to the local application provisions of this Act; and

Example—

The terms ‘magistrate’ in section 14 and ‘QCAT’ in sections 10 and 36 take their meaning from the Acts Interpretation Act 1954, schedule 1.

(b)subsection (1)(j) does not limit the application of the Statutory Instruments Act 1992 to a regulation made under the local application provisions of this Act.

Division 2 Meaning of particular terms for Heavy Vehicle National Law (Queensland)

6   Purpose of div 2

This division defines particular terms, and makes particular declarations, for the purposes of the Heavy Vehicle National Law (Queensland).

7   Definitions of generic terms and terms having meaning provided by this Act

In the Heavy Vehicle National Law (Queensland)—

Magistrates Court ...

police officer means a police officer within the meaning of the Police Service Administration Act 1990.

this jurisdiction means Queensland.

8   Particular laws

(1)For the purposes of the Heavy Vehicle National Law (Queensland)—

(a)the State Penalties Enforcement Act 1999 is declared to be the Infringement Notice Offences Law for this jurisdiction; and

(b)the Work Health and Safety Act 2011 is declared to be the primary WHS Law for this jurisdiction; and

(c)the Transport Operations (Road Use Management—Road Rules) Regulation 2009 is declared to be the Road Rules for this jurisdiction.

(2)An offence against the Heavy Vehicle National Law (Queensland) prescribed under a regulation under the State Penalties Enforcement Act 1999 as an infringement notice offence is an offence prescribed by a law of this jurisdiction for the purposes of section 591 of the Heavy Vehicle National Law (Queensland).

(3)The Transport Operations (Road Use Management) Act 1995 is specified for section 727(1), definition relevant law of the Heavy Vehicle National Law (Queensland).

9   Local government authority

Each of the following is declared to be a local government authority for this jurisdiction for the purposes of the Heavy Vehicle National Law (Queensland)—

(a)the Brisbane City Council;

(b)a local government under the Local Government Act 2009.

10   Relevant tribunal or court

(1)Subject to subsections (2) and (3), QCAT is declared to be the relevant tribunal or court for this jurisdiction for the purposes of the Heavy Vehicle National Law (Queensland).

(2)A Magistrates Court is declared to be the relevant tribunal or court for this jurisdiction for the purposes of the following provisions of the Heavy Vehicle National Law (Queensland)—

(a)section 556;

(b)section 560;

(c)section 565;

(d)section 590D.

(3)The reference to a relevant tribunal or court in section 727(1), definition protected information, paragraph (b)(iii) is a reference to any tribunal or court.

11   Road authority

The chief executive of the department in which the Transport Operations (Road Use Management) Act 1995 is administered is declared to be the road authority for this jurisdiction for the purposes of the Heavy Vehicle National Law (Queensland).

12   Road manager for a road

(1)The following entity is declared to be the road manager for a road in this jurisdiction for the purposes of the Heavy Vehicle National Law (Queensland)—

(a)for a State-controlled road—the chief executive of the department in which the Transport Infrastructure Act 1994, chapter 6 is administered;

(b)for a road controlled by a local government authority—the local government authority;

(c)for the Airport Link franchised road—a franchisee for the road;

(d)for a franchised road other than the Airport Link franchised road—the chief executive of the department in which the Transport Infrastructure Act 1994, chapter 6 is administered;

(e)for a local government franchised road—a local government franchisee of the road;

(f)for another road—an owner of the road.

(2)In this section—

Airport Link franchised road means the franchised road known as the ‘Airport Link’ the subject of the gazette notice under the Transport Infrastructure Act 1994, section 93 made on 18 July 2008.

franchised road see the Transport Infrastructure Act 1994, schedule 6.

franchisee, for the Airport Link franchised road, means a person who, under the Transport Infrastructure Act 1994, is a franchisee for the road franchise agreement for the road.

local government franchised road see the Transport Infrastructure Act 1994, section 105B.

local government franchisee, for a local government franchised road, means a person who, under the Transport Infrastructure Act 1994, chapter 6, part 8, is a local government franchisee for the local government tollway franchise agreement for the road.

local government tollway franchise agreement see the Transport Infrastructure Act 1994, section 105Y.

road franchise agreement see the Transport Infrastructure Act 1994, section 85.

State-controlled road see the Transport Infrastructure Act 1994, schedule 6.

13   Police officers who are authorised officers

Every police officer is declared to be an authorised officer for the purposes of the Heavy Vehicle National Law (Queensland).

Note—

See also section 35.

14   Authorised warrant official

Each magistrate is declared to be an authorised warrant official for the purposes of the Heavy Vehicle National Law (Queensland).

15   Areas that are roads

A busway within the meaning given by the Transport Infrastructure Act 1994 is declared to be a road for the purposes of the Heavy Vehicle National Law (Queensland).

16   [Repealed]

Part 3    National regulations

17   Parliamentary scrutiny of national regulations

(1)The Statutory Instruments Act 1992, sections 49 to 51 apply to a national regulation as if—

(a)a reference in the sections to subordinate legislation were a reference to a national regulation; and

(b)the reference to notified under section 47 in section 49 of that Act were a reference to published as mentioned in section 733(1) of the Heavy Vehicle National Law (Queensland).

Note—

Generally speaking, the Statutory Instruments Act 1992, sections 49 to 51 deal with the tabling and disallowance of subordinate legislation and the limited saving of operation of subordinate legislation that ceases to have effect.

(2)The Legislative Standards Act 1992, part 4 applies to a national regulation as if—

(a)a reference in the part to subordinate legislation were a reference to a national regulation; and

(b)the reference to the responsible Minister in section 22(2) of that Act were a reference to the Minister who administers the Heavy Vehicle National Law (Queensland).

Note—

Generally speaking, the Legislative Standards Act 1992, part 4 deals with the tabling and content of explanatory notes for Bills and subordinate legislation.

(3)A committee of the Legislative Assembly may deal with a national regulation, under the Parliament of Queensland Act 2001, as if a reference in the Act to subordinate legislation, or an item of subordinate legislation, were a reference to a national regulation.

(4)For subsection (3), the Legislative Standards Act 1992, section 4 applies to a national regulation as if a reference in the section to subordinate legislation were a reference to a national regulation.

Note—

Generally speaking, the Legislative Standards Act 1992, section 4 deals with the application of fundamental legislative principles to Bills and subordinate legislation.

(5)If a national regulation ceases to have effect because of the operation of subsection (1), the national regulation ceases to have effect for the purposes of the Heavy Vehicle National Law (Queensland), but the cessation does not affect the application of the regulation in any other jurisdiction.

(6)In this section—

national regulation means a regulation, or a provision of a regulation, made under the Heavy Vehicle National Law set out in the Schedule.

Part 4    Provisions specific to this jurisdiction

Division 1 Preliminary

18   Definitions for pt 4

In this part—

commissioner means the police commissioner of this jurisdiction.

public safety condition means a condition directed at ensuring public safety.

Division 2 Requirement for commissioner’s consent for mass or dimension exemptions

19   Definitions for div 2

In this division—

commissioner ...

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 ...

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.

20   Other consents under s 118 of 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.

(3)To remove any doubt, it is declared that subsection (1), as limited by subsection (2), is, for section 167(2)(d) of the Law, a law of this jurisdiction that requires consultation with third parties.

21   Other consents under s 124 of the Law

(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.

(3)To remove any doubt, it is declared that subsection (1), as limited by subsection (2), is, for section 167(2)(d) of the Law, a law of this jurisdiction that requires consultation with third parties.

22   Deciding request for consent generally

(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.

23   Imposition of conditions

(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.

24   Information notice for decision to refuse application because commissioner did not give consent

(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.

25   Information notice for imposition of condition requested by commissioner

(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.

26   Amendment or cancellation of mass or dimension exemption (notice) on request by commissioner

(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)The Regulator must publish notice of the amendment or cancellation—

(a)in the Commonwealth Gazette; and

(b)on the Regulator’s website; and

(c)if the Regulator considers it appropriate—in another way, including, for example, in a national newspaper.

(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.

27   Amendment or cancellation of mass or dimension exemption (permit) on request by commissioner

(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.

28   Reviewable decisions

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.

29   Applying review and appeal provisions of the Law

(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).

Division 3 Additional evidentiary provisions

30   Additional Regulator certificates

(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;

(m)a stated vehicle’s GCM or GVM was a stated amount, and how the amount was identified;

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 (m) as if the matter was stated in a certificate under section 711 of the Law.

31   Additional road authority certificates

(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; or

(f)a stated vehicle’s GCM or GVM was a stated amount, and how the amount was identified; or

(g)a stated vehicle was or was not registered under TORUM as a heavy vehicle; or

(h)a stated vehicle registered under TORUM was or was not registered as a heavy vehicle of a stated category; or

(i)a stated person was or was not the registered operator, under TORUM, of a stated vehicle; or

(j)a stated registration under TORUM was or was not amended or cancelled under that Act;

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 (f) 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.

32   Evidence of contents of document examined by authorised officer

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.

33   Averments

(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.

Division 4 Special provisions about Regulator

34   Declarations about industrial relations status of Regulator

(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).

Division 4A Transfer of particular employees, vehicles and proceedings

34A   Definitions for division

In this division—

directive means a directive made under the Public Sector Act 2022.

TMR means the department administering the Transport Operations (Road Use Management) Act 1995.

transfer day see section 34B(2).

transferring employee means an employee of TMR identified in a transfer schedule.

transfer schedule see section 34B(1).

34B   Transfer schedule

(1)The Minister may make 1 or more schedules (a transfer schedule) identifying the following matters—

(a)the employees of TMR that are to be transferred to the Regulator under this division;

(b)the directives that are to apply to an employee mentioned in paragraph (a) for the purpose of section 34C;

(c)the vehicles operated by the State that are to be transferred to the Regulator and to which section 34E applies.

(2)If a transfer schedule identifies employees or vehicles for the purpose of transferring the employees or vehicles to the Regulator, the Minister must state in the schedule the day (the transfer day) the employees or vehicles are transferred to the Regulator under this division.

34C   Transferring TMR employees

(1)On the transfer day—

(a)a transferring employee ceases to be an employee of TMR; and

(b)a transferring employee becomes an employee of the Regulator; and

(c)TMR’s records, to the extent they relate to the employment of transferring employees, become records of the Regulator; and

(d)TMR’s liabilities relating to a transferring employee’s accrued rights to annual, sick, long service or other leave become the liabilities of the Regulator.

(2)The Regulator and TMR must do all things necessary to enable the transfer of a transferring employee under subsection (1).

(3)TMR may retain copies of the records mentioned in subsection (1)(c).

(4)TMR must pay to the Regulator an amount equivalent to the liabilities of TMR mentioned in subsection (1)(d).

(5)A reference in this section to an employee’s rights to recreation, sick, long service or other leave includes a reference to the employee’s rights under a directive identified in a transfer schedule for the employee as that directive applies to the employee on the transfer day.

34D   Rights of transferring employees

(1)The transfer of an employee of TMR under section 34C does not—

(a)affect the employee’s benefits, entitlements or remuneration; or

(b)prejudice the employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or

(c)interrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or

(d)entitle the employee to a payment or other benefit from the State because the employee is no longer employed by TMR; or

(e)require TMR to make any payment to the employee in relation to the employee’s accrued rights to recreation, sick, long service or other leave.

(2)Despite any other law, employment arrangement or directive, the transfer of an employee under section 34C(1)(a) does not—

(a)entitle the transferring employee to a payment or other benefit for a retrenchment or redundancy; or

(b)require TMR or the State to find the employee alternative employment.

(3)A reference in this section to an employee’s benefits, entitlements or remuneration, or rights to superannuation or recreation, sick, long service or other leave, includes a reference to the employee’s benefits, entitlements, remuneration or rights under a directive identified in a transfer schedule for the employee as that directive applies to the employee on the transfer day.

(4)A directive identified in a transfer schedule that is not a copied State instrument under the Fair Work Act 2009 (Cwlth) ceases to operate for a transferring employee when the directives that are copied State instruments under the Fair Work Act 2009 (Cwlth) cease to operate under section 768AO of that Act.

(5)In this section—

copied State instrument see the Fair Work Act 2009 (Cwlth), section 768AH.

34E   Transferring vehicles

(1)This section applies to a vehicle operated by the State identified in a transfer schedule and transferred to the Regulator.

(2)The State and the Regulator are exempt from complying with a process or requirement under the following laws that the entities would otherwise be required to comply with for the purpose of registering or recording the transfer of the vehicle—

(a)the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021, part 3, division 3;

(b)the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021, part 6.

34F   Current proceedings

If a proceeding by or against TMR, relating to an employee transferred under section 34C, has not been concluded before the transfer day—

(a)the proceeding must be continued and concluded by or against TMR; and

(b)TMR is liable for any liability of TMR that arose before the transfer day, or arises after the transfer day, as a result of—

(i)the proceeding; or

Examples of liabilities for subparagraph (i)—

•a judgment debt

•a liability incurred as a result of discontinuing the proceeding

•costs of the proceeding

(ii)an act or omission that is the subject of the proceeding.

Division 5 Other specific provisions

35   Application of particular provisions to police officers

A provision of Chapter 9 of the Heavy Vehicle National Law (Queensland) that corresponds to a provision of the Police Powers and Responsibilities Act 2000 does not apply to an authorised officer who is a police officer.

36   Review of decision by QCAT as relevant tribunal or court

A reference in the Heavy Vehicle National Law (Queensland) to an appeal against a decision is, for an appeal to QCAT as the relevant tribunal or court, a reference to a review of the decision as provided under the QCAT Act.

37   Use of force

(1)For section 491(2) of the Law, a police officer is authorised to use force against a person in the exercise or purported exercise of a function under Chapter 9 of the Law if the Police Powers and Responsibilities Act 2000 authorises the police officer to use the force against the person.

(2)For section 492(1)(b) of the Law, the exercise of the power to use force against property is authorised for the purposes of the following provisions of the Law—

(a)section 497(4)(a);

(b)section 498(6);

(c)section 500(2)(c);

(d)section 518(6)(b);

(e)section 519(7);

(f)section 521(1);

(g)section 523(2).

38   Power to seize

If, apart from section 552(1) of the Law, a heavy vehicle, or a thing mentioned in section 552(1)(b) of the Law, is a thing that may be seized under Chapter 9 of the Law, it may be seized under Chapter 9 of the Law despite section 552(1).

39   Power to require production of driver licence

(1)An authorised officer may, for compliance purposes, require the driver of a heavy vehicle to produce for inspection by the officer the driver’s driver licence.

(2)A person of whom a requirement is made under subsection (1) must comply with the requirement, unless the person has a reasonable excuse.

Maximum penalty—45 penalty units.

(3)It is not a reasonable excuse for the person to fail to comply with a requirement made under subsection (1)—

(a)that the person does not have the driver licence in his or her immediate possession; or

(b)that complying with the requirement might tend to incriminate the person or make the person liable to a penalty.

(4)The authorised officer may take a copy of, or an extract from, the driver’s driver licence.

40   Commissioner consent for grant of blue light vehicle standards exemption

(1)The Regulator may, under the Law, grant a blue light vehicle standards exemption only with the consent of the commissioner.

(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 to give the consent only if the commissioner is satisfied that the blue light vehicle standards exemption will not, or is not likely to, adversely affect public safety.

(5)Without limiting subsection (4), the commissioner must be satisfied that the exemption will not, or is not likely to, operate to reduce the effectiveness of using blue lights to clearly identify to other road users vehicles being used for law enforcement or for an emergency.

(6)Also, in deciding whether or not to give the consent, the commissioner must have regard to the approved guidelines for granting vehicle standards exemptions.

(7)The commissioner may decide to consent to the grant of a blue light vehicle standards exemption subject to a condition that a stated public safety condition is imposed on the exemption.

(8)If the commissioner decides to consent in a way mentioned in subsection (7), the Regulator must impose the public safety condition on the exemption.

(9)Section 26 applies to a blue light vehicle standards exemption (notice) as if the exemption were a mass or dimension exemption (notice) for which the commissioner’s consent was given.

(10)Section 27, other than section 27(5)(b) and (c), applies to a blue light vehicle standards exemption (permit) as if the exemption were a mass or dimension exemption (permit) for which the commissioner’s consent was given.

(11)This section applies in relation to a blue light whether or not it is a light that flashes.

(12)In this section—

blue light vehicle standards exemption means—

(a)a blue light vehicle standards exemption (notice); or

(b)a blue light vehicle standards exemption (permit).

blue light vehicle standards exemption (notice) means a vehicle standards exemption (notice) that permits heavy vehicles of the category the subject of the exemption to be fitted with a blue light.

blue light vehicle standards exemption (permit) means a vehicle standards exemption (permit) that permits the heavy vehicle the subject of the exemption to be fitted with a blue light.

41   Commissioner permission for fitting of blue light if vehicle standards exemption is not required

(1)This section applies to a heavy vehicle, other than a police vehicle, that under the heavy vehicle standards may be fitted with a blue light.

(2)The heavy vehicle standards are taken to further provide that the heavy vehicle may be fitted with a blue light only if the commissioner has given written permission for the fitting of the light.

(3)A written permission for the fitting with a blue light of a heavy vehicle to which this section applies, given by the commissioner before the commencement of this section and still in force immediately before the commencement, is taken to be a written permission for the fitting of the light given under subsection (2).

(4)This section applies in relation to a blue light whether or not it is a light that flashes.

(5)In this section—

police vehicle means a heavy vehicle driven by a police officer in the course of the police officer’s duty.

42   Provision of information and assistance by Queensland information holder

(1)Despite any other Act or law, a Queensland information holder is authorised, on the Queensland information holder’s own initiative or at the request of the Regulator—

(a)to provide the Regulator with information (including personal information and information given in confidence) held by the department and reasonably required by the Regulator for administering the Law; and

(b)to provide the Regulator with other assistance reasonably required by the Regulator to exercise a function under the Law.

(2)To remove any doubt, it is declared that information given to the Regulator as authorised under subsection (1) is taken to be information obtained in the course of administering the Law, as mentioned in section 727(1), definition protected information, paragraph (a) of the Law.

(3)This section does not limit section 660 of the Law.

(4)Nothing done, or authorised to be done, by a Queensland information holder in acting under subsection (1)—

(a)constitutes a breach of, or default under, an Act or other law; or

(b)constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or

(c)constitutes a breach of a duty of confidence (whether arising by contract, in equity or by custom or in any other way); or

(d)constitutes a civil or criminal wrong; or

(e)terminates an agreement or obligation, or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy; or

(f)releases a surety or any other obligee wholly or in part from an obligation.

(5)In this section—

Queensland information holder means—

(a)the chief executive; or

(b)an officer or employee of the department who has access to information held by the department in the ordinary course of performing duties in the department.

42A   Authorisation for s 688 of the Law (Payments into Fund)

(1)For section 688(1)(e) of the Law, an amount equal to the regulatory component of the charges payable for the registration of heavy vehicles is to be paid into the Fund.

(2)In this section—

regulatory component, of the charges payable for the registration of heavy vehicles, means the component of the charges prescribed under TORUM as the regulatory component of the charges.

Part 4A    Other modifications of National Law

42B   Meaning of National Law

In this part—

National Law means the Heavy Vehicle National Law set out in the Schedule.

42C   Operation of pt 4A

This part states other modifications of the National Law for the purpose of applying the Law as a law of this jurisdiction under section 4.

42CA    Amendment of s 479 (Functions of authorised officers)

National Law, section 479—
insert—

(3)An authorised officer also has the functions conferred on the officer under another law of this jurisdiction.

Editor’s note—

This subsection is an additional Queensland provision.

42CB    Amendment of s 583 (Regulator may exercise powers of authorised officers)

National Law, section 583(1)—
omit, insert—

(1)The Regulator may exercise a power that is conferred on authorised officers under this Law or another law of this jurisdiction, and accordingly the functions of the Regulator include the powers exercisable by the Regulator under this subsection.

Editor’s note—

This subsection is a substituted Queensland provision.

42D   Amendment of s 598 (Power to cancel or suspend vehicle registration)

National Law, s 598(2)—

omit, insert—

(2)The court may make an order that the registration of a heavy vehicle in relation to which the offence was committed and of which the person is a registered operator is cancelled.

Editor’s note—

This subsection is a substituted Queensland provision.

42DA    Amendment of s 659 (Functions of Regulator)

National Law, section 659—
insert—

(3)The Regulator also has the functions conferred on it under another law of this jurisdiction.

Editor’s note—

This subsection is an additional Queensland provision.

42E   Amendment of s 707A (Proceeding for other offences)

National Law, section 707A—
insert—

(4)A complaint for a fatigue management offence may be heard at a place appointed for holding Magistrates Courts within the district within which the defendant was required to produce the defendant’s work diary under section 568.

Editor’s note—

This subsection is an additional Queensland provision.

(5)Subsection (4) has effect despite, but does not limit, the Justices Act 1886, section 139.

Editor’s note—

This subsection is an additional Queensland provision.

(6)In this section—

fatigue management offence means an offence against any of the following provisions—

(a)section 250;

(b)section 251;

(c)section 254;

(d)section 256;

(e)section 258;

(f)part 6.4.

Editor’s note—

This subsection is an additional Queensland provision.

Part 5    Miscellaneous

43   Regulation-making power

(1)The Governor in Council may make regulations under the local application provisions of this Act.

(2)A regulation may modify the application of a national regulation in Queensland.

43A   Fees payable under Heavy Vehicle National Law (Queensland)

(1)This section provides for the fee payable for a matter under the Heavy Vehicle National Law (Queensland) if a provision of the Law refers to a fee that is or may be payable under a law of this jurisdiction for the matter.

(2)The fee payable for the matter, if any, is the amount prescribed under a regulation for the matter.

Part 6    Savings and transitional provisions

Division 1 The Regulator

44   Savings provision for Regulator

(1)This section has effect for the purposes of—

(a)the commencement, on 12 October 2012, of Chapters 12 and 14 of the original HVNL(Q); and

(b)the commencement, after 12 October 2012, of Chapter 12 and Part 14.1 of the new HVNL(Q).

(2)Anything done under Chapter 12 or 14 of the original HVNL(Q) and still in effect immediately before the relevant commencement continues to have effect after the relevant commencement and may, if the circumstances permit, be taken to have been done under Chapter 12 or Part 14.1 of the new HVNL(Q).

(3)Without limiting subsection (2), the following things continue to have effect after the relevant commencement—

(a)establishment of the Regulator under the original HVNL(Q);

(b)appointment of members of the Board as in office immediately before the relevant commencement;

(c)appointment of the chief executive officer by the Board;

(d)decisions of the Board still in force immediately before the relevant commencement;

(e)actions taken by the Regulator still in effect immediately before the relevant commencement;

(f)agreements entered into by the Regulator and still in force immediately before the relevant commencement.

(4)In this section—

new HVNL(Q) means the Heavy Vehicle National Law (Queensland) as at the commencement of this section.

original HVNL(Q) means the Heavy Vehicle National Law (Queensland) as at 12 October 2012.

relevant commencement means the commencement of Chapter 12 of the new HVNL(Q).

Division 2 Operation of general savings and transitional provision

45   Definitions for div 2

In this division—

commencement means the commencement of this division.

general savings and transitional provision means section 748 of the Law.

46   Operation of general savings and transitional provision

This division does not affect the operation of the general savings and transitional provision except to the extent expressly provided for.

47   Investigation and enforcement for offences committed before commencement

(1)To remove any doubt, it is declared that the general savings and transitional provision does not affect the operation of the Acts Interpretation Act 1954, section 20 in relation to a relevant offence.

(2)A transport Act, as in force before the commencement, continues to apply for the purposes of a relevant offence—

(a)as if the Law was not in force; and

(b)if the transport Act was amended on the commencement—as if the transport Act had not been amended on the commencement.

Example—

In the investigation of a relevant offence, an embargo notice is issued, before the commencement, under section 46B of TORUM. A breach of the embargo notice after the commencement would be dealt with as an offence under TORUM as in force before the commencement.

(3)Without limiting subsections (1) and (2)—

(a)a transport Act, as in force before the commencement, continues to have effect for all matters arising, whether before or after the commencement—

(i)in the investigation of the relevant offence; or

(ii)in the enforcement of any transport Act in relation to the relevant offence; and

(b)a proceeding for the relevant offence or an associated offence may be started under a transport Act as in force before the commencement; and

(c)the State Penalties Enforcement Act 1999, as in force before the commencement, applies to the relevant offence and any associated offence.

Examples—

1In the investigation of a relevant offence, an embargo notice could be issued, after the commencement, under section 46B of TORUM. A subsequent breach of the embargo notice would be dealt with as an offence under TORUM as in force before the commencement.

2A provision of TORUM that is repealed on the commencement, but that was in force before the commencement as an aid to the giving of evidence, would continue to apply, or could be applied, for a proceeding for an offence against a transport Act alleged to have been committed before the commencement.

(4)Section 748(5) of the Law applies to a relevant prosecution as if it were a prosecution referred to in section 748(3)(c) of the Law.

(5)In this section—

associated offence means any offence arising out of any investigation or enforcement as mentioned in subsection (3)(a).

relevant offence means an offence committed or suspected to have been committed under a transport Act before the commencement.

relevant prosecution means the prosecution of—

(a)a relevant offence; and

(b)any other offence that, under this section, is dealt with as an offence under a transport Act.

48   Particular orders continue to have effect under TORUM after commencement

(1)The general savings and transitional provision does not apply to a TORUM order or VSS notice.

(2)TORUM, as in force before the commencement, continues to apply for the purposes of a TORUM order as if—

(a)the Law was not in force; and

(b)TORUM had not been amended on the commencement.

Example—

Before the commencement, a court made a supervisory intervention order under section 164B of TORUM, requiring a person to give a compliance report to the chief executive, as mentioned in section 164C of TORUM, by a stated time that is after the commencement. A failure to give the report by the stated time would be dealt with as an offence under section 164E of TORUM even though sections 164B and 164E are repealed on the commencement.

(3)TORUM, including the VSS regulation, as in force immediately before the commencement, continues to apply for the purposes of a VSS notice as if—

(a)the Law was not in force; and

(b)TORUM, including the VSS regulation, had not been amended on the commencement.

(4)Without limiting subsections (2) and (3)—

(a)TORUM, including the VSS regulation, as in force before the commencement, continues to have effect for all matters arising after the commencement—

(i)in the investigation of a relevant offence; or

(ii)in the enforcement of TORUM, including the VSS regulation, in relation to a relevant offence; and

(b)a proceeding for a relevant offence may be started under TORUM as in force before the commencement; and

(c)the State Penalties Enforcement Act 1999, as in force before the commencement, continues to have effect in relation to a relevant offence.

(5)Section 748(5) of the Law applies to the prosecution of a relevant offence as if it were a prosecution referred to in section 748(3)(c) of the Law.

(6)In this section—

relevant offence means an offence committed after the commencement relating to noncompliance with a TORUM order or VSS notice.

TORUM order means a requirement, direction, authorisation, notice or order if—

(a)it was made or given under a TORUM order provision before the commencement; and

(b)it applied to a vehicle that, on the commencement, becomes a heavy vehicle under the Law; and

(c)immediately before the commencement it was still in force to require a person to do or not to do something.

TORUM order provision means any of the following provisions of TORUM as in force before the commencement—

(a)section 36;

(b)section 37(1);

(c)section 38(2);

(d)section 39E(2) or (4);

(e)section 39F(2);

(f)section 39G(2);

(g)section 39K(2) or (3);

(h)section 39L(2) or (3);

(i)section 39M(2);

(j)section 39N(2);

(k)section 39Q(2);

(l)section 164B.

VSS notice means a defect notice given under section 8(2) of the VSS regulation if—

(a)it was given before the commencement; and

(b)it applied to a vehicle that, on the commencement, becomes a heavy vehicle under the Law; and

(c)immediately before the commencement it was still in force to require a person to do or not to do something.

VSS regulation means the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2010 of Queensland.

49   Continuation of work diary exemption

(1)A relevant exemption continues in force under the Law to the greatest practicable extent as if it were a work diary exemption (permit) under the Law.

(2)However, for applying the Law to it, the relevant exemption—

(a)is not, and can not be made, the subject of a standard hours condition; and

(b)can not, when subsection (1) commences to have effect in relation to it, be made subject to any other conditions as mentioned in section 366(2) of the Law; and

(c)except to the extent it is amended or cancelled under section 370, 371 or 372 of the Law, continues in force until it would have expired if the Law had not been enacted.

(3)This section does not limit the application of the general savings and transitional provision to a work diary exemption under the fatigue regulation that is not a relevant exemption.

(4)In this section—

fatigue regulation means the Transport Operations (Road Use Management—Fatigue Management) Regulation 2008 of Queensland.

relevant exemption means a work diary exemption under the fatigue regulation if the exemption—

(a)was granted on the basis of the chief executive’s satisfaction under section 158(3)(a) of the fatigue regulation; and

(b)was in force immediately before the commencement of this section.

standard hours condition means a condition as mentioned in section 366(1) of the Law.

50   Declaratory regulation-making power for general savings and transitional provision

(1)A regulation (a declaratory regulation) may make provision of a declaratory nature, as provided for in subsection (2), in relation to the operation of the general savings and transitional provision.

(2)A declaratory regulation may in relation to a particular thing done under the former legislation before the commencement—

(a)declare that the general savings and transitional provision applies to it; or

(b)declare how the general savings and transitional provision applies to it.

(3)A declaratory regulation has effect according to its terms.

(4)The operation of the general savings and transitional provision is not limited by the making of a declaratory regulation other than to the extent provided for in the declaratory regulation.

(5)The transitional regulation-making power as provided for in division 3 does not apply to a declaratory regulation lawfully made under this section even if, apart from this section, the declaratory regulation could be made as a transitional regulation.

(6)A declaratory regulation may not have retrospective operation.

(7)If a declaratory regulation commences after the commencement, it does not affect the operation of the general savings and transitional provision in a way that disadvantages a person by—

(a)decreasing the person’s rights; or

(b)imposing liabilities on the person.

(8)A declaratory regulation must declare it is a declaratory regulation.

Division 3 General transitional matters

51   [Expired]

52   References in documents to repealed or amended provisions

(1)This section applies to a document if—

(a)there is a reference in the document to a provision (the affected provision) of TORUM as in force before the commencement of this section; and

(b)the affected provision is repealed or amended on the commencement of this section having regard to the commencement of the Law.

(2)The reference may, if the context permits, be taken to be a reference to a provision of the Law corresponding to the affected provision.

(3)In this section—

document does not include an Act.

Division 4 [Repealed]

53   [Repealed]

54   [Repealed]

55   [Repealed]

56   [Repealed]

57   [Repealed]

58   [Repealed]

59   [Repealed]

60   [Repealed]

61   [Repealed]

62   [Repealed]

63   [Repealed]

Schedule Heavy Vehicle National Law

section 4

Chapter 1    Preliminary

Part 1.1    Introductory matters

1   Short title

This Law may be cited as the Heavy Vehicle National Law.

2   Commencement

This Law commences in a participating jurisdiction as provided by the Act of that jurisdiction that applies this Law as a law of that jurisdiction.

3   Object of Law

The object of this Law is to establish a national scheme for facilitating and regulating the use of heavy vehicles on roads in a way that—

(a)promotes public safety; and

(b)manages the impact of heavy vehicles on the environment, road infrastructure and public amenity; and

(c)promotes industry productivity and efficiency in the road transport of goods and passengers by heavy vehicles; and

(d)encourages and promotes productive, efficient, innovative and safe business practices.

4   Regulatory framework to achieve object

The object of this Law is to be achieved by a regulatory framework that—

(a)establishes an entity (the National Heavy Vehicle Regulator) with functions directed at ensuring the object is achieved; and

(b)provides for a database of heavy vehicles; and

(c)prescribes requirements about the following—

(i)the standards heavy vehicles must meet when on roads;

(ii)the maximum permissible mass and dimensions of heavy vehicles used on roads;

(iii)securing and restraining loads on heavy vehicles used on roads;

(iv)preventing drivers of heavy vehicles exceeding speed limits;

(v)preventing drivers of heavy vehicles from driving while fatigued; and

(d)imposes duties and obligations directed at ensuring heavy vehicles and drivers of heavy vehicles comply with requirements mentioned in paragraph (c)(i) to (v) on persons whose activities may influence whether the vehicles or drivers comply with the requirements; and

(e)includes measures directed at the matters mentioned in section 3(c) and (d) by allowing improved access to roads in certain circumstances, including by—

(i)allowing heavy vehicles, that would otherwise be prevented from being used on roads, access to the roads through exemptions or authorisations granted in circumstances in which the matters mentioned in section 3(a) and (b) will not be compromised; and

(ii)providing for accreditation schemes allowing operators of heavy vehicles who adopt best practices directed at the matters mentioned in section 3 to be subject to alternative requirements more suited to the operators’ business operations.

Part 1.2    Interpretation

5   Definitions

In this Law—

100km work, for the purposes of Chapter 6, has the meaning given by section 289(1).

100+km work, for the purposes of Chapter 6, has the meaning given by section 289(2).

accreditation certificate means—

(a)for a heavy vehicle accreditation granted under this Law—the accreditation certificate given for the accreditation under section 464; or

(b)for a heavy vehicle accreditation granted under another law of a participating jurisdiction—the certificate of accreditation (however called) issued for the accreditation under that law.

ADR means—

(a)a third edition ADR; or

(b)a second edition ADR.

advice purposes means providing advice, information and education to persons with duties or obligations under this Law about compliance with the duties or obligations.

AFM accreditation means—

(a)AFM accreditation granted under section 458; or

(b)accreditation of a similar kind under another law of a participating jurisdiction.

AFM fatigue management system, for the purposes of Chapters 6 and 8, has the meaning given by section 457.

AFM hours, for the purposes of Chapters 6 and 8, has the meaning given by section 257.

AFM standards and business rules, for the purposes of Chapter 8, has the meaning given by section 457.

agricultural implement means a vehicle without its own automotive power, built to perform agricultural tasks, and includes an agricultural trailer.

Examples—

•auger

•conveyor

•field bin

•harvester front

•irrigating equipment or machinery

agricultural machine means a vehicle with its own automotive power, built to perform agricultural tasks.

Examples—

harvester, tractor

agricultural task means a task carried out in agriculture.

Examples of an agricultural task—

•cultivating land

•growing and harvesting crops

•rearing livestock

agricultural trailer means a trailer that is designed to carry a load and used exclusively to perform agricultural tasks, but does not include a semitrailer.

agricultural vehicle means an agricultural implement or agricultural machine.

Application Act, of this jurisdiction, means the Act of this jurisdiction by which this Law applies as a law of this jurisdiction.

appropriately qualified, for a function, includes having the qualifications, experience or standing appropriate to exercise the function.

Example of standing—

a person’s classification level or position in the public service or a government agency of a participating jurisdiction

approved, by the responsible Ministers, for the purposes of Chapter 8, has the meaning given by section 457.

approved auditor, for the purposes of Chapter 8, has the meaning given by section 457.

approved electronic recording system has the meaning given by section 221.

approved form means a form approved by the Regulator under section 735.

approved guidelines means guidelines approved by the responsible Ministers under section 653.

approved intelligent transport system has the meaning given by section 403.

approved sleeper berth, for the purposes of Chapter 6, has the meaning given by section 221.

approved vehicle examiner means a person approved as a vehicle examiner under the national regulations (as referred to in section 731).

articulated bus means a bus with 2 or more rigid sections connected to one another in a way that allows—

(a)passenger access between the sections; and

(b)rotary movement between the sections.

AS means an Australian standard made or published by Standards Australia.

associate, of a person, means—

(a)if the person is an individual—

(i)the individual’s spouse or de facto partner; or

(ii)a relative of the individual, whether by blood, spousal relationship or adoption; or

(iii)an employee of the individual; or

(iv)an employee of a corporation of which the individual is an executive officer; or

(v)a partner of the individual; or

(vi)a corporation of which the individual is an executive officer; or

(vii)a corporation in which the individual holds a controlling interest; or

(viii)a person who is a trustee of a trust of which the individual is a trustee or beneficiary; or

(ix)a person who is a beneficiary of a trust of which the individual is a trustee or beneficiary; or

(x)a person who is accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of the individual; or

(xi)a person who is an associate of someone who is an associate of the individual; or

(b)if the person is a corporation—

(i)an executive officer of the corporation; or

(ii)an associate of an executive officer of the corporation; or

(iii)an employee of the corporation; or

(iv)a person who holds a controlling interest in the corporation; or

(v)a related body corporate, within the meaning of the Corporations Act 2001 of the Commonwealth, of the corporation; or

(vi)a person who is an associate of someone who is an associate of the corporation.

ATM (aggregate trailer mass), of a heavy trailer, means the total maximum mass of the trailer, as stated by the manufacturer, together with its load and the mass imposed on the towing vehicle by the trailer when the towing vehicle and trailer are on a horizontal surface.

Australian Accounting Standards means Accounting Standards issued by the Australian Accounting Standards Board.

Australian road law means—

(a)this Law; or

(b)another law of a State or Territory that regulates the use of vehicles on roads.

authorised officer means—

(a)a police officer declared by a law of a participating jurisdiction to be an authorised officer for the purposes of this Law; or

(b)a person who holds office under this Law as an authorised officer.

authorised use, for the purposes of Part 13.4, has the meaning given by section 727.

authorised warrant official, for a participating jurisdiction, means an entity that is declared by a law of that jurisdiction to be an authorised warrant official for that jurisdiction for the purposes of this Law.

axle means 1 or more shafts positioned in a line across a vehicle, on which 1 or more wheels intended to support the vehicle turn.

axle group means a tandem axle group, twinsteer axle group, tri-axle group or quad-axle group.

base, of the driver of a heavy vehicle—

1

The base of the driver of a heavy vehicle, in relation to particular work—

(a)is the place from which the driver normally does the work; but

(b)is, for the purposes of Chapter 6, the garage address of the vehicle if—

(i)the vehicle is a fatigue-regulated heavy vehicle; and

(ii)the driver is required under Part 6.4, in relation to that particular work, to keep a work diary and to record the location of the driver’s base in the work diary, and has not done so.

Note—

The driver of a fatigue-regulated heavy vehicle may not be required under Part 6.4, in relation to particular work, to keep a work diary and to record the location of the driver’s base in the work diary, if, for example—

•the driver is undertaking 100km work under standard hours

•the driver is working under a work diary exemption

2For a driver who is a self-employed driver and an employed driver at different times, the driver may have one base as a self-employed driver under paragraph 1 and another base as an employed driver under that paragraph.

3For a driver who has 2 or more employers, the driver may have a different base in relation to each employer under paragraph 1.

B-double means a combination consisting of a prime mover towing 2 semitrailers, with the first semitrailer being attached directly to the prime mover by a fifth wheel coupling and the second semitrailer being mounted on the rear of the first semitrailer by a fifth wheel coupling on the first semitrailer.

Typical B-double

B-triple means a combination consisting of a prime mover towing 3 semitrailers, with—

(a)the first semitrailer being attached directly to the prime mover by a fifth wheel coupling; and

(b)the second semitrailer being mounted on the rear of the first semitrailer by a fifth wheel coupling on the first semitrailer; and

(c)the third semitrailer being mounted on the rear of the second semitrailer by a fifth wheel coupling on the second semitrailer.

Typical B-triple

BFM accreditation means—

(a)BFM accreditation granted under section 458; or

(b)accreditation of a similar kind under another law of a participating jurisdiction.

BFM fatigue management system, for the purposes of Chapter 8, has the meaning given by section 457.

BFM hours, for the purposes of Chapters 6 and 8, has the meaning given by section 253.

BFM standards and business rules, for the purposes of Chapter 8, has the meaning given by section 457.

Board means the National Heavy Vehicle Regulator Board established under section 662.

body of fatigue knowledge means any accreditation scheme, scientific knowledge, expert opinion, guidelines, standards or other knowledge about preventing or managing exposure to risks to safety either on a road or in a workplace, arising from fatigue.

bus means a heavy motor vehicle built or fitted to carry more than 9 adults (including the driver).

business practices, of a person, means the person’s practices in running a business associated with the use of a heavy vehicle on a road, including—

(a)the operating policies and procedures of the business; and

(b)the human resource and contract management arrangements of the business; and

(c)the arrangements for preventing or minimising public risks associated with the person’s practices.

cancel, for the purposes of Chapter 6 in relation to an unused daily sheet in a written work diary, has the meaning given by section 221.

category, of heavy vehicles, see section 15.

cause, a thing, includes—

(a)contribute to causing the thing; and

(b)encourage the thing.

cause of fatigue ...

centre-line, of an axle, means—

(a)for an axle consisting of 1 shaft—a line parallel to the length of the axle and passing through its centre; and

(b)for an axle consisting of 2 shafts—a line in the vertical plane passing through—

(i)the centre of both shafts; and

(ii)the centres of the wheels on the shafts.

class 1 heavy vehicle has the meaning given by section 116(1) and (2).

class 2 heavy vehicle has the meaning given by section 136.

class 2 heavy vehicle authorisation means—

(a)a class 2 heavy vehicle authorisation (notice); or

(b)a class 2 heavy vehicle authorisation (permit).

class 2 heavy vehicle authorisation (notice) has the meaning given by section 138(2).

class 2 heavy vehicle authorisation (permit) has the meaning given by section 143(2).

class 3 heavy vehicle has the meaning given by section 116(3).

combination means a group of vehicles consisting of a motor vehicle towing 1 or more other vehicles.

commercial consignor ...

Commonwealth Gazette means the Commonwealth of Australia Gazette.

Commonwealth Gazette notice means notice published in the Commonwealth Gazette.

Commonwealth responsible Minister means the Commonwealth Minister nominated by the Commonwealth as the responsible Minister for the Commonwealth for the purposes of this Law.

compensation order has the meaning given by section 611(1).

complaint, for an offence, means a complaint, charge, notice or other process that starts a proceeding for the offence.

compliance purposes means—

(a)monitoring purposes; or

(b)investigation purposes.

complying container weight declaration has the meaning given by section 189.

component, of a heavy vehicle that is a combination, means—

(a)other than in Part 3.3, a component vehicle of the combination; or

(b)a component of any component vehicle of the combination.

component vehicle, of a heavy combination, means the towing vehicle or another vehicle in the combination.

condition includes a restriction.

conditionally registered ...

conduct means an act, an omission to perform an act, or a state of affairs.

consent includes an approval or concurrence.

consign and consignor—

A person consigns goods, and is a consignor of goods, for road transport using a heavy vehicle, if—

(a)the person has consented to being, and is, named or otherwise identified as a consignor of the goods in the transport documentation relating to the road transport of the goods; or

(b)the person engages an operator of the vehicle, either directly or indirectly or through an agent or other intermediary, to transport the goods by road; or

(c)if paragraphs (a) and (b) do not apply—the person has possession of, or control over, the goods immediately before the goods are transported by road.

consignee, of goods—

(a)means a person who—

(i)has consented to being, and is, named or otherwise identified as the intended consignee of the goods in the transport documentation relating to the road transport of the goods; or

(ii)actually receives the goods after completion of their road transport; but

(b)does not include a person who merely unloads the goods.

container weight declaration—

(a)means a written declaration, whether contained in 1 or more documents, stating or purporting to state the weight of a freight container and its contents; and

Examples—

an email, a placard fixed to the container

Note—

See the definition document in section 12 of Schedule 1.

(b)includes a copy of a declaration mentioned in paragraph (a).

contract includes an agreement.

converter dolly means a pig trailer with a fifth wheel coupling designed to convert a semitrailer into a dog trailer.

Typical converter dolly

convict, a person of an offence, has the meaning given by section 9(1).

convicted, of an offence, has the meaning given by section 9(2).

convicted person—

(a)for the purposes of Division 5 of Part 10.3, has the meaning given by section 599(a); or

(b)for the purposes of Division 6 of Part 10.3, has the meaning given by section 606(a).

corporation includes a body politic or corporate.

corresponding fatigue law, for the purposes of Chapter 6, has the meaning given by section 221.

critical risk breach, for a maximum work requirement or minimum rest requirement, has the meaning given by section 222(4).

daily sheet, for a written work diary, for the purposes of Chapter 6, has the meaning given by section 338(2)(b).

database of heavy vehicles means the database of heavy vehicles kept under section 686A.

daytime means the period of a day between sunrise and sunset.

de facto partner, of a person, means a person (whether of the same gender or a different gender) who is in a de facto relationship, within the meaning given by section 2F of the Acts Interpretation Act 1901 of the Commonwealth, with the person.

defective heavy vehicle, for the purposes of Division 6 of Part 9.3, has the meaning given by section 525.

defective vehicle label, for the purposes of Division 6 of Part 9.3, has the meaning given by section 525.

defendant, for a proceeding for an offence, means the person charged with the offence (whether called the defendant or the accused).

deficiency, for the purposes of Division 3 of Part 10.4, has the meaning given by section 626.

dimension requirement means—

(a)a prescribed dimension requirement (under section 101); or

(b)a requirement as to a dimension limit relating to a heavy vehicle under a condition to which a mass or dimension authority is subject (where the dimension limit is more restrictive than the relevant prescribed dimension requirement); or

(c)a requirement as to a dimension limit under a PBS vehicle approval; or

(d)a requirement as to a dimension limit indicated by an official traffic sign; or

Note—

See the definitions indicated and official traffic sign.

(e)a requirement as to a dimension limit for a component vehicle as prescribed by a heavy vehicle standard.

dimension requirements ...

drive, a vehicle or combination, includes—

(a)be in control of the steering, movement or propulsion of the vehicle or combination; and

(b)for a trailer—drive a vehicle towing the trailer.

driver, of a vehicle or combination—

(a)means the person driving the vehicle or combination; and

(b)includes—

(i)a person accompanying the person driving the vehicle or combination on a journey or part of a journey, who has been, is or will be sharing the task of driving the vehicle or combination during the journey or part; and

(ii)a person who is driving the vehicle or combination as a driver under instruction or under an appropriate learner licence or learner permit; and

(iii)where the driver is a driver under instruction, the holder of a driver licence occupying the seat in the vehicle or combination next to the driver.

driver fatigue compliance function, for the purposes of Part 13.4, has the meaning given by section 727(1).

driver fatigue provision, for the purposes of Part 13.4, has the meaning given by section 727(1).

driver licence means—

(a)a driver licence issued under a law of a State or Territory that regulates the use of vehicles on roads; or

(b)a licence, permit or other authorisation to drive a motor vehicle issued under a law of another country if a law mentioned in paragraph (a) exempts the holder of the licence, permit or other authorisation from the requirement to hold a driver licence under that law to drive a motor vehicle.

electronic recording system has the meaning given by section 221.

electronic recording system approval means an approval of an electronic recording system under Division 7 of Part 6.4.

electronic work diary has the meaning given by section 221.

electronic work diary authorised use, for the purposes of Part 13.4, has the meaning given by section 727(1).

electronic work diary information, for the purposes of Part 13.4, has the meaning given by section 727(1).

electronic work diary label ...

electronic work diary protected information, for the purposes of Part 13.4, has the meaning given by section 727(1).

embargo notice has the meaning given by section 557(2).

embargoed thing means a thing the subject of an embargo notice.

employed driver, of a heavy vehicle, means a person who is employed by someone else to drive the vehicle.

employee means an individual who is employed by someone else.

employer means a person who employs someone else.

encourage includes give an incentive.

engage ...

entity includes a person, an unincorporated partnership and an unincorporated body.

entry, in a work record, for the purposes of Chapter 6, has the meaning given by section 221.

equipment, in relation to a heavy vehicle, includes tools, devices and accessories in the vehicle.

escort vehicle means a pilot vehicle that is driven by a police officer or another person authorised to direct traffic under an Australian road law.

examine includes analyse, test, account, measure, weigh, grade, gauge or identify.

executive officer, of a corporation, means—

(a)a director of the corporation; or

(b)any person, by whatever name called and whether or not the person is a director of the corporation, who is concerned or takes part in the management of the corporation.

exemption hours, for the purposes of Chapter 6, has the meaning given by section 259.

exercise, for a function, includes perform.

extract, of a document, device or other thing, means a copy of any information contained in the document, device or other thing.

Note—

See the definition document in section 12 of Schedule 1.

false or misleading means false or misleading in a material particular.

fatigue has the meaning given by section 223.

fatigue record keeping exemption means—

(a)a fatigue record keeping exemption (notice); or

(b)a fatigue record keeping exemption (permit).

fatigue record keeping exemption (notice) has the meaning given by section 378.

fatigue record keeping exemption (permit) has the meaning given by section 383.

fatigue-regulated bus means a heavy motor vehicle built or fitted to carry more than 12 adults (including the driver).

Note—

A fatigue-regulated bus is a bus that weighs more than 4.5t for the purposes of being regulated under this Law.

fatigue-regulated heavy vehicle has the meaning given by section 7.

fifth wheel coupling means a device (other than an upper rotating element and a kingpin) used with a prime mover, semitrailer or converter dolly to—

(a)permit quick coupling and uncoupling; and

(b)provide for articulation.

film, a thing, includes—

(a)photograph or videotape the thing; and

(b)record an image of the thing in another way.

fit, to drive a heavy vehicle, or to start or stop its engine, for a person, means the person—

(a)is apparently physically and mentally fit to drive the vehicle, or start or stop its engine; and

(b)is not apparently affected by either or both of the following—

(i)alcohol;

(ii)a drug that affects a person’s ability to drive a vehicle; and

(c)is not found to have an alcohol concentration in the person’s blood or breath exceeding the amount permitted, under an Australian road law of this jurisdiction, for the driver of a heavy vehicle; and

(d)is not found to be under the influence of a drug or to have present in the person’s blood or saliva a drug that the driver of a heavy vehicle is not permitted to have present in the driver’s blood or saliva under an Australian road law of this jurisdiction.

freight container means—

(a)a re-usable container of the kind mentioned in AS 3711.1 that is designed for repeated use for transporting goods; or

(2)The power to remove or suspend a person under subsection (1)(b) may be exercised even if this Law provides that the holder of the office to which the person was appointed is to hold office for a specified period.

(3)The power to make an appointment under subsection (1)(b) may be exercised from time to time as occasion requires.

(4)An appointment under subsection (1)(b) may be expressed to have effect only in the circumstances specified in the instrument of appointment.

29   Delegation of functions

(1)If this Law authorises a person or body to delegate a function, the person or body may, in accordance with this Law and any other applicable law, delegate the function to—

(a)a person or body by name; or

(b)a specified officer, or the holder of a specified office, by reference to the title of the office concerned.

(2)The delegation may be—

(a)general or limited; and

(b)made from time to time; and

(c)revoked, wholly or partly, by the delegator.

(3)The delegation, or a revocation of the delegation, must be in, or evidenced by, writing signed by the delegator or, if the delegator is a body, by a person authorised by the body for the purpose.

(4)A delegated function may be exercised only in accordance with any conditions to which the delegation is subject.

(5)The delegate may, in the exercise of a delegated function, do anything that is incidental to the delegated function.

(6)A delegated function that purports to have been exercised by the delegate is taken to have been properly exercised by the delegate unless the contrary is proved.

(7)A delegated function that is properly exercised by the delegate is taken to have been exercised by the delegator.

(8)If, when exercised by the delegator, a function is dependent on the delegator’s opinion, belief or state of mind, then, when exercised by the delegate, the function is dependent on the delegate’s opinion, belief or state of mind.

(9)If—

(a)the delegator is a specified officer or the holder of a specified office; and

(b)the person who was the specified officer or holder of the specified office when the delegation was made ceases to be the holder of the office;

then—

(c)the delegation continues in force; and

(d)the person for the time being occupying or acting in the office concerned is taken to be the delegator for the purposes of this section.

(10)If—

(a)the delegator is a body; and

(b)there is a change in the membership of the body;

then—

(c)the delegation continues in force; and

(d)the body as constituted for the time being is taken to be the delegator for the purposes of this section.

(11)If a function is delegated to a specified officer or the holder of a specified office—

(a)the delegation does not cease to have effect merely because the person who was the specified officer or the holder of the specified office when the function was delegated ceases to be the officer or the holder of the office; and

(b)the function may be exercised by the person for the time being occupying or acting in the office concerned.

(12)A function that has been delegated may, despite the delegation, be exercised by the delegator.

(13)The delegation of a function does not relieve the delegator of the delegator’s obligation to ensure that the function is properly exercised.

(14)Subject to subsection (15), this section applies to a subdelegation of a function in the same way as it applies to a delegation of a function.

(15)If this Law authorises the delegation of a function, the function may be subdelegated only if the Law expressly authorises the function to be subdelegated.

30   Exercise of powers between enactment and commencement

(1)If a provision of this Law (the empowering provision) that does not commence on its enactment would, had it commenced, confer a power—

(a)to make an appointment; or

(b)to make a statutory instrument of a legislative or administrative character; or

(c)to do another thing;

then—

(d)the power may be exercised; and

(e)anything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect;

before the empowering provision commences.

(2)If a provision of a Queensland Act (the empowering provision) that does not commence on its enactment would, had it commenced, amend a provision of this Law so that it would confer a power—

(a)to make an appointment; or

(b)to make a statutory instrument of a legislative or administrative character; or

(c)to do another thing;

then—

(d)the power may be exercised; and

(e)anything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect;

before the empowering provision commences.

(3)If—

(a)this Law has commenced and confers a power to make a statutory instrument (the basic instrument-making power); and

(b)a provision of a Queensland Act that does not commence on its enactment would, had it commenced, amend this Law so as to confer additional power to make a statutory instrument (the additional instrument-making power);

then—

(c)the basic instrument-making power and the additional instrument-making power may be exercised by making a single instrument; and

(d)any provision of the instrument that required an exercise of the additional instrument-making power is to be treated as made under subsection (2).

(4)If an instrument, or a provision of an instrument, is made under subsection (1) or (2) that is necessary for the purpose of—

(a)enabling the exercise of a power mentioned in the subsection; or

(b)bringing an appointment, instrument or other thing made or done under such a power into effect;

the instrument or provision takes effect—

(c)on the making of the instrument; or

(d)on such later day (if any) on which, or at such later time (if any) at which, the instrument or provision is expressed to take effect.

(5)If—

(a)an appointment is made under subsection (1) or (2); or

(b)an instrument, or a provision of an instrument, made under subsection (1) or (2) is not necessary for a purpose mentioned in subsection (4);

the appointment, instrument or provision takes effect—

(c)on the commencement of the relevant empowering provision; or

(d)on such later day (if any) on which, or at such later time (if any) at which, the appointment, instrument or provision is expressed to take effect.

(6)Anything done under subsection (1) or (2) does not confer a right, or impose a liability, on a person before the relevant empowering provision commences.

(7)After the enactment of a provision mentioned in subsection (2) but before the provision’s commencement, this section applies as if the references in subsections (2) and (5) to the commencement of the empowering provision were references to the commencement of the provision mentioned in subsection (2) as amended by the empowering provision.

(8)In the application of this section to a statutory instrument, a reference to the enactment of the instrument is a reference to the making of the instrument.

Part 5    Distance, time and age

31   Matters relating to distance, time and age

(1)In the measurement of distance for the purposes of this Law, the distance is to be measured along the shortest road ordinarily used for travelling.

(2)If a period beginning on a given day, act or event is provided or allowed for a purpose by this Law, the period is to be calculated by excluding the day, or the day of the act or event, and—

(a)if the period is expressed to be a specified number of clear days or at least a specified number of days—by excluding the day on which the purpose is to be fulfilled; and

(b)in any other case—by including the day on which the purpose is to be fulfilled.

(3)If the last day of a period provided or allowed by this Law for doing anything is not a business day in the place in which the thing is to be or may be done, the thing may be done on the next business day in the place.

(4)If the last day of a period provided or allowed by this Law for the filing or registration of a document is a day on which the office is closed where the filing or registration is to be or may be done, the document may be filed or registered at the office on the next day that the office is open.

(5)If no time is provided or allowed for doing anything, the thing is to be done as soon as possible, and as often as the prescribed occasion happens.

(6)If, in this Law, there is a reference to time, the reference is, in relation to the doing of anything in a jurisdiction, a reference to the legal time in the jurisdiction.

(7)For the purposes of this Law, a person attains an age in years at the beginning of the person’s birthday for the age.

Part 6    Effect of repeal, amendment or expiration

32   Time of Law ceasing to have effect

If a provision of this Law is expressed—

(a)to expire on a specified day; or

(b)to remain or continue in force, or otherwise have effect, until a specified day;

the provision has effect until the last moment of the specified day.

33   Repealed Law provisions not revived

If a provision of this Law is repealed or amended by a Queensland Act, or a provision of a Queensland Act, the provision is not revived merely because the Queensland Act or the provision of the Queensland Act—

(a)is later repealed or amended; or

(b)later expires.

34   Saving of operation of repealed Law provisions

(1)The repeal, amendment or expiry of a provision of this Law does not—

(a)revive anything not in force or existing at the time the repeal, amendment or expiry takes effect; or

(b)affect the previous operation of the provision or anything suffered, done or begun under the provision; or

(c)affect a right, privilege or liability acquired, accrued or incurred under the provision; or

(d)affect a penalty incurred in relation to an offence arising under the provision; or

(e)affect an investigation, proceeding or remedy in relation to such a right, privilege, liability or penalty.

(2)Any such penalty may be imposed and enforced, and any such investigation, proceeding or remedy may be begun, continued or enforced, as if the provision had not been repealed or amended or had not expired.

35   Continuance of repealed provisions

If a Queensland Act repeals some provisions of this Law and enacts new provisions in substitution for the repealed provisions, the repealed provisions continue in force until the new provisions commence.

36   Law and amending Acts to be read as one

This Law and all Queensland Acts amending this Law are to be read as one.

Part 7    Instruments under Law

37   Schedule applies to statutory instruments

(1)This Schedule applies to a statutory instrument, and to things that may be done or are required to be done under a statutory instrument, in the same way as it applies to this Law, and things that may be done or are required to be done under this Law, except so far as the context or subject matter otherwise indicates or requires.

(2)The fact that a provision of this Schedule refers to this Law and not also to a statutory instrument does not, by itself, indicate that the provision is intended to apply only to this Law.

Part 8    Application to coastal waters

38   Application

This Law has effect in and in relation to the coastal waters of this jurisdiction as if the coastal waters were part of this jurisdiction.

Schedule 2 Subject matter for conditions of mass or dimension authorities

sections 119, 125 and 146

1the maximum permissible mass of a heavy vehicle, a heavy vehicle together with its load, or a component of a heavy vehicle, being used on a road

2the maximum permissible dimensions of a heavy vehicle (including its equipment), or a component or load of a heavy vehicle, being used on a road

3the configuration of a heavy vehicle

4the types of loads a heavy vehicle may carry

5the use of signs and warning devices

6the use of a pilot vehicle or escort vehicle

7the times when a heavy vehicle may be used on a road

8the maximum speed at which a heavy vehicle may be driven on a road

9requirements about monitoring the movement of a heavy vehicle

10the use of stated technology to—

(a)ensure the safe use of a heavy vehicle; or

(b)ensure a heavy vehicle will not cause damage to road infrastructure; or

(c)minimise the adverse effect of the use of a heavy vehicle on public amenity

Schedule 3 Reviewable decisions

section 640, definition reviewable decision

Part 1    Decisions of Regulator

Section under which decision made	Description of decision
section 22	decision of Regulator not to grant a PBS design approval
section 22	decision of Regulator to impose a condition in relation to a PBS design approval, except to the extent the decision relates to a condition imposed as a result of a ministerial notice under section 21
section 23	decision of Regulator not to grant a PBS vehicle approval
section 23	decision of Regulator to impose a condition in relation to a PBS vehicle approval, except to the extent the decision relates to a condition imposed as a result of a ministerial notice under section 21
section 68	decision of Regulator not to grant a vehicle standards exemption (permit)
section 68	decision of Regulator to grant a vehicle standards exemption (permit) for a period less than the period of not more than 3 years sought by the applicant
section 71	decision of Regulator to impose on a vehicle standards exemption (permit) a condition not sought by the applicant
section 75	decision of Regulator not to make a decision sought in an application for amendment or cancellation of a vehicle standards exemption (permit)
section 76	decision of Regulator to amend or cancel a vehicle standards exemption (permit)
section 77	decision of the Regulator to immediately suspend a vehicle standards exemption (permit)
section 80	decision of Regulator not to give a replacement permit for a vehicle standards exemption (permit)
section 122	decision of Regulator not to grant a mass or dimension exemption (permit) other than because a relevant road manager for the exemption did not consent to the grant
section 122	decision of Regulator to grant a mass or dimension exemption (permit) for a period less than the period of not more than 3 years sought by the applicant
section 125	decision of Regulator to impose on a mass or dimension exemption (permit) a condition not sought by the applicant and not a road condition or travel conditions required by a relevant road manager for the exemption
section 143	decision of Regulator not to grant a class 2 heavy vehicle authorisation (permit) other than because a relevant road manager for the authorisation did not consent to the grant
section 143	decision of Regulator to grant a class 2 heavy vehicle authorisation (permit) for a period less than the period of not more than 3 years sought by the applicant
section 146	decision of Regulator to impose on a class 2 heavy vehicle authorisation (permit) a condition not sought by the applicant and not a road condition or travel condition required by a relevant road manager for the authorisation
section 176	decision of Regulator not to make a decision sought in an application for amendment of a mass or dimension authority granted by giving a person a permit
section 177	decision of Regulator to amend or cancel a mass or dimension authority granted by giving a person a permit, other than at the request of a relevant road manager
section 179	decision of Regulator to immediately suspend a mass or dimension authority granted by giving a person a permit
section 182	decision of Regulator not to give a replacement permit for a mass or dimension authority
section 273	decision of Regulator not to grant a work and rest hours exemption (permit)
section 273	decision of Regulator to grant a work and rest hours exemption (permit) that does not cover all of the drivers sought by the applicant
section 273	decision of Regulator to grant a work and rest hours exemption (permit) setting maximum work times or minimum rest times different to the maximum work times or minimum rest times sought by the applicant
section 273	decision of Regulator to grant a work and rest hours exemption (permit) for a period less than the period of not more than 3 years sought by the applicant
section 276	decision of Regulator to impose on a work and rest hours exemption (permit) a condition not sought by the applicant
section 280	decision of Regulator not to make a decision sought in an application for the amendment or cancellation of a work and rest hours exemption (permit)
section 281	decision of Regulator to amend or cancel a work and rest hours exemption (permit)
section 282	decision of Regulator to immediately suspend a work and rest hours exemption (permit)
section 285	decision of Regulator not to give a replacement permit for a work and rest hours exemption (permit)
section 343	decision of Regulator not to grant an electronic recording system approval
section 343	decision of Regulator to impose on an electronic recording system approval a condition not sought by the applicant
section 351	decision of Regulator not to make a decision sought in an application for amendment or cancellation of an electronic recording system approval
section 352	decision of Regulator to amend or cancel an electronic recording system approval
section 363	decision of Regulator not to grant a work diary exemption (permit)
section 363	decision of Regulator to grant a work diary exemption (permit) for a period less than the period of not more than 3 years sought by the applicant
section 366	decision of Regulator to impose on a work diary exemption (permit) a condition not sought by the applicant
section 370	decision of Regulator not to make a decision sought in an application for the amendment or cancellation of a work exemption (permit)
section 371	decision of Regulator to amend or cancel a work diary exemption (permit)
section 374	decision of Regulator not to give a replacement permit for work diary exemption (permit)
section 379	decision of Regulator to impose a condition on a fatigue record keeping exemption (notice)
section 383	decision of Regulator to grant a fatigue record keeping exemption (permit) in a way that does not cover all the drivers sought by the applicant
section 383	decision of Regulator to grant a fatigue record keeping exemption (permit) setting conditions different from those sought by the applicant
section 385	decision of Regulator to impose a condition on a fatigue record keeping exemption (permit)
section 387	decision of Regulator to give a fatigue record keeping exemption (permit) for a period less than the period of not more than 3 years sought by the applicant
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
section 477	decision of Regulator not to give a replacement accreditation certificate
section 561	decision of Regulator that a thing or sample is forfeited to the Regulator

Part 2    Decisions of authorised officers

Section under which decision made

Description of decision

section 572

decision of an authorised officer who is not a police officer to give a person an improvement notice

sections 572 and 574

decision of an authorised officer who is not a police officer to amend an improvement notice given to a person

section 576A

decision of an authorised officer who is not a police officer to give a person a prohibition notice

section 576A

decision of an authorised officer who is not a police officer to amend a prohibition notice given to a personNote—

Section 23 of Schedule 1 allows for the amendment of a prohibition notice.

Part 3    Decisions of relevant road managers

Section under which decision made	Description of decision
section 156A	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
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

Schedule 4 Liability provisions

sections 636, 637 and 638

The provisions specified in column 2 of the following table are specified for the purposes of sections 636(1), 637(4) and 638(4).

Column 1	Column 2
Section ofthis Law	Provision specified for sections 636(1), 637(4) and 638(4)
26E	26E(1), 26E(2)
60	60(1)
79	79(2)
81	81(1), 81(2), 81(3)
85	85(2)
87A	87A(1)
89	89(1)
93	93(1), 93(2), 93(3)
129	129(1), 129(2), 129(3)
130	130(3)
137	137
150	150(1)
153A	153A(1)
181	181(3)
185	185(1), 185(2)
186	186(2), 186(3), 186(4), 186(5)
187	187(2), 187(3)
190	190(1)
191	191(1), 191(3)
193	193(2)
264	264(2)
284	284(2)
286	286(1)
310	310(2)
311	311(2)
312	312(2)
313	313(2), 313(3)
314	314(3)
315	315(1)
319	319(1)
321	321(1), 321(3)
322	322(4)
323	323(3)
324	324(2)
324A	324A(2)
327	327
328	328
329	329
330	330(1)
331	331
332	332
335	335(1)
336	336(1)
336A	336A(1)
337	337(2)
341	341(1), 341(2), 341(3), 341(5)
347	347
354	354(3), 354(5)
355	355(2), 355(4), 355(6)
373	373(2)
375	375
396	396(2)
398	398(2)
399	399(2)
404	404(1), 404(4)
405	405(1)
406	406(1), 406(2)
417	417
422	422(2)
423	423(1)
424	424(1), 424(3)
451	451
452	452
453	453(1), 453(2)
454	454(1), 454(2)
467	467
470	470(2), 470(3), 470(4), 470(5), 470(6)
471	471(2)
476	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
533	533(7)
534	534(5)
535	535(5)
553	553(3)
558	558(1), 558(3)
559	559(3), 559(4), 559(5)
567	567(4)
568	568(7)
569	569(2), 569(7)
570	570(3)
570A	570A(5)
573	573(1)
576C	576C
577	577(4)
590B	590B(2)
604	604
610	610
699	699(1), 699(2)
700	700(4)
702	702(1), 702(3)
703	703(1), 703(2)
704	704(1), 704(2), 704(3)
728	728(1)
728A	728A(1)
729	729(1), 729(3)
729A	729A(1), 729A(2)