Heavy Vehicle National Law Application Act 2013 (Vic)
Version No. 026
Heavy Vehicle National Law Application Act 2013
No. 30 of 2013
Version incorporating amendments as at
6 August 2025
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purposes
2Commencement
3Definitions
Part 2—Application of Heavy Vehicle National Law
4Application of Heavy Vehicle National Law
5Exclusion of legislation of this jurisdiction
6Disallowance of national regulations
7Rail replacement buses and buses responding to an emergency exemption
8Return of seized things or samples
9Use of certificates in assessing compensation
9AAdditional powers and functions of the Regulator—authorised officers under Victorian Acts
Part 3—Meaning of terms for Heavy Vehicle National Law (Victoria)
10Meaning of generic terms in Heavy Vehicle National Law for the purposes of this jurisdiction
11Authorised warrant official
12Authorised officer
13Infringement Notice Offences Law
14Local government authority
15Relevant tribunal or court
16Responsible Minister
17Road authority
18Road manager
19Road Rules
20Meaning of road and road-related area
21Meaning of convicts and convicted of an offence
22Primary WHS Law
23Power to forfeit particular things or samples
24Infringement offence under the Heavy Vehicle National Law (Victoria)
25Infringement penalty
26Review of decision by VCAT
27Meaning of relevant law
28Toll road authority
Part 4—Offences and legal proceedings
Division 1—General
29No double jeopardy
31Persons who may commence proceedings for offences
Division 2—Evidentiary provisions for offences against the Heavy Vehicle National Law (Victoria) or national regulations
32Average speed evidence of actual speed in certain circumstances
33Evidence of road distance
34Evidence of speed
35Evidence of engine management system data
36Certain matters indicated by prescribed road safety cameras are evidence
36AEvidence of mass
37Evidence of testing and sealing
38Evidence relating to prescribed road safety cameras
Part 6—General
Division 1—Regulations
54Regulations
Division 2—Savings and transitional provisions
56Definitions
57Authorised officers
58Fatigue management
59Work diary
Division 3—Savings and transitional arrangements—Transport Legislation Amendment Act 2019
59AApplication of Interpretation of Legislation Act 1984
Part 7—Consequential amendments
60Consequential amendments
61Repeal
Schedule
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 026
Heavy Vehicle National Law Application Act 2013
No. 30 of 2013
Version incorporating amendments as at
6 August 2025
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1Purposes
The main purposes of this Act are—
(a)to provide for the application of a National Law to regulate the use of heavy vehicles; and
(b)to make related and consequential amendments to other Acts.
2Commencement
This Act comes into operation on a day or days to be proclaimed.
3Definitions
(1)In this Act—
Head, Transport for Victoria has the same meaning as in section 3 of the Transport Integration Act 2010;
Heavy Vehicle National Law (Victoria) means the provisions applying in this jurisdiction because of section 4;
magistrate means a magistrate within the meaning of the Magistrates' Court Act 1989;
* * * * *
police officer has the same meaning as in the Victoria Police Act 2013;
* * * * *
Scrutiny of Acts and Regulations Committee means the committee established under section 5(k) of the Parliamentary Committees Act 2003;
Secretary means the Secretary to the Department of Transport and Planning;
this jurisdiction means Victoria.
(2)Terms used in this Act and also in the Heavy Vehicle National Law set out in the Schedule to the Heavy Vehicle National Law Act 2012 of Queensland have the same meanings in this Act as they have in that law.
PART 2—APPLICATION OF HEAVY VEHICLE NATIONAL LAW
4Application of Heavy Vehicle National Law
The Heavy Vehicle National Law, as in force from time to time, set out in the Schedule to the Heavy Vehicle National Law Act 2012 of Queensland—
(a)applies as a law of this jurisdiction; and
(b)as so applying may be referred to as the Heavy Vehicle National Law (Victoria); and
(c)so applies as if it were an Act.
5Exclusion of legislation of this jurisdiction
(1)The following Acts of this jurisdiction do not apply to the Heavy Vehicle National Law (Victoria) or to instruments made under that Law—
(a)the Financial Management Act 1994;
(b)the Freedom of Information Act 1982;
* * * * *
(d)the Interpretation of Legislation Act 1984, other than sections 11, 13 and 46A;
(e)the Monetary Units Act 2004;
(ea)the Privacy and Data Protection Act 2014;
(f)the Public Administration Act 2004;
(g)the Public Records Act 1973;
(h)the Subordinate Legislation Act 1994 (except as provided by section 6).
(2)However, the Acts referred to in subsection (1)(a), (b), (ea), (f) and (g) apply to a public sector body or a public sector employee exercising a function under the Heavy Vehicle National Law (Victoria).
(3)The Audit Act 1994 does not apply to the Heavy Vehicle National Law (Victoria) or to instruments made under that law, except to the extent that that law and those instruments apply to—
(a)a public sector body and the employees, decisions, actions and records of the public sector body in carrying out a function; or
(b)the Auditor-General in carrying out an audit as required by a national regulation made under section 693(3)(b) of the Heavy Vehicle National Law (Victoria).
(4)For the avoidance of doubt—
(a)subsection (1)(d) does not limit the application of the Interpretation of Legislation Act 1984 to a provision of this Act;
(b)subsection (1)(h) does not limit the application of the SubordinateLegislation Act 1994 to regulations made under section 54 of this Act.
(4A)The following Acts of this jurisdiction do not apply to a relevant authorised officer when the officer is performing a function or exercising a power under the Road Management Act 2004 or the Road Safety Act 1986—
(a)the Audit Act 1994;
(b)the Financial Management Act 1994;
(c)the Freedom of Information Act 1982;
(d)the Monetary Units Act 2004;
(e)the Privacy and Data Protection Act 2014;
(f)the Public Administration Act 2004;
(g)the Public Records Act 1973.
(5)In this section—
public sector body has the same meaning as in the Public Administration Act 2004;
public sector employee has the same meaning as in the Public Administration Act 2004;
relevant authorised officer means a member of staff of the Regulator who is—
(a)an authorised officer within the meaning of the Road Management Act 2004; or
(b)an authorised officer for the purposes of section 13, 16, 74 or Part 9 of the Road Safety Act 1986; or
(b)authorised for the purposes of section 53 or 59 of the Road Safety Act 1986.
6Disallowance of national regulations
(1)Section 15(1) and Part 5 (except sections 21(1)(ga) and (j)) of the Subordinate Legislation Act 1994 apply to a national regulation as if—
(a)the national regulation were a statutory rule within the meaning of that Act; and
(b)a reference in section 15(1) or 23(2)(a)(ii) of that Act to the publication of notice of the making of the statutory rule in the Government Gazette under section 17(2) of that Act were a reference to the later of—
(i)the publication of the national regulation under section 733 of the Heavy Vehicle National Law (Victoria);
(ii)the day this section comes into operation.
Note
Section 15(1) of the Subordinate Legislation Act 1994 requires that a statutory rule be laid before each House of Parliament. Part 5 of that Act provides for the suspension or disallowance of statutory rules in certain circumstances.
(2)If a national regulation is disallowed in whole or in part under the Subordinate Legislation Act 1994, then despite anything to the contrary in that Act, the disallowed regulation does not, or the disallowed part does not, cease to have effect in this jurisdiction unless the disallowed regulation, or disallowed part, is disallowed in a majority of the participating jurisdictions.
(3)In such a case, the disallowed regulation, or disallowed part, ceases to have effect on the date that regulation or part is disallowed in the last of the participating jurisdictions forming the majority of participating jurisdictions.
7Rail replacement buses and buses responding to an emergency exemption
(1)Chapter 6 of the Heavy Vehicle National Law (Victoria) does not apply to a person in the course of carrying out his or her duties as—
(a)a driver for a rail replacement bus service who is responding to a rail disruption; or
(b)a driver for a bus service who is responding to an emergency; or
(c)the record keeper for a driver referred to in paragraph (a) or (b).
(2)In this section—
bus service has the same meaning as in the Bus Safety Act 2009;
emergency means an event, or an anticipated event, that—
(a)endangers, or may endanger life, property or the environment; or
(b)has disrupted, or may disrupt, communications, energy, water supply or sewerage services; or
(c)is declared to be an emergency or disaster by—
(i)the Commonwealth or a State or Territory; or
(ii)a Commonwealth, State or Territory authority responsible for managing responses to emergencies or disasters;
rail disruption means the unplanned disruption of a rail service that is sufficiently serious to require the provision of a rail replacement bus service;
rail replacement bus service means a bus service (operated by an accredited bus operator within the meaning of the Bus Safety Act 2009) which carries passengers of a disrupted rail service;
rail service means a train service or a tram service.
8Return of seized things or samples
Section 556 of the Heavy Vehicle National Law (Victoria) applies as if after section 556(4) there were inserted—
"(4A)If the relevant tribunal or court is not satisfied as set out in subsection (4), it may—
(a)make an order for the return of the thing or sample to the person from whom it was seized or to the owner if that person is not entitled to possess it; or
(b)make an order that the thing or sample be forfeited to the State and—
(i)destroyed in accordance with the order; or
(ii)sold in accordance with the order and the proceeds of the sale paid into the Consolidated Fund.
(4B)An order made under subsection (4A)(b) cannot take effect before the end of any applicable appeal period or the determination of any appeal made within that period.".
9Use of certificates in assessing compensation
Section 613(1) of the Heavy Vehicle National Law (Victoria) applies as if a reference in that section to 28 days were a reference to 60 days.
9AAdditional powers and functions of the Regulator—authorised officers under Victorian Acts
(1)Section 658 of the Heavy Vehicle National Law (Victoria) applies as if after section 658(2) there were inserted—
"(3)In addition, without limiting subsection (1), the Regulator may exercise the powers conferred on the Regulator under the Road Safety Act 1986.".
(2)Section 659 of the Heavy Vehicle National Law (Victoria) applies as if after section 659(2)(n) there were inserted—
"(o)to make available members of staff of the Regulator to be—
(i)authorised officers within the meaning of the Road Management Act 2004; or
(ii)authorised officers for the purposes of section 13, 16 or 74 or Part 9 of the Road Safety Act 1986; or
(iii)authorised for the purposes of section 53, 59 or 77 of the Road Safety Act 1986; or
(iv)authorised by or under a prescribed Act to perform functions or exercise powers under that Act;
(p)any other functions conferred on the Regulator under the Road Safety Act 1986.".
PART 3—MEANING OF TERMS FOR HEAVY VEHICLE NATIONAL LAW (VICTORIA)
10Meaning of generic terms in Heavy Vehicle National Law for the purposes of this jurisdiction
In the Heavy Vehicle National Law (Victoria)—
* * * * *
this jurisdiction means Victoria.
11Authorised warrant official
A magistrate is declared to be an authorised warrant official for this jurisdiction for the purposes of the Heavy Vehicle National Law (Victoria).
Note
See section 5 of the Heavy Vehicle National Law (Victoria) for the definition of authorised warrant official.
12Authorised officer
(1)A police officer authorised by the Chief Commissioner of Police is declared to be an authorised officer for the purposes of Part 9.2 of the Heavy Vehicle National Law (Victoria).
(2)Any police officer is declared to be an authorised officer for the purposes of the Heavy Vehicle National Law (Victoria) other than Part 9.2.
* * * * *
Note
See section 5 of the Heavy Vehicle National Law (Victoria) for the definition of authorised officer.
13Infringement Notice Offences Law
(1)The Infringements Act 2006 and the regulations made under that Act are declared to be the Infringement Notice Offences Law for the purposes of the Heavy Vehicle National Law (Victoria).
(2)The Fines Reform Act 2014 and the regulations made under that Act are declared to be the Infringement Notice Offences Law for the purposes of enforcing an infringement notice issued under the Heavy Vehicle National Law (Victoria).
Note
See section 5 of the Heavy Vehicle National Law (Victoria) for the definition of Infringement Notice Offences Law.
14Local government authority
A Council within the meaning of the Local Government Act 2020 is declared to be a local government authority for this jurisdiction for the purposes of the Heavy Vehicle National Law (Victoria).
Note
See section 5 of the Heavy Vehicle National Law (Victoria) for the definition of local government authority.
15Relevant tribunal or court
(1)VCAT is declared to be the relevant tribunal or court for this jurisdiction for the purposes of the Heavy Vehicle National Law (Victoria) other than Division 2 of Part 9.4 and Part 10.1A of that Law.
Note
See section 5 of the Heavy Vehicle National Law (Victoria) for the definition of relevant tribunal or court.
(2)The Magistrates' Court is declared to be the relevant tribunal or court for this jurisdiction for the purposes Division 2 of Part 9.4 and Part 10.1A of the Heavy Vehicle National Law (Victoria).
16Responsible Minister
The Minister responsible for administering this Act is nominated as the responsible Minister for this jurisdiction for the purposes of the Heavy Vehicle National Law (Victoria).
Note
See section 5 of the Heavy Vehicle National Law (Victoria) for the definition of responsible Minister.
17Road authority
(1)The Head, Transport for Victoria is declared to be the road authority for this jurisdiction for the purposes of the Heavy Vehicle National Law (Victoria) other than section 712(a), (b) and (c).
Note
See section 5 of the Heavy Vehicle National Law (Victoria) for the definition of road authority.
(2)In addition, the Secretary is declared to be a road authority for this jurisdiction for the purposes of section 712 of the Heavy Vehicle National Law (Victoria).
18Road manager
(1)The following entities are declared to be the road manager for the following roads for the purposes of the Heavy Vehicle National Law (Victoria)—
(a)the Secretary for—
(i)a freeway;
(ii)an arterial road;
(iii)the Extension road;
(iv)the Link road;
(v)the EastLink;
(vi)the Peninsula Link Freeway;
(vii)the West Gate Tunnel tollway;
(viii)the North East Link road;
(b)the relevant responsible road authority under section 37(1)(c) or (d) of the Road Management Act 2004 for a non-arterial State road;
(c)the Council of the municipal district for a municipal road or part of a municipal road situated in that district;
(d)the owner of the road for any other road.
Note
See section 5 of the Heavy Vehicle National Law (Victoria) for the definition of road manager.
(2)An entity referred to in subsection (1) may enter into an arrangement with another such entity to transfer a function of the entity in relation to a road to that other entity.
(3)If an arrangement is in force under subsection (2), a reference in the Heavy Vehicle National Law (Victoria) to the road manager for the road in relation to the function transferred is taken to be a reference to the entity to which the function has been transferred.
(4)In this section—
arterial road has the same meaning as in the Road Management Act 2004;
EastLink has the same meaning as in the EastLink Project Act 2004;
Extension road has the same meaning as in the Melbourne City Link Act 1995;
freeway has the same meaning as in the Road Management Act 2004;
Link road has the same meaning as in the Melbourne City Link Act 1995;
municipal road has the same meaning as in the Road Management Act 2004;
non-arterial State road has the same meaning as in the Road Management Act 2004;
North East Link road has the same meaning as in the North East Link Act 2020;
Peninsula Link Freeway has the same meaning as in the Road Management Act 2004;
West Gate Tunnel tollway has the same meaning as in the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019.
19Road Rules
The Road Rules within the meaning of section 3(1) of the Road Safety Act 1986 are declared to be the Road Rules for the purposes of the Heavy Vehicle National Law (Victoria).
Note
See section 5 of the Heavy Vehicle National Law (Victoria) for the definition of Road Rules.
20Meaning of road and road-related area
(1)If a declaration of a place or class of places to
be a road or roads or a road related area or road related areas for the purposes of the Road Safety Act 1986 in an Order made under section 3(2)(a) of that Act is in force, it is taken to be a declaration of the area to which it relates to be a road or road-related area (as the case requires) for the purposes of the Heavy Vehicle National Law (Victoria).
Note
Section 8(3) of the Heavy Vehicle National Law (Victoria) provides for the declaration of an area to be a road or road-related area for the purposes of that Law.
(2)If a declaration of a place or class of places not to be a road or roads or a road related area or road related areas for the purposes of the Road Safety Act 1986 in an Order made under section 3(2)(a) of that Act is in force, the area to which the declaration relates is taken not to be a road or road-related area (as the case requires) for the purposes of the Heavy Vehicle National Law (Victoria).
21Meaning of convicts and convicted of an offence
For the avoidance of doubt, section 9(1) of the Heavy Vehicle National Law (Victoria) applies only for the purposes of that Law and offences under that Law and not for the purposes of any other law of this jurisdiction.
22Primary WHS Law
The Occupational Health and Safety Act 2004 and the regulations made under that Act are declared to be the primary WHS Law for the purposes of the Heavy Vehicle National Law (Victoria).
Note
See section 18(4) of the Heavy Vehicle National Law (Victoria) for the definition of primary WHS Law.
23Power to forfeit particular things or samples
The Victoria Police Act 2013 is the applicable legislation for the purposes of section 561(4)(b) of the Heavy Vehicle National Law (Victoria).
Note
Section 561(4)(b) of the Heavy Vehicle National Law (Victoria) makes provision for dealing with things or samples seized by a police officer.
24Infringement offence under the Heavy Vehicle National Law (Victoria)
An offence for which an infringement notice may be served under section 591 of the Heavy Vehicle National Law (Victoria) is an infringement offence for the purposes of the Infringements Act 2006.
25Infringement penalty
The infringement penalty for a prescribed offence within the meaning of section 591 of the Heavy Vehicle National Law (Victoria) is 10% of the maximum penalty for the offence.
Note
Section 591(3) of the Heavy Vehicle National Law (Victoria) sets out the meaning of prescribed offence. Section 596(3) of the Heavy Vehicle National Law (Victoria) provides for the maximum penalty for an offence applicable to a body corporate. Section 737 of the Heavy Vehicle National Law (Victoria) sets out the method for increasing a penalty amount each 1 July.
26Review of decision by VCAT
(1)A reference in the Heavy Vehicle National Law (Victoria) to an appeal against a review decision under Part 11.3 of that Law is a reference to an application to VCAT for review of the decision in accordance with the Victorian Civil and Administrative Tribunal Act 1998.
(2)For the avoidance of doubt, the Heavy Vehicle National Law (Victoria) is an enabling enactment for the purposes of the Victorian Civil and Administrative Tribunal Act 1998.
27Meaning of relevant law
The Road Safety Act 1986 is the law specified for the purposes of the definition of relevant law in section 727(1) of the Heavy Vehicle National Law (Victoria).
28Toll road authority
Each of the following is an entity for the purposes of paragraph (h) of the definition of authorised use in section 727(1) of the Heavy Vehicle National Law (Victoria)—
(a)the relevant corporation within the meaning of the Melbourne City Link Act 1995;
(b)the Freeway Corporation within the meaning of the EastLink Project Act 2004;
(ba)the West Gate Tunnel Corporation within the meaning of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019;
(bb)the relevant North East Link Tolling Corporation within the meaning of the North East Link Act 2020;
(c)any other person the Head, Transport for Victoria, by notice published in the Government Gazette, declares to be an entity for the purposes of that paragraph.
PART 4—OFFENCES AND LEGAL PROCEEDINGS
Division 1—General
29No double jeopardy
If—
(a)an act or omission is an offence against the Heavy Vehicle National Law (Victoria) or the national regulations and is also an offence against a law of another participating jurisdiction; and
(b)the offender has been punished for the offence under the law of the other jurisdiction—
the offender is not liable to be punished for the offence against the Heavy Vehicle National Law (Victoria) or the national regulations.
* * * * *
31Persons who may commence proceedings for offences
(1)A proceeding for an offence against the Heavy Vehicle National Law (Victoria) or the national regulations may be commenced by—
(a)the Regulator; or
* * * * *
(ba)a police officer; or
* * * * *
(d)an employee of the Victorian Public Service who is authorised in writing to do so either generally or in any particular case by the Regulator; or
(e)an authorised officer (other than a police officer) who is authorised in writing to do so either generally or in any particular case by the Regulator or the Secretary.
* * * * *
(2)An authorisation under subsection (1) is sufficient authority to continue proceedings in any case where the court amends the charge-sheet, warrant or summons.
(3)Any person authorised under subsection (1) may conduct before a court any proceedings for an offence against the Heavy Vehicle National Law (Victoria) or the national regulations.
Division 2—Evidentiary provisions for offences against the Heavy Vehicle National Law (Victoria) or national regulations
32Average speed evidence of actual speed in certain circumstances
(1)If, in a proceeding for an offence against the Heavy Vehicle National Law (Victoria) or national regulations—
(a)the speed at which a heavy vehicle travelled is relevant; and
(b)the prosecution relies on the average speed of the heavy vehicle between 2 points on a road as determined in accordance with subsection (2)—
the average speed so determined is evidence, and in the absence of evidence of the actual speed of the heavy vehicle to the contrary is proof, of the speed of the heavy vehicle.
(2)For the purposes of subsection (1), the average speed of a heavy vehicle between 2 points on a road expressed in kilometres per hour is calculated in accordance with the following formula and rounded down to the next whole number—
where—
Dis the shortest distance, expressed in metres, that would be travelled by a heavy vehicle on the road between the 2 points;
Tis the time, expressed in seconds (including any part of a second), that has elapsed between the heavy vehicle passing the first and second points.
Example
In 16·2 seconds a heavy vehicle travels between two points that are 400 metres apart. 400 × 3·6 divided by 16·2 equals 88·9 or, when rounded down to the next whole number, gives a result of 88. Therefore, for the purpose of subsection (1), the average speed of the heavy vehicle is 88 kilometres per hour.
(3)This section does not derogate from any other mode of proof of the speed of the heavy vehicle.
(4)For the purpose of a proceeding for an offence against the Heavy Vehicle National Law (Victoria) or national regulations, in which the speed at which a heavy vehicle travelled is relevant, if a heavy vehicle that is being towed is attached to a heavy vehicle, the heavy vehicle and the towing heavy vehicle are to be taken to be travelling at the same speed.
33Evidence of road distance
(1)A certificate in the prescribed form purporting to be issued by an approved surveyor certifying as to the shortest distance, expressed in metres, that would be travelled by a heavy vehicle on a road between 2 points is admissible in evidence in a proceeding for an offence against the Heavy Vehicle National Law (Victoria) or national regulations and, in the absence of evidence to the contrary, is proof of that distance.
(2)In this section—
approved surveyor means a licensed surveyor approved under section 78A(2) of the Road Safety Act 1986;
prescribed means prescribed in regulations made under the Road Safety Act 1986 for the purposes of section 78A of that Act.
34Evidence of speed
(1)If, in a proceeding for an offence against the Heavy Vehicle National Law (Victoria) or national regulations, the speed at which a heavy vehicle travelled on any occasion is relevant, evidence of the speed of the heavy vehicle as indicated or determined on that occasion by a prescribed road safety camera or prescribed speed detector when tested, sealed and used in the prescribed manner is, without prejudice to any other mode of proof and in the absence of evidence to the contrary, proof of the speed of the heavy vehicle on that occasion.
(2)For the purpose of a proceeding for an offence against the Heavy Vehicle National Law (Victoria) or national regulations in which the speed at which a heavy vehicle travelled on any occasion is relevant, if a heavy vehicle that is being towed is attached to another heavy vehicle, the heavy vehicle and the towing heavy vehicle are to be taken to be travelling at the same speed.
(3)In this section—
prescribed means prescribed in regulations made under the Road Safety Act 1986 for the purposes of section 79 of that Act.
35Evidence of engine management system data
(1)If, in a proceeding for an offence against the Heavy Vehicle National Law (Victoria) or national regulations, any information held in a heavy vehicle's engine management system is relevant, any representation of that information derived from an engine management system reading device specified by the regulations is to be presumed, in the absence of evidence to the contrary, to be an accurate record of that information if the device is operated in the manner specified for that device in the regulations and the information is derived in accordance with the regulations.
(2)In this section—
the regulations means regulations made under the Road Safety Act 1986 for the purposes of section 79A of that Act.
36Certain matters indicated by prescribed road safety cameras are evidence
(1)If, in a proceeding for an offence against the Heavy Vehicle National Law (Victoria) or national regulations, the speed at which a heavy vehicle travelled on any occasion is relevant, evidence of the speed of the heavy vehicle as indicated or determined on that occasion by—
(a)a prescribed road safety camera when tested, sealed and used in the prescribed manner; or
(b)an image or message produced by a prescribed road safety camera when tested, sealed and used in the prescribed manner; or
(c)an image or message produced by a prescribed process when used in the prescribed manner—
is, without prejudice to any other mode of proof and in the absence of evidence to the contrary, proof of the speed of the heavy vehicle on that occasion.
(2)For the purpose of a proceeding for an offence against the Heavy Vehicle National Law (Victoria) or national regulations, in which the speed at which a heavy vehicle travelled on any occasion is relevant, if a heavy vehicle that is being towed is attached to another heavy vehicle, the heavy vehicle or towed heavy vehicle and the towing heavy vehicle are to be taken to be travelling at the same speed.
(2A)For the purposes of subsection (1), if an image produced by a prescribed process when used in the prescribed manner depicts one or more motor vehicles, a marker on a particular motor vehicle that is a heavy vehicle and a message stating the speed of that heavy vehicle is, without prejudice to any other mode of proof and in the absence of evidence to the contrary, proof of the speed of that heavy vehicle on that occasion.
(3)If, in a proceeding for an offence against the Heavy Vehicle National Law (Victoria) or national regulations, the speed limit at the time and place at which a heavy vehicle travelled on any occasion is relevant, evidence of the speed limit at that time and place as indicated or determined on that occasion by an image or message produced by a prescribed process when used in the prescribed manner is, without prejudice to any other mode of proof and in the absence of evidence to the contrary, proof of the speed limit on that occasion.
(4)In this section—
prescribed means prescribed in regulations made under the Road Safety Act 1986 for the purposes of section 81 of that Act.
36AEvidence of mass
(1)In a proceeding for an offence against the Heavy Vehicle National Law (Victoria) or the national regulations, the mass carried on any axle of a heavy vehicle as determined by a prescribed device when tested, sealed and used in the prescribed manner is, after due allowance of the prescribed limits of error, proof, in the absence of evidence to the contrary, of the mass.
(2)Without prejudice to any other method of determining the mass of a heavy vehicle or of its load or of both, the mass of the load of any heavy vehicle carrying passengers may, for the purposes of the Heavy Vehicle National Law (Victoria) or the national regulations, be calculated on the basis that the mass of 16 adult passengers is 1 tonne.
(3)In this section—
prescribed means prescribed in regulations made under the Road Safety Act 1986 for the purposes of section 82 of that Act.
37Evidence of testing and sealing
(1)In a proceeding for an offence against the Heavy Vehicle National Law (Victoria) or national regulations, a certificate in the prescribed form to the effect that any prescribed speed detector referred to in section 34 has been tested or sealed in the prescribed manner, signed or purporting to be signed by a person authorised to do so by the regulations is, without prejudice to any other mode of proof and in the absence of evidence to the contrary, proof that the prescribed speed detector or device has been so tested or sealed.
(2)In this section—
prescribed means prescribed in regulations made under the Road Safety Act 1986 for the purposes of section 83 of that Act.
38Evidence relating to prescribed road safety cameras
(1)A certificate containing the prescribed information purporting to be issued by an authorised person certifying—
(a)that a prescribed road safety camera was tested, sealed or used in the prescribed manner; or
(b)that an image or message described in the certificate was produced by a prescribed road safety camera or by a prescribed process; or
(c)as to any other matter that appears in, or that can be determined from, the records kept in relation to the prescribed road safety camera or the prescribed process by Victoria Police—
is admissible in evidence in a proceeding for an offence against the Heavy Vehicle National Law (Victoria) or national regulations and, in the absence of evidence to the contrary, is proof of the matters stated in the certificate.
(2)In this section—
authorised person means a person authorised for the purposes of section 83A of the Road Safety Act 1986 by the Chief Commissioner of Police;
prescribed means prescribed in regulations made under the Road Safety Act 1986 for the purposes of section 83A of that Act.
* * * * *
PART 6—GENERAL
Division 1—Regulations
54Regulations
(1)The Governor in Council may make regulations for or with respect to—
(a)prescribing offences for the purposes of section 591 of the Heavy Vehicle National Law (Victoria);
(b)prescribing a notice that may be served under section 591 of the Heavy Vehicle National Law (Victoria);
(c)for any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.
(2)Regulations made under this section may—
(a)be of limited or general application; and
(b)leave any matter or thing to be decided by a specified person or class of person.
* * * * *
* * * * *
Division 2—Savings and transitional provisions
56Definitions
In this Division—
commencement day means the day on which section 4 comes into operation;
RS Act means the Road Safety Act 1986 as in force from time to time before the commencement day.
57Authorised officers
Despite section 748(3)(a) of the Heavy Vehicle National Law (Victoria)—
(a)a person who was an authorised officer under section 112 of the RS Act immediately before the commencement day is taken, on and after that day, to be an authorised officer for the purposes of the Heavy Vehicle National Law (Victoria) as if he or she had been appointed by the Regulator under section 481 of that Law; and
(b)an authorisation of a member of the police force for the purposes of paragraph (b) of the definition of authorised inspector in section 119 of the RS Act that was in force immediately before the commencement day is taken, on and after that day, to be an authorisation of the member for the purposes of section 12(1) of this Act.
58Fatigue management
A period spent driving a heavy vehicle within 7 days immediately before the commencement day is to be taken into account for the purposes of Chapter 6 of the Heavy Vehicle National Law (Victoria).
59Work diary
For the purposes of Chapter 6 of the Heavy Vehicle National Law (Victoria) a work diary kept in accordance with Part 10A of the RS Act on or before the commencement day is taken to be a written work diary for the purposes of that Law.
Division 3—Savings and transitional arrangements—Transport Legislation Amendment Act 2019
59AApplication of Interpretation of Legislation Act 1984
Except where the contrary intention appears, any regulations made under this Division do not affect or take away from the Interpretation of Legislation Act 1984.
* * * * *
PART 7—CONSEQUENTIAL AMENDMENTS
60Consequential amendments
On the coming into operation of an item in the Schedule, the Act specified in the heading to that item is amended as set out in that item.
61Repeal
This Part and the Schedule are repealed on the first anniversary of the commencement of section 53.
Note
The repeal of this Part and the Schedule does not affect the continuing operation of the amendments made by this Part and the Schedule (see section 15(1) of the Interpretation of Legislation Act 1984).
SCHEDULE
Section 60
CONSEQUENTIAL AMENDMENTS
Part 1—Consequential amendments on commencement of National Law
1Accident Compensation Act 1985
1.1After section 239AAC insert—
"239AAD Regulator may disclose information to Authority
(1)The Regulator may, at the written request of the Authority, disclose relevant information gained by the Regulator to the Authority for the purpose of the assessment by the Authority of a claim by a person for compensation under this Act, being relevant information that the Authority considers relates to conduct by the person that the Authority considers may be conduct to which the injury to which the claim relates may be attributable.
(2)In this section—
Regulator has the same meaning as in the Heavy Vehicle National Law (Victoria);
relevant information means details of—
(a)a conviction or finding of guilt; or
(b)an infringement notice within the meaning of the Infringements Act 2006—
that relate, or may relate, to conduct comprising serious and wilful misconduct as referred to in section 82(4).".
2Accident Towing Services Act 2007
2.1In section 3(1), for the definition of mass, dimension or load restraint limit or requirement substitute—
"mass, dimension or load restraint limit or requirement means—
(a)a mass, dimension or load restraint limit or requirement within the meaning of the Road Safety Act 1986; or
(b)a mass, dimension or loading requirement within the meaning of the Heavy Vehicle National Law (Victoria);".
2.2In section 3(6), after "Act 1986" insert "or the Heavy Vehicle National Law (Victoria)".
2.3In section 32(1)—
(a)in paragraph (b), for "Acts." substitute "Acts; or";
(b)after paragraph (b) insert—
"(c)the holder of the licence has not complied with a provision of the Heavy Vehicle National Law (Victoria) or the national regulations.".
3Children, Youth and Families Act 2005
3.1Clause 12(4) of Schedule 3 is repealed.
4Infringements Act 2006
4.1Section 61(4) is repealed.
5Interpretation of Legislation Act 1984
5.1After section 38H insert—
"38I References to Heavy Vehicle National Law
In an Act or a subordinate instrument—
Heavy Vehicle National Law (Victoria) means the provisions applying because of section 4 of the Heavy Vehicle National Law Application Act 2013.".
6Local Government Act 1989
6.1After section 208 insert—
"208AA Heavy Vehicle National Law (Victoria)
A Council must not exercise its powers under this Division inconsistently with the functions and powers of the Regulator under the Heavy Vehicle National Law (Victoria) and the national regulations under that Law.".
7Magistrates' Court Act 1989
7.1In section 82I(1) after "Act 1986" insert "or the Heavy Vehicle National Law (Victoria)".
8Road Safety Act 1986
8.1In section 3(1) in the example at the foot of the definition of approved road transport compliance scheme omit "or for a system involving the use of an intelligent transport system".
8.2In section 3(1) the definition of associate is repealed.
8.3In section 3(1) the definition of beneficiary is repealed.
8.4In section 3(1) the definition of container weight declaration is repealed.
8.5In section 3(1) the definition of engage in conduct is repealed.
8.6In section 3(1) the definition of fatigue regulated heavy vehicle is repealed.
8.7In section 3(1) for the definition of heavy vehicle substitute—
"heavy vehicle has the same meaning as in the Heavy Vehicle National Law (Victoria);".
8.8In section 3(1) the definition of intelligent transport system is repealed.
8.9In section 3(1) insert the following definition—
"Regulator has the same meaning as in the Heavy Vehicle National Law (Victoria);".
8.10In section 3(1) for the definition of semi-trailer substitute—
"semi-trailer means a trailer that has—
(a)one axle group or a single axle towards the rear; and
(b)a means of attachment to a prime mover that results in some of the mass of the trailer's load being imposed on the prime mover;".
8.11In section 3AAA(a)—
(a)omit "or fatigue regulated heavy vehicle";
(b)omit "or fatigue regulated heavy vehicles".
8.12After section 25(2) insert—
"(2A)For the avoidance of doubt, the regulations may provide that a person may incur demerit points in respect of an offence against the Heavy Vehicle National Law (Victoria) or the national regulations under that Law.".
8.13In section 28(1B)(a) for "or load restraint limit or requirement" substitute "or loading requirement within the meaning of the Heavy Vehicle National Law (Victoria)".
8.14In section 77A for "or 6 of Part 10 or under Part 10A" substitute "of Part 10".
8.15Section 77B is repealed.
8.16In section 84BB for the definition of corresponding law substitute—
"corresponding law means—
(a)a law of the Commonwealth or of another State or of a Territory that corresponds to Division 2 of Part 2; or
(b)the Heavy Vehicle National Law (Victoria) or a law of another State or of a Territory that corresponds to that law;".
8.17Section 103R is repealed.
8.18Section 103S is repealed.
8.19Section 103T is repealed.
8.20After section 103ZF insert—
"103ZG Transitional provision Heavy Vehicle National Law Application Act 2013
Part 11 as in force immediately before its repeal by item 8.35 of the Schedule to the Heavy Vehicle National Law Application Act 2013, continues to apply to offences alleged to have been committed before that commencement.".
8.21For section 149A substitute—
"149A Part does not apply to a heavy vehicle
This Part does not apply to a heavy vehicle.
Note
Chapter 4 of the Heavy Vehicle National Law (Victoria) sets out the mass, dimension and loading requirements for heavy vehicles.".
8.22Section 162(2)(a) is repealed.
8.23Section 163(2)(a) is repealed.
8.24Section 167 is repealed.
8.25At the foot of section 171(2) insert—
"Note
The penalties that apply in respect of the offences created by this section are set out in section 178.".
8.26Section 171(3) is repealed.
8.27At the foot of section 172(2) insert—
"Note
The penalties that apply in respect of the offences created by this section are set out in section 178.".
8.28Section 172(3) is repealed.
8.29Section 174(3) is repealed.
8.30Section 175(3) is repealed.
8.31The note at the foot of section 176(2) is repealed.
8.32Section 180 is repealed.
8.33Division 6 of Part 10 is repealed.
8.34For Part 10A substitute—
"PART 10A—FATIGUE MANAGEMENT LIGHT BUSES
Division 1—Application of Heavy Vehicle National Law (Victoria)
191ADefinition
In this Part—
light bus means a bus with a GVM of 4.5 tonnes or less.
191BApplication of the Heavy Vehicle National Law (Victoria)—fatigue management of light buses
For the purposes of this Act the following provisions of the Heavy Vehicle National Law (Victoria) apply to a light bus—
(a)Chapter 6; and
(b)sections 622, 623, 653(g) and (h), 654, 725, 726 and 740.
Division 2—Meaning of terms for Heavy Vehicle National Law (Victoria)
191CMeaning of fatigue-regulated heavy vehicle
The provisions of the Heavy Vehicle National Law (Victoria) applied under section 191B, apply as if a reference to a fatigue-regulated heavy vehicle under that Law were a reference to a light bus.
191DMeaning of fatigue-regulated bus
The provisions of the Heavy Vehicle National Law (Victoria) applied under section 191B, apply as if a reference to a fatigue-regulated bus under that Law were a reference to a light bus.
191EMeaning of Regulator
The provisions of the Heavy Vehicle National Law (Victoria) applied under section 191B, apply as if a reference to the Regulator under that Law were a reference to the Corporation.
191FMeaning of responsible Ministers
The provisions of the Heavy Vehicle National Law (Victoria) applied under section 191B, apply as if a reference to the responsible Ministers under that Law were a reference to the Minister.
__________________".
8.35Part 11 is repealed.
8.36Part 12 is repealed.
8.37Part 13 is repealed.
8.38Schedule 3 is repealed.
8.39Schedule 4 is repealed.
8.40Schedule 4A is repealed.
9Sheriff Act 2009
9.1In section 30(1)(a), after "Road Safety Act 1986" insert "or the Heavy Vehicle National Law (Victoria)".
* * * * *
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 18 April 2013
Legislative Council: 9 May 2013
The long title for the Bill for this Act was "A Bill for an Act to provide for the application of a National Law to regulate the use of heavy vehicles, to make related and consequential amendments to other Acts and for other purposes."
The Heavy Vehicle National Law Application Act 2013 was assented to on 4 June 2013 and came into operation as follows:
Sections 1–52, 54–61 and Part 1 of the Schedule on 10 February 2014: Special Gazette (No. 28) 4 February 2014 page 1; section 53 and Part 2 of the Schedule not yet proclaimed.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Heavy Vehicle National Law Application Act 2013 by Acts and subordinate instruments.
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Heavy Vehicle National Law Application Act 2013, No. 30/2013
Assent Date: 4.6.13 Commencement Date: S. 59B(6) inserted on 1.1.20 by No. 49/2019 s. 154: Special Gazette (No. 514) 10.12.19 p. 1 Note: S. 59B(6) provided that s. 59B expired on 1.1.22 Current State: This information relates only to the provision/s amending the Heavy Vehicle National Law Application Act 2013
Statute Law Revision Act 2013, No. 70/2013
Assent Date: 19.11.13 Commencement Date: S. 3(Sch. 1 item 21) on 1.12.13: s. 2(1) Current State: This information relates only to the provision/s amending the Heavy Vehicle National Law Application Act 2013
Road Legislation Amendment Act 2013, No. 74/2013
Assent Date: 3.12.13 Commencement Date: Ss 20–32 on 10.2.14: Special Gazette (No. 28) 4.2.14 p. 1 Current State: This information relates only to the provision/s amending the Heavy Vehicle National Law Application Act 2013
Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014, No. 35/2014
Assent Date: 13.5.14 Commencement Date: Ss 59–61 on 14.5.14: s. 2(1) Current State: This information relates only to the provision/s amending the Heavy Vehicle National Law Application Act 2013
Victoria Police Amendment (Consequential and Other Matters) Act 2013, No. 37/2014
Assent Date: 3.6.14 Commencement Date: S. 10(Sch. item 79) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 Current State: This information relates only to the provision/s amending the Heavy Vehicle National Law Application Act 2013
Fines Reform Act 2014, No. 47/2014
Assent Date: 1.7.14 Commencement Date: Ss 266, 267 on 31.12.17: Special Gazette (No. 443) 19.12.17 p. 1 Current State: This information relates only to the provision/s amending the Heavy Vehicle National Law Application Act 2013
Privacy and Data Protection Act 2014, No. 60/2014
Assent Date: 2.9.14 Commencement Date: S. 140(Sch. 3 item 26) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1 Current State: This information relates only to the provision/s amending the Heavy Vehicle National Law Application Act 2013
Heavy Vehicles Legislation Amendment Act 2015, No. 45/2015
Assent Date: 22.9.15 Commencement Date: Ss 3, 4 on 23.9.15: s. 2 Current State: This information relates only to the provision/s amending the Heavy Vehicle National Law Application Act 2013
Road Legislation Further Amendment Act 2016, No. 70/2016
Assent Date: 29.11.16 Commencement Date: S. 52 on 1.1.17: Special Gazette (No. 389) 20.12.16 p. 1 Current State: This information relates only to the provision/s amending the Heavy Vehicle National Law Application Act 2013
Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019, No. 7/2019
Assent Date: 26.3.19 Commencement Date: Ss 35, 40 on 27.3.19: s. 2(1) Current State: This information relates only to the provision/s amending the Heavy Vehicle National Law Application Act 2013
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019, No. 8/2019
Assent Date: 26.3.19 Commencement Date: Ss 109, 110 on 19.2.20: s. 2(3) Current State: This information relates only to the provision/s amending the Heavy Vehicle National Law Application Act 2013
Transport Legislation Amendment Act 2019, No. 49/2019
Assent Date: 3.12.19 Commencement Date: Ss 144, 148, 150−153, 155, 194, 195 on 4.12.19: s. 2(1); ss 141−143, 145−147, 149, 154 on 1.1.20: Special Gazette (No. 514) 10.12.19 p. 1 Current State: This information relates only to the provision/s amending the Heavy Vehicle National Law Application Act 2013
Local Government Act 2020, No. 9/2020
Assent Date: 24.3.20 Commencement Date: S. 390(Sch. 1 item 52) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1 Current State: This information relates only to the provision/s amending the Heavy Vehicle National Law Application Act 2013
North East Link Act 2020, No. 18/2020
Assent Date: 10.6.20 Commencement Date: Ss 132, 133 on 1.3.21: s. 2(2) Current State: This information relates only to the provision/s amending the Heavy Vehicle National Law Application Act 2013
Transport Legislation Amendment Act 2020, No. 41/2020
Assent Date: 1.12.20 Commencement Date: S. 6 on 2.12.20: s. 2(1) Current State: This information relates only to the provision/s amending the Heavy Vehicle National Law Application Act 2013
Statute Law Revision Act 2024, No. 13/2024
Assent Date: 23.4.24 Commencement Date: S. 3(Sch. 1 item 7) on 24.4.24: s. 2 Current State: This information relates only to the provision/s amending the Heavy Vehicle National Law Application Act 2013
Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025, No. 25/2025
Assent Date: 5.8.25 Commencement Date: S. 106(Sch. 1 item 20) on 6.8.25: s. 2(1) Current State: This information relates only to the provision/s amending the Heavy Vehicle National Law Application Act 2013
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3 Explanatory details
No entries at date of publication.
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