Heavy Vehicle National Law (ACT) Act 2013 (ACT)

Case

Heavy Vehicle National Law (ACT) Act 2013   

A2013-51

Republication No 13

Effective:  27 April 2022

Republication date: 27 April 2022

Last amendment made by A2022‑5

About this republication

The republished law

This is a republication of the Heavy Vehicle National Law (ACT) Act 2013 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 27 April 2022It also includes any commencement, amendment, repeal or expiry affecting this republished law to 27 April 2022. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

  • authorised republications to which the Legislation Act 2001 applies

  • unauthorised republications.

  • The status of this republication appears on the bottom of each page.

    Editorial changes

    The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

    This republication does not include amendments made under part 11.3 (see endnote 1).

    Uncommenced provisions and amendments

    If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

    Modifications

    If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

    Penalties

    At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

    Heavy Vehicle National Law (ACT) Act 2013

    Contents

    Page

    Part 1      Preliminary

    1            Name of Act  2

    3            Dictionary  2

    4            Terms used in Heavy Vehicle National Law (ACT)  2

    5            Notes  2

    6            Offences against Heavy Vehicle National Law (ACT)—application of Criminal Code     3

    Part 2      Application of Heavy Vehicle National Law

    Division 2.1                  General

    7           Application of Heavy Vehicle National Law  4

    8            Exclusion of Legislation Act  4

    9            Exclusion of other territory laws  5

    Division 2.2                  Definitions and declarations for Heavy Vehicle National Law (ACT)

    10          Definitions of generic terms  6

    11          Authorised officer—the Law, s 5  6

    12          Authorised warrant official—the Law, s 5  6

    13          Infringement notice offences law—the Law, s 5  6

    14          Relevant tribunal or court—the Law, s 5  7

    15          Review of decision by ACAT  7

    16          Responsible Minister—the Law, s 5  7

    17          Road authority—the Law, s 5  7

    18          Road manager—the Law, s 5  8

    19          Road Rules—the Law, s 5  8

    20          Meaning of road and road-related area—the Law, s 8 (3)  8

    21          Offences for which person charged does not have benefit of mistake of fact defence—the Law, s 14  9

    22          Primary WHS law—the Law, s 18 (4)  9

    23          Meaning of police agency—the Law, s 727 (1)  9

    24          Meaning of relevant law—the Law, s 727 (1)  9

    Part 3      ACT-specific provisions

    25          Use of force against people—the Law, s 491  11

    26          Use of force against property—the Law, s 492  11

    27          Amendment or withdrawal of vehicle defect notices—the Law, s 531      11

    28          Power to seize certain things—the Law, s 552  11

    Part 4      Miscellaneous

    29          Provision of information and assistance to Regulator by road transport authority       12

    30          Regulation-making power  13

    Schedule 1 Modification—Heavy Vehicle National Law (ACT) 14

    Dictionary21

    Endnotes

    1            About the endnotes  22

    2            Abbreviation key  22

    3            Legislation history  23

    4            Amendment history  25

    5            Earlier republications  27

    6            Expired transitional or validating provisions  29

    Heavy Vehicle National Law (ACT) Act 2013

    An Act to apply a national law relating to the regulation of the use of heavy vehicles, and for other purposes

    Part 1Preliminary

    1. Name of Act

      This Act is the Heavy Vehicle National Law (ACT) Act 2013.

    2. Dictionary

      (1)The dictionary at the end of this Act is part of this Act.

      (2)A definition in the dictionary applies to the local application provisions of this Act.

      NoteThe dictionary at the end of this Act defines certain terms used in this Act.

    3. Terms used in Heavy Vehicle National Law (ACT)

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

      NoteA definition in an Act applies except so far as the contrary intention appears (see Legislation Act, s 155).

    4. Notes

      A note included in the local application provisions of this Act is explanatory and is not part of those provisions.

      NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

    5. Offences against Heavy Vehicle National Law (ACT)—application of Criminal Code

      The Criminal Code applies in relation to offences against the Heavy Vehicle National Law (ACT) subject to section 21 (Offences for which person charged does not have benefit of mistake of fact defence—the Law, s 14).

      NoteCriminal Code

      The Criminal Code, ch 2 applies to all offences against the Heavy Vehicle National Law (ACT) (see Code, pt 2.1). 

      The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

    Part 2Application of Heavy Vehicle National Law

    Division 2.1               General

    1. Application of Heavy Vehicle National Law

      The Heavy Vehicle National Law set out in the schedule to the Queensland Act, as amended from time to time—

      (a)applies as a territory law, as modified by schedule 1; and

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

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

      NoteSome chapters of the Heavy Vehicle National Law (ACT) have a delayed application (see this Act, pt 5).

    2. Exclusion of Legislation Act

      (1)The Legislation Act does not apply to the Heavy Vehicle National Law (ACT).

      (2)However, the Legislation Act, chapter 7 (Presentation, amendment and disallowance of subordinate laws and disallowable instruments) applies to a national regulation as if—

      (a)a reference to a subordinate law were a reference to a national regulation; and

      (b)a reference in the Legislation Act, section 64 (1) (Presentation of subordinate laws and disallowable instruments) to—

      (i)‘6 sitting days’ were a reference to ‘20 sitting days’; and

      (ii)‘notification day’ were a reference to ‘published’ as mentioned in the Heavy Vehicle National Law (ACT), section 733 (1) (Publication of national regulations); and

      (c)any other necessary changes were made.

      (3)Also, the Legislation Act, section 104 (References to laws include references to instruments under laws) and section 191 (Offences against 2 or more laws) apply to the Heavy Vehicle National Law (ACT) as if that Law were an Act.

      (4)This section does not limit the application of the Legislation Act to the local application provisions of this Act.

    3. Exclusion of other territory laws

      (1)The following territory laws do not apply to the Regulator and the Board:

      (a)the Annual Reports (Government Agencies) Act 2004;

      (b)the Financial Management Act 1996;

      (c)the Freedom of Information Act 2016;

      (d)the Government Procurement Act 2001;

      (e)the Information Privacy Act 2014;

      (f)the Public Interest Disclosure Act 2012;

      (g)the Public Sector Management Act 1994;

      (h)the Territory Records Act 2002.

      (2)However, if a function of the Regulator or the Board under the Heavy Vehicle National Law (ACT) is exercised by an entity that would, apart from subsection (1), be subject to a law mentioned in that subsection, the law applies to the entity.

      Example

      The Regulator has an agreement mentioned in the Heavy Vehicle National Law (ACT), s 658 (2) (a) with an ACT entity.  The entity is a territory authority.  The Financial Management Act 1996 applies to territory authorities.  Therefore, the entity must comply with that Act when doing things under the agreement.

      (3)The Auditor-General Act 1996 does not apply to the Heavy Vehicle National Law (ACT) except to the extent that the Law applies to the auditor-general in carrying out an audit as required by a national regulation under the Law, section 693 (3) (b) (Annual report).

    Division 2.2               Definitions and declarations for Heavy Vehicle National Law (ACT)

    1. Definitions of generic terms

      In the Heavy Vehicle National Law (ACT):

      police commissioner means the chief police officer.

      police officer means a police officer.

      NoteThe Legislation Act, dict, pt 1 defines police officer as a member or special member of the Australian Federal Police.

      this jurisdiction means the ACT.

    2. Authorised officer—the Law, s 5

      A police officer is declared to be an authorised officer for the Heavy Vehicle National Law (ACT).

    3. Authorised warrant official—the Law, s 5

      A magistrate is declared to be an authorised warrant official for the ACT for the Heavy Vehicle National Law (ACT).

    4. Infringement notice offences law—the Law, s 5

      The Road Transport (General) Act 1999 is declared to be the Infringement Notice Offences Law for the Heavy Vehicle National Law (ACT).

    5. Relevant tribunal or court—the Law, s 5

      (1)The Magistrates Court is declared to be the relevant tribunal or court for the ACT for the following provisions of the Heavy Vehicle National Law (ACT):

      (a)section 556 (Return of seized things or samples);

      (b)section 560 (Withdrawal of embargo notice);

      (c)section 565 (Third party protection).

      (2)Any court or tribunal is declared to be the relevant tribunal or court for the ACT for the Heavy Vehicle National Law (ACT), section 727 (1), definition of protected information, paragraph (b) (iii).

      (3)The ACAT is declared to be the relevant tribunal or court for the ACT for the remaining provisions of the Heavy Vehicle National Law (ACT).

    6. Review of decision by ACAT

      A reference in the Heavy Vehicle National Law (ACT) to an appeal against a decision is, for an appeal to the ACAT as the relevant tribunal or court, a reference to a review of the decision under the ACT Civil and Administrative Tribunal Act 2008.

    7. Responsible Minister—the Law, s 5

      The Minister responsible for administering this Act is nominated as the responsible Minister for the Heavy Vehicle National Law (ACT).

    8. Road authority—the Law, s 5

      The road transport authority is declared to be the road authority for the ACT for the Heavy Vehicle National Law (ACT).

    9. Road manager—the Law, s 5

      The road transport authority is declared to be the road manager for a road for the Heavy Vehicle National Law (ACT).

    10. Road Rules—the Law, s 5

      The Road Transport (Road Rules) Regulation 2017 is declared to be the Road Rules for the Heavy Vehicle National Law (ACT).

    11. Meaning of road and road-related area—the Law, s 8 (3)

      (1)This section applies if an instrument under the Road Transport (General) Act 1999, section 12 (1) (a) (Power to include or exclude areas in road transport legislation) is in force.

      (2)If the instrument declares that the road transport legislation applies to an area that is open to or used by the public, the area is declared to be a road-related area for the Heavy Vehicle National Law (ACT).

      (3)If the instrument declares that the road transport legislation does not apply to a road or road related area (within the meaning of the Road Transport (General) Act 1999), the road or road related area is taken not to be a road or road-related area for the Heavy Vehicle National Law (ACT).

      (4)In this section:

      road transport legislation—see the Road Transport (General) Act 1999, section 6.

    12. Offences for which person charged does not have benefit of mistake of fact defence—the Law, s 14

      (1)Subsection (2) declares the effect of a provision of the Heavy Vehicle National Law (ACT) that states that a person charged with an offence does not have the benefit of the mistake of fact defence for the offence.

      (2)The defence mentioned in the Criminal Code, section 35 (Mistake or ignorance of fact—fault elements other than negligence) or section 36 (Mistake of fact—strict liability) does not apply to the person in relation to the offence.

    13. Primary WHS law—the Law, s 18 (4)

      The Work Health and Safety Act 2011 is declared to be the primary WHS Law for the Heavy Vehicle National Law (ACT).

    14. Meaning of police agency—the Law, s 727 (1)

      The Australian Federal Police exercising functions under the Australian Federal Police Act 1979 (Cwlth), section 8 (1) (a) is an entity for the Heavy Vehicle National Law (ACT), section 727 (1), definition of police agency.

    15. Meaning of relevant law—the Law, s 727 (1)

      The following territory laws are specified for the Heavy Vehicle National Law (ACT), section 727 (1), definition of relevant law:

      (a)the Motor Accident Injuries Act 2019;

      (b)the Road Transport (Alcohol and Drugs) Act 1977;

      (c)the Road Transport (Driver Licensing) Act 1999;

      (d)the Road Transport (General) Act 1999;

      (e)the Road Transport (Public Passenger Services) Act 2001;

      (f)the Road Transport (Safety and Traffic Management) Act 1999;

      (g)the Road Transport (Vehicle Registration) Act 1999;

      (h)any other territory law prescribed by regulation.

      NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

    Part 3ACT-specific provisions

    1. Use of force against people—the Law, s 491

      A police officer is authorised to use reasonable force against a person in the exercise or purported exercise of a function under the Heavy Vehicle National Law (ACT), chapter 9 (Enforcement).

    2. Use of force against property—the Law, s 492

      An authorised officer is authorised to use reasonable force against property in the exercise or purported exercise of a function under the Heavy Vehicle National Law (ACT), chapter 9 (Enforcement).

    3. Amendment or withdrawal of vehicle defect notices—the Law, s 531

      An authorised officer who is a police officer of another jurisdiction may amend or withdraw a vehicle defect notice issued in the ACT by a police officer.

    4. Power to seize certain things—the Law, s 552

      (1)An authorised officer may impound or seize an excluded thing under the Heavy Vehicle National Law (ACT), chapter 9 (Enforcement) as if it were a thing that may otherwise be seized under chapter 9.

      NoteA similar power under the Crimes Act 1900, pt 10 (Criminal investigation) may be used instead (see that Act, s 186).

      (2)In this section:

      excluded thing means—

      (a)a heavy vehicle; or

      (b)a thing mentioned in the Heavy Vehicle National Law (ACT), section 552 (1) (b).

    Part 4Miscellaneous

    1. Provision of information and assistance to Regulator by road transport authority

      (1)Despite any other territory law, the road transport authority is authorised, on its own initiative or at the request of the Regulator, to give the Regulator—

      (a)the information (including information given in confidence) in the authority’s possession or control that the Regulator reasonably requires for the local application provisions of this Act or the Heavy Vehicle National Law (ACT); and

      (b)any other assistance that the Regulator reasonably requires to exercise a function under the local application provisions of this Act or the Heavy Vehicle National Law (ACT).

      (2)Information given to the Regulator under subsection (1) is taken to be information obtained in the course of administering the Heavy Vehicle National Law (ACT), as mentioned in the Law, section 727 (1), definition of protected information, paragraph (a).

      (3)Nothing done or authorised to be done by the road transport authority in acting under this section—

      (a)is a breach of, or default under, a territory law; or

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

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

      (d)is a civil or criminal wrong; or

      (e)ends an agreement or obligation or fulfils any condition that allows a person to end 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.

      (4)This section authorises either or both of the following for the exercise of the Regulator’s functions under the local application provisions of this Act or the Heavy Vehicle National Law (ACT):

      (a)the disclosure of information mentioned in the Road Transport (Safety and Traffic Management) Act 1999, section 29A (Disclosure of images by road transport authority) to the Regulator;

      (b)the disclosure of the information by the Regulator to someone else.

      NoteSee the Road Transport (Safety and Traffic Management) Act 1999, s 29B (Use, retention and disclosure of images by other people) and s 29C (Protection of images against loss etc).

      (5)This section does not limit the Heavy Vehicle National Law (ACT), section 660 (Cooperation with participating jurisdictions and Commonwealth).

    2. Regulation-making power

      (1)The Executive may make regulations for this Act.

      NoteA regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.

      (2)A regulation may modify a national regulation.


    Schedule 1Modification—Heavy Vehicle National Law (ACT)

    (see s 7)

    [1.1]Section 5, definition of previous corresponding law, new paragraph 4

    insert

    4For the purposes of paragraph 1, if a provision of this Law does not apply in a participating jurisdiction on the day the provision of its Application Act corresponding to section 4 of the Heavy Vehicle National Law Act 2012 of Queensland commences, and the provision later applies in the jurisdiction, the participation day for the jurisdiction in relation to the provision is taken to be the day the provision applies.

    [1.3]Part 10.3, new division 4A

    insert

    Division 4A               Cancelling, varying or suspending driver licences or disqualifying drivers

    598ASanctions involving driver licences

    (1)This section applies if a court convicts the driver of a heavy vehicle of an offence against this Law relating to a mass, dimension or loading requirement other than an offence that involves only a minor risk breach, or substantial risk breach, of a mass, dimension or loading requirement.

    (2)The court may make an order for either or both of the following:

    (a)that a stated Australian driver licence issued to the driver is—

    (i)cancelled; or

    (ii)varied or suspended for a stated period;

    (b)that the driver is disqualified from obtaining or holding an Australian driver licence (either generally or of a stated kind) for a stated period.

    (3)An order under this section operates automatically and takes effect immediately or, if a later day is stated in the order, on the stated day.

    (4)To remove any doubt, this section is additional to, and does not limit, the court’s powers under—

    (a)the Road Transport (Driver Licensing) Regulation 2000, division 5.2 (Variation, suspension or cancellation of driver licences); or

    (b)the Road Transport (General) Act 1999, division 4.2 (Licence suspension, disqualification and related matters).

    (5)The registrar must give particulars of the conviction to the road authority.

    (6)In this section:

    Australian driver licence—see the Road Transport (Driver Licensing) Act 1999, dictionary.

    [1.4]New section 709A

    insert

    709AEvidence of speed

    (1)This section applies if the speed of a heavy vehicle is relevant in a proceeding for an offence against this Law.

    (2)Evidence that is obtained or may be given under the Road Transport (Safety and Traffic Management) Act 1999 may be given in the proceeding.

    (3)Without limiting subsection (2), a certificate about a matter under the Road Transport (Safety and Traffic Management) Act 1999, part 6 (Traffic offence detection devices) is—

    (a)admissible in the proceeding; and

    (b)evidence of the matter.

    (4)If the heavy vehicle is being towed by another heavy vehicle, the heavy vehicle and towing vehicle are taken to be travelling at the same speed.

    (5)This section does not limit evidence that can be presented apart from this section.

    [1.5]New section 710 (1A) and (1B)

    insert

    (1A)In a proceeding for an offence against this 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 Road Transport (Driver Licensing) Act 1999 of any particular class or type; or

    (ii)a stated person was or was not the holder of a driver licence under the Road Transport (Driver Licensing) Act 1999 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.

    (1B)Section 715 applies to a matter mentioned in subsection (1A)(b) as if the matter were a matter stated in a certificate to which the section applies.

    [1.6]New section 711 (1) (r) to (zc)

    insert

    (r)a stated thing was the property of the Regulator; or

    (s)a stated sign was or was not an official traffic sign, contained stated words or was on a stated place; or

    (t)a stated vehicle was or was not inspected under this Law; or

    (u)a stated vehicle was or was not inspected in compliance with a stated requirement made by an authorised officer; or

    (v)an inspection of a stated vehicle under this Law gave stated results; or

    (w)a stated application, or another stated document required to be lodged under this Law, was or was not received by the Regulator; or

    (x)a stated report or stated information required to be given to the Regulator under this Law was received or was not received by the Regulator; or

    (y)no report or information of a stated type, required to be given to the Regulator under this Law, was received by the Regulator; or

    (z)a stated vehicle was or was not of a stated type, or was carrying stated goods; or

    (za)a stated copy of a document was a copy of a document issued, or required to be kept, under the Law; or

    (zb)a stated document was a manufacturer’s specification for a stated type of vehicle; or

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

    [1.7]New section 711 (3)

    insert

    (3)A certificate mentioned in the Road Transport (General) Act 1999, section 56 signed by or on behalf of the Regulator as administering authority that states a matter is evidence of the matter.

    [1.8]Section 712

    omit

    A certificate

    substitute

    (1)A certificate

    [1.9]New section 712 (2)

    insert

    (2)A certificate mentioned in the Road Transport (General) Act 1999, section 72 signed by or on behalf of the road transport authority that states a matter is evidence of the matter.

    [1.10]New section 715A

    insert

    715AEvidence 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 this Law, that was examined by the officer while it was in someone else’s possession, may be given by the officer without the document being produced.

    Example

    An authorised officer who examines a driver’s work diary may return the work diary to the driver to enable the driver to continue driving. The officer may give evidence of the contents of the work diary without producing it.

    [1.31]New section 712 (ca) to (ch)

    insert

    (ca)a stated vehicle was or was not registered under the Road Transport (Vehicle Registration) Act 1999 on the basis of it being a heavy vehicle; or

    NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act 2001, s 104 and Heavy Vehicle National Law (ACT) Act 2013, s 8 (3)).

    (cb)a stated vehicle registered under the Road Transport (Vehicle Registration) Act 1999 was or was not registered as a heavy vehicle of a stated category; or

    (cc)a stated vehicle was or was not exempt from registration under the Road Transport (Vehicle Registration) Act 1999; or

    (cd)a stated person was or was not a responsible person (within the meaning of the Road Transport (General) Act 1999) for a stated vehicle registered under the Road Transport (Vehicle Registration) Act 1999; or

    (ce)a stated person is the holder of a stated permit or other authority under the Road Transport (Vehicle Registration) Act 1999; or

    (cf)a stated registration, exemption, authorisation, permit or other authority under the Road Transport (Vehicle Registration) Act 1999 was or was not amended, suspended or cancelled; or

    (cg) a stated penalty, fee, charge or other amount was or was not, or is or is not, payable under the Road Transport (General) Act 1999 by a stated person in relation to a heavy vehicle; or

    (ch)a stated fee, charge or other amount payable under the Road Transport (General) Act 1999 in relation to a heavy vehicle was or was not paid to the road authority; or


    Dictionary

    (see s 3)

    Note 1The Legislation Act contains definitions and other provisions relevant to the local application provisions of this Act.

    Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

    ·     ACAT

    ·     auditor-general

    ·     chief police officer

    ·     entity

    ·     magistrate

    ·     police officer

    ·     road transport authority

    ·     territory authority

    ·     territory law.

    Heavy Vehicle National Law (ACT) means the provisions applying because of section 7.

    local application provisions of this Act means the provisions of this Act other than—

    (a)the Heavy Vehicle National Law (ACT); and

    (b)the modified text of the Heavy Vehicle National Law (ACT) in schedule 1.

    Queensland Act means the Heavy Vehicle National Law Act 2012 (Qld).

    NoteA reference to a law (including the Queensland Act) includes a reference to the law as originally made and as amended (see Legislation Act, s 102).

    Endnotes

    1. About the endnotes

      Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

      Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

      Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.

      If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

      The endnotes also include a table of earlier republications.

    2. Abbreviation key

    A = Act NI = Notifiable instrument
    AF = Approved form o = order
    am = amended om = omitted/repealed
    amdt = amendment ord = ordinance
    AR = Assembly resolution orig = original
    ch = chapter par = paragraph/subparagraph
    CN = Commencement notice pres = present
    def = definition prev = previous
    DI = Disallowable instrument (prev...) = previously
    dict = dictionary pt = part
    disallowed = disallowed by the Legislative r = rule/subrule
    Assembly reloc = relocated
    div = division renum = renumbered
    exp = expires/expired R[X] = Republication No
    Gaz = gazette RI = reissue
    hdg = heading s = section/subsection
    IA = Interpretation Act 1967 sch = schedule
    ins = inserted/added sdiv = subdivision
    LA = Legislation Act 2001 SL = Subordinate law
    LR = legislation register sub = substituted
    LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
    mod = modified/modification or to be expired
    1. Legislation history

      Heavy Vehicle National Law (ACT) Act 2013 A2013-51

      notified LR 9 December 2013
      s 1, s 2 commenced 9 December 2013 (LA s 75 (1))
      s 32 om before commenced by A2018‑42 amdt 3.58
      ss 34, 36, 38, 40 commenced 1 July 2019 (s 2 and CN2019-12)

      remainder commenced 10 February 2014 (s 2 and CN2014-2)

      as modified by

      Heavy Vehicle National Law (ACT) (Transitional Provisions) Regulation 2014 SL2014-16 s 3, sch 1

      notified LR 28 July 2014
      s 1, s 2 commenced 28 July 2014 (LA s 75 (1))
      s 3, sch 1 commenced 29 July 2014 (s 2)

      as amended by

      Justice and Community Safety Legislation Amendment Act 2014 (No 2) A2014‑49 sch 1 pt 1.9

      notified LR 10 November 2014
      s 1, s 2 commenced 10 November 2014 (LA s 75 (1))

      sch 1 pt 1.9 commenced 17 November 2014 (s 2)

      Freedom of Information Act 2016 A2016-55 sch 4 pt 4.15 (as am by A2017-14 s 19)

      notified LR 26 August 2016
      s 1, s 2 commenced 26 August 2016 (LA s 75 (1))
      sch 4 pt 4.15 commenced 1 January 2018 (s 2 as am by A2017-14 s 19)

      Justice and Community Safety Legislation Amendment Act 2017 (No 2) A2017-14 s 19, pt 9

      notified LR 17 May 2017
      s 1, s 2 commenced 17 May 2017 (LA s 75 (1))
      s 19 commenced 24 May 2017 (s 2 (1))
      pt 9 commenced 30 April 2018 (s 2 (2) (a) and see Road Transport (Road Rules) Regulation 2017 SL2017‑43 s 2)

      NoteSection 19 only amends the Freedom of Information Act 2016 A2016-55.

      Justice and Community Safety Legislation Amendment Act 2018 A2018-12 pt 6

      notified LR 18 April 2018
      s 1, s 2 commenced 18 April 2018 (LA s 75 (1))
      pt 6 commenced 25 April 2018 (s 2)

      Statute Law Amendment Act 2018 A2018-42 sch 3 pt 3.18

      notified LR 8 November 2018
      s 1, s 2 taken to have commenced 1 July 2018 (LA s 75 (2))
      sch 3 pt 18 taken to have commenced 1 July 2018 (s 2 (2))

      Motor Accident Injuries Act 2019 A2019-12 sch 3 pt 3.4

      notified LR 31 May 2019
      s 1, s 2 commenced 31 May 2019 (LA s 75 (1))
      sch 3 pt 3.4 commenced 1 February 2020 (s 2 (1) and CN2019-13)

      Road Transport Legislation Amendment Act 2022 (No 2) A2022-5 pt 2

      notified LR 13 April 2022
      s 1, s 2 commenced 13 April 2022 (LA s 75 (1))
      pt 2 commenced 27 April 2022 (s 2 (1))

    2. Amendment history

      Commencement

      s 2om LA s 89 (4)

      Application of Heavy Vehicle National Law

      s 7am A2018‑42 amdt 3.57

      Exclusion of Legislation Act

      s 8(5), (6) exp 10 February 2015 (s 8 (6))

      am A2018‑12 s 8

      Exclusion of other territory laws

      s 9am A2014‑49 amdt 1.18, amdt 1.19; pars renum R3 LA; A2016‑55 amdts 4.17-4.19; pars renum R5 LA

      Road Rules—the Law, s 5

      s 19sub A2017‑14 s 25

      Meaning of relevant law—the Law, s 727 (1)

      s 24am A2019‑12 amdt 3.37, amdt 3.38; pars renum R11 LA

      Heavy vehicles—registration

      div 5.1 hdgom A2018‑42 amdt 3.58

      Registration provisions of Heavy Vehicle National Law (ACT)

      s 31om A2018‑42 amdt 3.58

      Expiry—div 5.1

      s 32om A2018‑42 amdt 3.58

      Delayed application of certain provisions of Heavy Vehicle National Law (ACT)

      pt 5 hdgom R10 LA

      Heavy vehicles operations—speeding

      div 5.2 hdgexp 1 July 2019 (s 34)

      Vehicle operations speeding provisions of Heavy Vehicle National Law (ACT)

      s 33exp 1 July 2019 (s 34)

      Expiry—div 5.2

      s 34exp 1 July 2019 (s 34)

      Heavy vehicles operations—driver fatigue

      div 5.3 hdgexp 1 July 2019 (s 36)

      Vehicle operations driver fatigue provisions of Heavy Vehicle National Law (ACT)

      s 35exp 1 July 2019 (s 36)

      Expiry—div 5.3

      s 36exp 1 July 2019 (s 36)

      Heavy vehicles—intelligent access program

      div 5.4 hdgexp 1 July 2019 (s 38)

      Intelligent access program provisions of Heavy Vehicle National Law (ACT)

      s 37exp 1 July 2019 (s 38)

      Expiry—div 5.4

      s 38exp 1 July 2019 (s 38)

      Heavy vehicles—accreditation

      div 5.5 hdgexp 1 July 2019 (s 40)

      Accreditation provisions of Heavy Vehicle National Law (ACT)

      s 39exp 1 July 2019 (s 40)

      Expiry—div 5.5

      s 40exp 1 July 2019 (s 40)

      Transitional

      pt 6 hdgexp 1 July 2020 (s 43)

      Saved mass limit exemptions—accreditation under Heavy Vehicle National Law (ACT)

      s 41exp 1 July 2020 (s 41 (3))

      Transitional regulations

      s 42exp 1 July 2020 (s 43)

      Modification—Crimes Act 1900

      s 42Ains as mod SL2014-16 s 3 (see endnote 6)

      exp 1 July 2020 (see SL2014-16 s 4)

      Expiry—pt 6

      s 43am A2018‑42 amdt 3.59

      exp 1 July 2020 (s 43)

      Validation

      pt 10 hdgins A2018‑12 s 9

      exp 25 April 2018 (s 101)

      Validation of national regulation amendment regulations

      s 100ins A2018‑12 s 9

      exp 25 April 2018 (s 101)

      Expiry—pt 10

      s 101ins A2018‑12 s 9

      exp 25 April 2018 (s 101)

      Modification—Heavy Vehicle National Law (ACT)

      sch 1mods 1.12-1.30 om A2018‑42 amdt 3.61

      mod 1.2 and mod 1.11 om A2022-5 s 4

      Modifications—general

      sch 1 pt 1.1 hdg     om A2018‑42 amdt 3.60

      Modifications—ch 2

      sch 1 pt 1.2 hdg     om A2018‑42 amdt 3.60

    3. Earlier republications

      Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

      Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

    Republication No and date Effective Last amendment made by Republication for
    R1
    10 Feb 2014
    10 Feb 2014–
    28 July 2014
    not amended new Act
    R2
    29 July 2014
    29 July 2014–
    16 Nov 2014
    not amended modifications by SL2014-16
    R3
    17 Nov 2014
    17 Nov 2014–
    10 Feb 2015
    A2014-49 amendments by A2014-49
    R4
    11 Feb 2015
    11 Feb 2015–
    31 Dec 2017
    A2014‑49 expiry of provision (s 8 (5), (6))
    R5
    1 Jan 2018
    1 Jan 2018–
    24 Apr 2018
    A2017‑14 amendments by A2016‑55
    as amended by A2017‑14
    R6
    25 Apr 2018
    25 Apr 2018–
    25 Apr 2018
    A2018‑12 amendments by A2018‑12
    R7
    26 Apr 2018
    26 Apr 2018–
    29 Apr 2018
    A2018‑12 expiry of validation provisions (pt 10)
    R8
    30 Apr 2018
    30 Apr 2018–
    30 June 2018
    A2018‑12 amendments by A2017-14
    R9
    8 Nov 2018
    1 July 2018–
    30 June 2019
    A2018‑42 amendments by A2018‑42
    R10
    1 July 2019
    1 July 2019–
    31 Jan 2020
    A2018‑42 commenced provisions and expiry of provisions (divs 5.2 to 5.5)
    R11
    1 Feb 2020
    1 Feb 2020–
    1 July 2020
    A2019‑12 amendments by A2019‑12
    R12
    2 July 2020
    2 July 2020–
    26 Apr 2022
    A2019‑12 expiry of modification and
    transitional provisions (pt 6)
    1. Expired transitional or validating provisions

      This Act may be affected by transitional or validating provisions that have expired.  The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).

      Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.

      To find the expired provisions see the version of this Act before the expiry took effect.  The ACT legislation register has point-in-time versions of this Act.

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