Heavy Vehicle National Law (NSW) (NSW)

Case
No judgment structure available for this case.

Does not include amendments by—

Passenger Transport Act 2014 No 46 (amended by Point to Point Transport (Taxis and Hire Vehicles) Act 2016 No 34 and Heavy Vehicle Legislation Amendment (National Regulator) Act 2021 No 9), Sch 4.4 (not commenced)

Heavy Vehicle National Law and Other Legislation Amendment Act 2019 No 29 of Qld, secs 10 and 11 (not commenced)

Note—

The Heavy Vehicle National Law is applied and modified as a law of NSW by the NSW Heavy Vehicle (Adoption of National Law) Act 2013. This version is the Law as it applies in NSW.

Editorial note.

The Heavy Vehicle National Law is applied (with modifications) as a law of NSW by the NSW Heavy Vehicle (Adoption of National Law) Act 2013. This version is the Law as it applies in NSW.

Chapter 1PreliminaryPart 1.1Introductory matters1Short title

This Law may be cited as the Heavy Vehicle National Law (NSW).

2Commencement(1)

This Law commences in this jurisdiction on 10 February 2014, except as provided by subsection (2).

(2)

Section 84 of this Law commences in this jurisdiction on the day on which section 84 of the Heavy Vehicle National Law (Queensland) commences in Queensland.

Note—

This section is substituted for New South Wales.

3Object 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.

4Regulatory 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.

s 4: Am 2018 No 10, sec 13; 2018 (354), Sch 1 [1].

Part 1.2Interpretation5Definitions

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

  • 2

    For 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.

  • 3

    For 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.

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.

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.

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.

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.

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 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.

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

    Note—

    AS 3711.1 may be purchased from Standards Australia at < label="(b)">(b)

    a re-usable container of the same or a similar design and construction to a container mentioned in paragraph (a) though of different dimensions.

Fund means the National Heavy Vehicle Regulator Fund established under section 687.

garage address, of a heavy vehicle, means—

  • (a)

    for a heavy vehicle normally kept at a depot when not in use—the principal depot of the vehicle; or

  • (b)

    for a heavy vehicle not normally kept at a depot when not in use—the address of the place of business or residence at which the vehicle is normally kept when not in use.

GCM (gross combination mass), of a motor vehicle, means the total maximum loaded mass of the motor vehicle and any vehicles it may lawfully tow at any given time—

  • (a)

    if the registration authority has specified the total maximum loaded mass of the motor vehicle and any vehicles it may lawfully tow at any given time—specified by the registration authority; or

  • (b)

    otherwise—stated by the motor vehicle’s manufacturer.

goods

  • (a)

    includes—

    • (i)

      animals (whether alive or dead); and

    • (ii)

      a container (whether empty or not); but

  • (b)

    does not include—

    • (i)

      people; or

    • (ii)

      fuel, water, lubricants and readily removable equipment required for the normal use of the vehicle or combination in which they are carried; or

    • (iii)

      personal items used by the driver of the vehicle or combination, or someone else necessary for the normal use of the vehicle, in which they are carried.

GVM (gross vehicle mass), of a vehicle, means the maximum loaded mass of the vehicle—

  • (a)

    if the registration authority has specified the vehicle’s maximum loaded mass—specified by the registration authority; or

  • (b)

    otherwise—stated by the vehicle’s manufacturer.

hauling unit means a motor vehicle that forms part of a combination, but does not include a prime mover.

heavy combination means a combination that is a heavy vehicle.

heavy motor vehicle means a motor vehicle that is a heavy vehicle.

heavy trailer means a trailer that is a heavy vehicle.

heavy vehicle has the meaning given by section 6.

heavy vehicle accreditation means—

  • (a)

    AFM accreditation; or

  • (b)

    BFM accreditation; or

  • (c)

    maintenance management accreditation; or

  • (d)

    mass management accreditation.

heavy vehicle standards has the meaning given by section 59.

higher mass limits, for the purposes of Chapter 7, has the meaning given by section 403.

hire vehicle means a hire vehicle within the meaning of the Point to Point Transport (Taxis and Hire Vehicles) Act 2016 of New South Wales.

Note—

This definition is inserted for New South Wales.

HML authority, for the purposes of Chapter 7, has the meaning given by section 403.

home address means—

  • (a)

    for an individual—the individual’s residential address in Australia; or

  • (b)

    for a body corporate with a registered office in Australia—the address of the registered office; or

  • (c)

    for another person—the address of the person’s principal or only place of business in Australia.

identification details, for the purposes of Division 6 of Part 9.3, has the meaning given by section 525.

identification plate means a plate approved to be placed on a vehicle, or taken to have been placed on a vehicle, under the Motor Vehicle Standards Act 1989.

impaired by fatigue has the meaning given by section 225.

improvement notice has the meaning given by section 572(2).

in, a vehicle, includes on the vehicle.

indicated, by an official traffic sign, includes—

  • (a)

    indicated by way of a direction on an official traffic sign; and

  • (b)

    indicated by way of a direction, indication or requirement that, under a law, is prescribed as being given or imposed, because of an official traffic sign.

indictable offence means an offence mentioned in section 26F.

information includes—

  • (a)

    information in the form of a printed document; and

    Note—

    See the definitions printed and document in section 12 of Schedule 1.

  • (b)

    information stored electronically.

information notice, for a decision, means a notice stating the following—

  • (a)

    the decision;

  • (b)

    the reasons for the decision;

  • (c)

    the review and appeal information for the decision.

infringement notice means—

  • (a)

    an infringement notice issued under section 591; or

  • (b)

    an infringement notice, expiation notice, penalty notice or similar notice under the Infringement Notice Offences Law.

Infringement Notice Offences Law, for a participating jurisdiction, means the law that is declared by a law of that jurisdiction to be the Infringement Notice Offences Law for the purposes of this Law.

inspect, a thing, includes—

  • (a)

    open the thing and examine its contents; and

  • (b)

    test the thing or its contents or both.

intelligent access program agreement, for the purposes of Chapter 7, has the meaning given by section 403.

intelligent access program audit, for the purposes of Chapter 7, has the meaning given by section 403.

intelligent access program auditor means a person engaged by TCA for auditing activities conducted by intelligent access program service providers.

intelligent access program conditions has the meaning given by section 402.

intelligent access program information, for the purposes of Chapter 7, has the meaning given by section 403.

intelligent access map means the spatial data set in electronic form, issued by TCA from time to time, that defines the national public road system.

intelligent access program reporting entity, for the purposes of Chapter 6, has the meaning given by section 221.

intelligent access program service provider has the meaning given by section 403.

intelligent access program vehicle, for the purposes of Chapter 7, has the meaning given by section 403.

intelligent transport system means a system involving the use of electronic or other technology, whether located in a heavy vehicle or on or near a road or elsewhere, that is able to monitor, generate, record, store, display, analyse, transmit or report information about—

  • (a)

    any or all of the following—

    • (i)

      a heavy vehicle, its equipment or load;

    • (ii)

      the driver of a heavy vehicle;

    • (iii)

      an operator of a heavy vehicle;

    • (iv)

      anyone else involved in road transport using a heavy vehicle; and

  • (b)

    without limiting paragraph (a), the compliance or noncompliance with this Law of the use of a heavy vehicle on a road.

investigation purposes means investigating a contravention or suspected contravention of this Law.

journey documentation

  • (a)

    means a document, other than transport documentation, in any form—

    • (i)

      directly or indirectly associated with—

      • (A)

        a transaction for the actual or proposed road transport of goods or passengers using a heavy vehicle, or for a previous transport of the goods or passengers by any transport method; or

      • (B)

        goods or passengers, to the extent the document is relevant to a transaction for their actual or proposed road transport; and

    • (ii)

      whether relating to a particular journey or to journeys generally; and

  • (b)

    includes, for example, any or all of the following—

    • (i)

      a document kept, used or obtained by a responsible person for a heavy vehicle in connection with the transport of goods or passengers;

    • (ii)

      a workshop, maintenance or repair record relating to a heavy vehicle used, or claimed to be used, for transporting goods or passengers;

    • (iii)

      a subcontractor’s payment advice relating to goods or passengers or their transport;

    • (iv)

      records kept, used or obtained by the driver of a heavy vehicle used, or claimed to be used, for transporting goods or passengers;

      Examples—
      • driver’s run sheet

      • work diary entry

      • fuel docket or receipt

      • food receipt

      • tollway receipt

      • pay record

      • mobile or other telephone record

    • (v)

      information reported through the use of an intelligent transport system;

    • (vi)

      a driver manual or instruction sheet;

    • (vii)

      an advice resulting from check weighing of a heavy vehicle’s mass or load performed before, during or after a journey.

Note—

See the definition document in section 12 of Schedule 1.

law enforcement agency means an agency that has functions or activities directed at the prevention, detection, investigation, prosecution or punishment of offences and other contraventions of a law for which penalties or sanctions may be imposed.

law enforcement purposes, for the purposes of Chapter 7, has the meaning given by section 403.

load, of a heavy vehicle or in a heavy vehicle, means—

  • (a)

    all the goods, passengers, drivers and other persons in the vehicle; and

  • (b)

    all fuel, water, lubricants and readily removable equipment carried in the vehicle and required for its normal use; and

  • (c)

    personal items used by the vehicle’s driver or someone else necessary for the normal use of the vehicle; and

  • (d)

    anything that is normally removed from the vehicle when not in use.

load, when used as a verb, and loader

A person loads goods in a heavy vehicle, and is a loader of goods in a heavy vehicle, if the person is a person who—

  • (a)

    loads the vehicle, or any container that is in or part of the vehicle, with the goods for road transport; or

  • (b)

    loads the vehicle with a freight container, whether or not it contains goods, for road transport.

loaded mass, of a vehicle, means the vehicle’s mass together with the mass of the vehicle’s load that is transmitted to the ground.

loading manager, for goods in a heavy vehicle, means—

  • (a)

    a person who manages, or is responsible for the operation of, regular loading or unloading premises for heavy vehicles where the goods are—

    • (i)

      loaded onto the heavy vehicle; or

    • (ii)

      unloaded from the heavy vehicle; or

  • (b)

    a person who has been assigned by a person mentioned in paragraph (a) as responsible for supervising, managing or controlling, directly or indirectly, activities carried out by a loader or unloader of goods at regular loading or unloading premises for heavy vehicles.

loading requirements has the meaning given by section 110.

local government authority, for a participating jurisdiction, means an entity that is declared by a law of that jurisdiction to be a local government authority for that jurisdiction for the purposes of this Law.

maintenance management accreditation means—

  • (a)

    maintenance management accreditation granted under section 458; or

  • (b)

    accreditation of a similar kind under another law of a participating jurisdiction.

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

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

major defect notice means a notice complying with the requirements for a major defect notice under section 527.

major rest break, for the purposes of Chapter 6, has the meaning given by section 221.

malfunction

  • (a)

    for the purposes of Chapter 6, has the meaning given by section 221; and

  • (b)

    for the purposes of Chapter 7, has the meaning given by section 403.

management member, of an unincorporated body, means—

  • (a)

    if the body has a management committee—each member of the management committee; or

  • (b)

    otherwise—each member who is concerned with, or takes part in, the body’s management, whatever name is given to the member’s position in the body.

mass, dimension or loading requirement means a mass requirement, dimension requirement or loading requirement.

mass management accreditation means—

  • (a)

    mass management accreditation granted under section 458; or

  • (b)

    accreditation of a similar kind under another law of a participating jurisdiction.

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

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

mass or dimension authority means—

  • (a)

    a mass or dimension exemption; or

  • (b)

    a class 2 heavy vehicle authorisation.

mass or dimension exemption means—

  • (a)

    a mass or dimension exemption (notice); or

  • (b)

    a mass or dimension exemption (permit).

mass or dimension exemption (notice) has the meaning given by section 117(2).

mass or dimension exemption (permit) has the meaning given by section 122(3).

mass requirement means—

  • (a)

    a prescribed mass requirement (under section 95); or

  • (b)

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

  • (c)

    a requirement as to a mass limit under a PBS vehicle approval; or

  • (d)

    a requirement as to a mass limit indicated by an official traffic sign; or

    Note—

    See the definitions indicated and official traffic sign.

  • (e)

    a requirement as to a mass limit under the GVM or GCM for a heavy vehicle; or

  • (f)

    a requirement as to a mass limit for a component vehicle as stated by the manufacturer or as prescribed by a heavy vehicle standard.

maximum work requirement means a requirement of Chapter 6 relating to a maximum work time for the driver of a fatigue-regulated heavy vehicle.

maximum work time means the maximum time the driver of a fatigue-regulated heavy vehicle may drive a fatigue-regulated heavy vehicle, or otherwise work, without taking a rest.

minimum rest requirement means a requirement of Chapter 6 relating to the minimum rest time for the driver of a fatigue-regulated heavy vehicle.

minimum rest time means the minimum time the driver of a fatigue-regulated heavy vehicle must rest in order to break up the period of time the driver drives a fatigue-regulated heavy vehicle or otherwise works.

minor defect notice means a notice complying with the requirements for a minor defect notice under section 527.

minor risk breach

  • (a)

    for a mass requirement—has the meaning given by section 98; or

  • (b)

    for a dimension requirement—has the meaning given by section 105; or

  • (c)

    for a loading requirement—has the meaning given by section 112; or

  • (d)

    for a maximum work requirement or minimum rest requirement—has the meaning given by section 222(1).

modification, for the purposes of Part 3.3, has the meaning given by section 84.

monitoring purposes means finding out whether this Law is being complied with.

motor vehicle means a vehicle built to be propelled by a motor that forms part of the vehicle.

Motor Vehicle Standards Act 1989 means the repealed Motor Vehicle Standards Act 1989 of the Commonwealth as in force before its repeal.

national regulations means the regulations made under section 730.

National Transport Commission means the National Transport Commission established by the National Transport Commission Act 2003 of the Commonwealth.

night means the period between sunset on a day and sunrise on the next day.

night rest break means—

  • (a)

    7 continuous hours stationary rest time between 10p.m. on a day and 8a.m. on the next day; or

    Note—

    Under sections 248 and 303, the time must be based on the time zone of the driver’s base for drivers on a journey in a different time zone to the driver’s base.

  • (b)

    24 continuous hours stationary rest time.

night work time, for the purposes of Chapter 6, has the meaning given by section 221.

noncompliance report, for the purposes of Chapter 7, has the meaning given by section 403.

non-participating jurisdiction, for the purposes of Chapter 6, has the meaning given by section 221.

notice

  • (a)

    means written notice; and

  • (b)

    for the purposes of Division 5B of Part 9.4, has the meaning given by section 576D.

occupier, of a place, includes the following—

  • (a)

    if there is more than 1 person who apparently occupies the place—any 1 of the persons;

  • (b)

    any person at the place who is apparently acting with the authority of a person who apparently occupies the place;

  • (c)

    if no-one apparently occupies the place—any person who is an owner of the place.

official means any of the following persons exercising a function under this Law—

  • (a)

    the Regulator;

  • (b)

    a road authority;

  • (c)

    an authorised officer.

official traffic sign means a sign or device erected or placed, under a law, by a public authority (including, for example, a police force or police service) to regulate traffic.

operate and operator

A person operates a vehicle or combination, and is an operator of the vehicle or combination, if the person is responsible for controlling or directing the use of—

  • (a)

    for a vehicle (including a vehicle in a combination)—the vehicle; or

  • (b)

    for a combination—the towing vehicle in the combination.

oversize vehicle means a heavy vehicle that does not comply with a dimension requirement applying to it.

owner

  • (a)

    of a vehicle means—

    • (i)

      each person who is an owner, joint owner or part owner of the vehicle; or

    • (ii)

      a person who has the use or control of the vehicle under a credit agreement, hiring agreement, hire-purchase agreement or leasing arrangement; or

  • (b)

    of a combination means—

    • (i)

      each person who is an owner, joint owner or part owner of the towing vehicle in the combination; or

    • (ii)

      a person who has the use or control of the towing vehicle in the combination under a credit agreement, hiring agreement, hire-purchase agreement or leasing arrangement; or

  • (c)

    of a sample means an owner of the sample or the thing from which it was taken.

pack and packer

A person packs goods, and is a packer of goods, if the person—

  • (a)

    puts the goods in packaging, even if that packaging is already on a vehicle; or

    Example for the purposes of paragraph (a)—

    A person who uses a hose to fill the tank of a tank vehicle with petrol packs the petrol for transport.

  • (b)

    assembles the goods as packaged goods in an outer packaging, even if that packaging is already on a vehicle; or

  • (c)

    supervises an activity mentioned in paragraph (a) or (b); or

  • (d)

    manages or controls an activity mentioned in paragraph (a), (b) or (c).

packaging, in relation to goods, means anything that contains, holds, protects or encloses the goods, whether directly or indirectly, to enable them to be received or held for transport, or to be transported.

Note—

It may be that a container constitutes the whole of the packaging of goods, as in the case of a drum in which goods are directly placed.

participating jurisdiction

  • (a)

    for the purposes of this Law other than Chapter 6—means a State or Territory in which—

    • (i)

      this Law applies as a law of the State or Territory; or

    • (ii)

      a law that substantially corresponds to the provisions of this Law has been enacted; or

    • (iii)

      a law prescribed by the national regulations for the purposes of this subparagraph has been enacted; or

  • (b)

    for the purposes of Chapter 6—has the meaning given by section 221.

party in the chain of responsibility, for a heavy vehicle, means each of the following persons—

  • (a)

    if the vehicle’s driver is an employed driver—an employer of the driver;

  • (b)

    if the vehicle’s driver is a self-employed driver—a prime contractor for the driver;

  • (c)

    an operator of the vehicle;

  • (d)

    a scheduler for the vehicle;

  • (e)

    a consignor of any goods in the vehicle;

  • (f)

    a consignee of any goods in the vehicle;

  • (g)

    a packer of any goods in the vehicle;

  • (h)

    a loading manager for any goods in the vehicle;

  • (i)

    a loader of any goods in the vehicle;

  • (j)

    an unloader of any goods in the vehicle.

passenger, of a vehicle, means any person carried in the vehicle other than the vehicle’s driver or someone else necessary for the normal use of the vehicle.

PBS design approval means a current approval given under section 22 for the design of a type of heavy vehicle that, if built to the design, is eligible for PBS vehicle approval.

Note—

‘PBS’ stands for performance based standards.

PBS Review Panel means an advisory body appointed by the Regulator to provide expert advice in the assessment of applications for PBS design approvals or PBS vehicle approvals and of their impacts.

Note—

The membership of the PBS Review Panel consists of one representative of each State and Territory, an independent Chairperson and an independent Deputy Chairperson. The Commonwealth may, if it decides to do so, nominate a representative of the Commonwealth. The procedure of the Panel is as determined by the Regulator.

PBS vehicle means a heavy vehicle that is the subject of a current PBS vehicle approval under Part 1.4.

PBS vehicle approval means a current approval issued for a heavy vehicle by the Regulator under section 23.

personal information

  • (a)

    generally, means information or an opinion, including information or an opinion forming part of a database, whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be found out, from the information or opinion; and

  • (b)

    for the purposes of Chapter 7, has the meaning given by section 403.

pig trailer means a trailer—

  • (a)

    with 1 axle group or a single axle near the middle of its load carrying surface; and

  • (b)

    connected to the towing vehicle by a drawbar.

pilot vehicle means a motor vehicle that accompanies an oversize vehicle to warn other road users of the oversize vehicle’s presence.

place of business, for the purposes of Part 9.2, has the meaning given by section 494.

pole-type trailer means a trailer that—

  • (a)

    is attached to a towing vehicle by a pole or an attachment fitted to a pole; and

  • (b)

    is ordinarily used for transporting loads, such as logs, pipes, structural members, or other long objects, that can generally support themselves like beams between supports.

Pole-type trailer

police commissioner means the head of the police force or police service (however called) of a participating jurisdiction.

premises

  • (a)

    means a building or other structure, a vessel, or another place (whether built on or not)—

    • (i)

      from which a business is carried out; or

    • (ii)

      at or from which goods are loaded onto or unloaded from vehicles; and

  • (b)

    includes a part of a building, structure, vessel or place mentioned in paragraph (a).

prescribed dimension requirement means a requirement prescribed by the national regulations under section 101.

prescribed fee means a fee prescribed by the national regulations under section 740(1).

prescribed mass requirement means a requirement prescribed by the national regulations under section 95.

previous corresponding law

  • 1

    A previous corresponding law is a law of a participating jurisdiction that, before the participation day for the jurisdiction, provided for the same, or substantially the same, matters as the provisions of this Law.

  • 2

    A previous corresponding law for a provision of this Law is a provision of a previous corresponding law within the meaning of paragraph 1 that corresponds, or substantially corresponds, to the provision of this Law.

  • 3

    For the purposes of paragraph 1, it is irrelevant whether the law of the participating jurisdiction—

    • (a)

      is in 1 instrument or 2 or more instruments; or

    • (b)

      is part of an instrument; or

    • (c)

      is part of an instrument and the whole or part of 1 or more other instruments.

prime contractor, of the driver of a heavy vehicle, means a person who engages the driver to drive the vehicle under a contract for services.

Example—

a logistics business that engages a subcontractor to transport goods.

prime mover means a heavy motor vehicle designed to tow a semitrailer.

prohibition notice has the meaning given by section 576A(3).

prohibition order has the meaning given by section 607(1).

promisee see section 590A.

protected information, for the purposes of Part 13.4, has the meaning given by section 727.

public authority means—

  • (a)

    a State or Territory or the Commonwealth, in any capacity; or

  • (b)

    a body established under a law, or the holder of an office established under a law, for a public purpose, including a local government authority.

public notice means a notice—

  • (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.

public passenger service means a public passenger service within the meaning of the Passenger Transport Act 1990 of New South Wales.

Note—

This definition is inserted for New South Wales.

public place means a place or part of a place—

  • (a)

    that the public is entitled to use, is open to members of the public or is used by the public, whether or not on payment of money; or

  • (b)

    the occupier of which allows members of the public to enter, whether or not on payment of money.

public risk means—

  • (a)

    a safety risk; or

  • (b)

    a risk of damage to road infrastructure.

public safety means the safety of persons or property, including the safety of—

  • (a)

    the drivers of, and passengers and other persons in, vehicles and combinations; and

  • (b)

    persons or property in or in the vicinity of, or likely to be in or in the vicinity of, road infrastructure and public places; and

  • (c)

    vehicles and combinations and any loads in them.

public safety ground, for a reviewable decision, has the meaning given by section 640.

quad-axle group means a group of 4 axles, in which the horizontal distance between the centre-lines of the outermost axles is more than 3.2m but not more than 4.9m.

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

  • (a)

    holds a driver licence of the appropriate class to drive the vehicle that is not suspended; and

  • (b)

    is not prevented under a law, including, for example, by the conditions of the driver licence, from driving the vehicle at the relevant time.

Queensland Minister means the responsible Minister for Queensland.

reasonably believes means believes on grounds that are reasonable in the circumstances.

reasonably practicable, in relation to a duty, means that which is, or was at a particular time, reasonably able to be done in relation to the duty, weighing up all relevant matters, including—

  • (a)

    the likelihood of a safety risk, or damage to road infrastructure, happening; and

  • (b)

    the harm that could result from the risk or damage; and

  • (c)

    what the person knows, or ought reasonably to know, about the risk or damage; and

  • (d)

    what the person knows, or ought reasonably to know, about the ways of—

    • (i)

      removing or minimising the risk; or

    • (ii)

      preventing or minimising the damage; and

  • (e)

    the availability and suitability of those ways; and

  • (f)

    the cost associated with the available ways, including whether the cost is grossly disproportionate to the likelihood of the risk or damage.

reasonably satisfied means satisfied on grounds that are reasonable in the circumstances.

reasonably suspects means suspects on grounds that are reasonable in the circumstances.

record keeper has the meaning given by section 317.

record location, of the driver of a fatigue-regulated heavy vehicle, for the purposes of Chapter 6, has the meaning given by section 290.

registered industry code of practice means an industry code of practice registered under section 706.

registered interest means an interest registered under the Personal Property Securities Act 2009 of the Commonwealth by a secured party for which the thing or sample is collateral.

registered operator, of a heavy vehicle, means the person recorded on a vehicle register as the person responsible for the vehicle, however named, kept under another Australian road law.

registration, of a heavy vehicle, means registration of the vehicle under an Australian road law.

registration authority, for a heavy vehicle, means the authority responsible for the registration of the vehicle under an Australian road law.

registration item means a document, number plate, label or other thing relating to the registration or purported registration of a heavy vehicle.

Note—

See the definition document in section 12 of Schedule 1.

registration number, for a heavy vehicle, means the identifying registration number, however described, given to the vehicle under an Australian road law.

regular loading or unloading premises

  • 1

    Regular loading or unloading premises, for heavy vehicles, means premises at or from which an average of at least 5 heavy vehicles are loaded or unloaded on each day the premises are operated for loading or unloading heavy vehicles.

  • 2

    For the purposes of paragraph 1, an average of at least 5 heavy vehicles are loaded or unloaded at or from premises on each day the premises are operated for loading or unloading heavy vehicles if—

    • (a)

      for premises operated for loading or unloading heavy vehicles for 12 months or more—during the previous 12 months, an average of at least 5 heavy vehicles were loaded or unloaded at or from the premises on each day the premises were operated for loading or unloading heavy vehicles; or

    • (b)

      for premises operated for loading or unloading heavy vehicles for less than 12 months—during the period the premises have been in operation for loading or unloading heavy vehicles, an average of at least 5 heavy vehicles were loaded or unloaded at or from the premises on each day the premises were operated for loading or unloading heavy vehicles.

  • 3

    In the application of this definition to the definition loading manager where used in Chapter 6, references in paragraphs 1 and 2 to ‘an average of at least 5 heavy vehicles’ are to be read as references to an average of at least 5 fatigue-regulated heavy vehicles.

    Note—

    Consequently, Chapter 6 applies to a person as a loading manager only if the premises concerned are premises at or from which an average of at least 5 fatigue-regulated heavy vehicles are loaded or unloaded on each day the premises are operated for loading or unloading heavy vehicles.

Regulator means the National Heavy Vehicle Regulator established under section 656.

Regulator’s website means the website of the Regulator on the internet.

relevant appeal body, for the purposes of Chapter 11, has the meaning given by section 640.

relevant contravention, for the purposes of Chapter 7, has the meaning given by section 403.

relevant emission, for a heavy vehicle, means noise emission, gaseous emission or particle emission emanating from the vehicle.

relevant garage address, of a heavy vehicle, means—

  • (a)

    the heavy vehicle’s garage address; or

  • (b)

    if the heavy vehicle is a combination—the garage address of the towing vehicle in the combination.

relevant jurisdiction, for the purposes of Chapter 11, has the meaning given by section 640.

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

relevant monitoring matters, for the purposes of Chapter 7, has the meaning given by section 403.

relevant place, for the purposes of Part 9.2, has the meaning given by section 494.

relevant police commissioner, in relation to a police officer, means the police commissioner for the police force or police service (however called) of which the police officer is a member.

relevant road manager, for a mass or dimension authority, means a road manager for a road in the area, or on the route, to which the authority applies.

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

relevant tribunal or court, for a participating jurisdiction, means a tribunal or court that is declared by a law of that jurisdiction to be the relevant tribunal or court for that jurisdiction for the purposes of this Law.

residence, for the purposes of Part 9.2, has the meaning given by section 494(1).

responsible entity, for a freight container, means—

  • (a)

    the person who, in Australia, consigned the container for road transport using a heavy vehicle; or

  • (b)

    if there is no person as described in paragraph (a)—the person who, in Australia, for a consignor, arranged for the container’s road transport using a heavy vehicle; or

  • (c)

    if there is no person as described in paragraph (a) or (b)—the person who, in Australia, physically offered the container for road transport using a heavy vehicle.

responsible Minister, for a participating jurisdiction, means the Minister of that jurisdiction nominated by it as its responsible Minister for the purposes of this Law.

responsible Ministers means a group of Ministers consisting of—

  • (a)

    the responsible Minister for each participating jurisdiction; and

  • (b)

    the Commonwealth responsible Minister.

Note—

See also section 655(3).

responsible person, for a heavy vehicle, means a person having, at a relevant time, a role or responsibility associated with road transport using the vehicle, and includes any of the following—

  • (a)

    an owner of the vehicle or, if it is a combination, an owner of a heavy vehicle forming part of the combination;

  • (b)

    the vehicle’s driver;

  • (c)

    an operator or registered operator of the vehicle or, if it is a combination, an operator or registered operator of a heavy vehicle forming part of the combination;

  • (d)

    a person in charge or apparently in charge of—

    • (i)

      the vehicle; or

    • (ii)

      the vehicle’s garage address or, if it is a combination, the garage address of a heavy vehicle forming part of the combination; or

    • (iii)

      a base of the vehicle’s driver;

  • (e)

    a person appointed under a heavy vehicle accreditation to have monitoring or other responsibilities under the accreditation, including, for example, responsibilities for certifying, monitoring or approving the use of heavy vehicles under the accreditation;

  • (f)

    a person who provides to an owner or registered operator of the vehicle or, if it is a combination, an owner or registered operator of a heavy vehicle forming part of the combination, an intelligent transport system for the vehicle;

  • (g)

    a person in charge of a place entered by an authorised officer under this Law for the purpose of exercising a power under this Law;

  • (h)

    a consignor of goods for road transport;

  • (i)

    a packer of goods in a freight container or other container or in a package or on a pallet for road transport;

  • (j)

    a person who loads goods or a container for road transport;

  • (k)

    a person who unloads goods or a container containing goods consigned for road transport;

  • (l)

    a person to whom goods are consigned for road transport;

  • (m)

    a person who receives goods packed outside Australia in a freight container or other container or on a pallet for road transport in Australia;

  • (n)

    an owner or operator of a weighbridge or weighing facility used to weigh the vehicle, or an occupier of the place where the weighbridge or weighing facility is located;

  • (o)

    a responsible entity for a freight container on the vehicle;

  • (p)

    a loading manager for goods in heavy vehicles for road transport or another person who controls or directly influences the loading of goods for road transport;

  • (q)

    a scheduler for the vehicle;

  • (r)

    an employer, employee, agent or subcontractor of a person mentioned in any of paragraphs (a) to (q).

rest, in relation to a fatigue-regulated heavy vehicle, has the meaning given by section 221.

rest time, for the purposes of Chapter 6, has the meaning given by section 221.

review and appeal information

  • (a)

    for a decision made by the Regulator or an authorised officer who is not a police officer, means the following information—

    • (i)

      that, under section 641, a dissatisfied person for the decision may ask for the decision to be reviewed by the Regulator;

    • (ii)

      that, under section 642, the person may apply for the decision to be stayed by a relevant tribunal or court unless the decision was made by the Regulator on the basis of a public safety ground;

    • (iii)

      that, in relation to the Regulator’s decision on the review, the person may—

      • (A)

        under section 647, appeal against the decision to a relevant tribunal or court; and

      • (B)

        under section 648, apply for the decision to be stayed by a relevant tribunal or court unless the reviewable decision to which the review decision relates was made by the Regulator on the basis of a public safety ground; and

  • (b)

    for a decision made by a road manager (for a road) that is a public authority, means the following information—

    • (i)

      that, under section 641, a dissatisfied person for the decision may apply to the Regulator to have the decision reviewed;

    • (ii)

      that, under section 643, the Regulator must refer the application to the road manager for review;

    • (iii)

      that the decision of the road manager on the review is not subject to further review or appeal under this Law; and

  • (c)

    for a decision made by an authorised officer who is a police officer, or a road manager (for a road) that is not a public authority, means that the decision is not subject to review or appeal under this Law.

review application, for the purposes of Chapter 11, has the meaning given by section 640.

review decision, for the purposes of Chapter 11, has the meaning given by section 640.

reviewable decision has the meaning given by section 640.

reviewer, for the purposes of Chapter 11, has the meaning given by section 640.

rigid, other than in the definition articulated bus, means not articulated.

risk category

  • (a)

    for a contravention of a mass, dimension or loading requirement, means 1 of the following categories—

    • (i)

      minor risk breach;

    • (ii)

      substantial risk breach;

    • (iii)

      severe risk breach; or

  • (b)

    for a contravention of a maximum work requirement or minimum rest requirement, means 1 of the following categories—

    • (i)

      minor risk breach;

    • (ii)

      substantial risk breach;

    • (iii)

      severe risk breach;

    • (iv)

      critical risk breach.

road has the meaning given by section 8.

Note—

See also section 13.

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

road condition has the meaning given by section 154.

road infrastructure includes—

  • (a)

    a road, including its surface or pavement; and

  • (b)

    anything under or supporting a road or its surface or pavement; and

  • (c)

    any bridge, tunnel, causeway, road-ferry, ford or other work or structure forming part of a road system or supporting a road; and

  • (d)

    any bridge or other work or structure located above, in or on a road; and

  • (e)

    any traffic control devices, railway equipment, electricity equipment, emergency telephone systems or any other facilities (whether of the same or a different kind) in, on, over, under or connected with anything mentioned in paragraphs (a) to (d).

road manager, for a road in a participating jurisdiction, means an entity that is declared by a law of that jurisdiction to be the road manager for the road for the purposes of this Law.

road-related area has the meaning given by section 8.

Road Rules, for a participating jurisdiction, means the law that is declared by a law of that jurisdiction to be the Road Rules for the purposes of this Law.

road train means—

  • (a)

    a B-triple; or

  • (b)

    a combination, other than a B-double, consisting of a motor vehicle towing at least 2 trailers, excluding any converter dolly supporting a semitrailer.

Typical triple road train

road transport means transport by road.

Road Vehicle Standards Act 2018 means the Road Vehicle Standards Act 2018 of the Commonwealth.

route assessment, for the purposes of Part 4.7, has the meaning given by section 154.

safer freight vehicle has the meaning given by section 153A(2).

safety duty means a duty imposed under any of the following provisions—

  • (a)

    section 26C;

  • (b)

    section 26E(1) or (2);

  • (c)

    section 89(1);

  • (d)

    section 93(1), (2) or (3);

  • (e)

    section 129(1), (2) or (3);

  • (f)

    section 137;

  • (g)

    section 150(1);

  • (h)

    section 153A(1);

  • (i)

    section 186(2), (3), (4) or (5);

  • (j)

    section 187(2) or (3);

  • (k)

    section 335(1);

  • (l)

    section 336(1);

  • (m)

    section 337(2);

  • (n)

    section 454(1) or (2);

  • (o)

    section 467;

  • (p)

    section 470(2), (3) or (4);

  • (q)

    section 604;

  • (r)

    section 610.

safety risk means a risk—

  • (a)

    to public safety; or

  • (b)

    of harm to the environment.

schedule, for the driver of a heavy vehicle, means—

  • (a)

    the schedule for the transport of any goods or passengers by the vehicle; or

  • (b)

    the schedule of the driver’s work times and rest times.

scheduler, for a heavy vehicle, means a person who—

  • (a)

    schedules the transport of any goods or passengers by the vehicle; or

  • (b)

    schedules the work times and rest times of the vehicle’s driver.

second edition ADR means an ADR incorporated in the document described as the ‘Australian Design Rules for Motor Vehicle Safety, Second Edition’ originally published by the former Commonwealth Department of Transport.

self-clearing defect notice means a notice complying with the requirements for a self-clearing defect notice under section 527.

self-employed driver, of a heavy vehicle, means a driver of the vehicle who is not an employed driver of the vehicle.

semitrailer means a trailer that has—

  • (a)

    1 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.

severe risk breach

  • (a)

    for a mass requirement—has the meaning given by section 100; or

  • (b)

    for a dimension requirement—has the meaning given by section 107; or

  • (c)

    for a loading requirement—has the meaning given by section 114; or

  • (d)

    for a maximum work requirement or minimum rest requirement—has the meaning given by section 222(3).

severe risk breach lower limit

  • (a)

    for the purposes of Division 2 of Part 4.2, has the meaning given by section 97; or

  • (b)

    for the purposes of Division 2 of Part 4.3, has the meaning given by section 104.

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

single axle means—

  • (a)

    1 axle; or

  • (b)

    2 axles with centres between transverse, parallel, vertical planes spaced less than 1.0m apart.

solo driver, for the purposes of Chapter 6, has the meaning given by section 221.

speed limit means—

  • (a)

    a speed limit applying under this Law, the Road Rules or another law; and

  • (b)

    when used in the context of a speed limit applying to the driver of a heavy vehicle—a speed limit applying to the driver or the vehicle (or both) under this Law, the Road Rules or another law (whether it applies specifically to the particular driver or the particular vehicle or it applies to all drivers or vehicles or to a class of drivers or vehicles to which the driver or vehicle belongs).

Note—

A reference to a speed limit applying under this Law, the Road Rules or another law covers both—

  • a speed limit specified in this Law, the Road Rules or other law

  • a speed limit specified in an instrument, or in some other manner, under this Law, the Road Rules or other law (for example, a speed limit specified in a permit or a Commonwealth Gazette notice)

standard hours, for the purposes of Chapter 6, has the meaning given by section 249.

Standards Australia means Standards Australia Limited CAN 087 326 690, and includes a reference to the Standards Association of Australia as constituted before 1 July 1999.

stationary rest time has the meaning given by section 221.

substantial risk breach

  • (a)

    for a mass requirement—has the meaning given by section 99; or

  • (b)

    for a dimension requirement—has the meaning given by section 106; or

  • (c)

    for a loading requirement—has the meaning given by section 113; or

  • (d)

    for a maximum work requirement or minimum rest requirement—has the meaning given by section 222(2).

substantial risk breach lower limit

  • (a)

    for the purposes of Division 2 of Part 4.2, has the meaning given by section 97; or

  • (b)

    for the purposes of Division 2 of Part 4.3, has the meaning given by section 104.

suitable rest place, for fatigue-regulated heavy vehicles, means—

  • (a)

    a rest area designated for use, and able to be used, by fatigue-regulated heavy vehicles; or

  • (b)

    a place at which a fatigue-regulated heavy vehicle may be safely and lawfully parked.

supervisory intervention order has the meaning given by section 600(1).

supplementary record, for the purposes of Chapter 6, has the meaning given by section 221.

tamper

  • (a)

    with an emission control system, for the purposes of section 91, has the meaning given by that section; or

  • (b)

    with a plate or label, for the purposes of section 87A, has the meaning given by that section; or

  • (c)

    with a speed limiter, for the purposes of section 93, has the meaning given by that section; or

  • (d)

    with an approved electronic recording system, for the purposes of Chapter 6, has the meaning given by section 334; or

  • (e)

    with an approved intelligent transport system, for the purposes of Chapter 7, has the meaning given by section 403.

tandem axle group means a group of at least 2 axles, in which the horizontal distance between the centre-lines of the outermost axles is at least 1m but not more than 2m.

TCA means Transport Certification Australia Limited ACN 113 379 936.

Territory means the Australian Capital Territory or the Northern Territory.

TfNSW means Transport for NSW constituted under the Transport Administration Act 1988.

Note—

This definition is inserted for New South Wales pending the commencement of the national scheme for the registration of heavy vehicles under this Law.

the State means the Crown in right of this jurisdiction, and includes—

  • (a)

    the Government of this jurisdiction; and

  • (b)

    a Minister of the Crown in right of this jurisdiction; and

  • (c)

    a statutory corporation, or other entity, representing the Crown in right of this jurisdiction.

third edition ADR means—

  • (a)

    a national standard under section 7 of the Motor Vehicle Standards Act 1989; or

  • (b)

    a national road vehicle standard under section 12 of the Road Vehicle Standards Act 2018.

third party insurance legislation means—

  • (a)

    legislation about compensation for third parties who are injured or killed by the use of motor vehicles or trailers; or

  • (b)

    legislation about payment of contributions towards compensation of that kind; or

  • (c)

    legislation requiring public liability insurance.

this jurisdiction—see the law of each participating jurisdiction for the meaning of this term.

this Law means—

  • (a)

    this Law as it applies as a law of a participating jurisdiction; or

  • (b)

    a law of a participating jurisdiction that—

    • (i)

      substantially corresponds to the provisions of this Law; or

    • (ii)

      is prescribed by the national regulations for the purposes of paragraph (a)(iii) of the definition participating jurisdiction.

Note—

See also section 11.

tow truck means—

  • (a)

    a heavy motor vehicle that is—

    • (i)

      equipped with a crane, winch, ramp or other lifting device; and

    • (ii)

      used or intended to be used for the towing of motor vehicles; or

  • (b)

    a heavy motor vehicle to which is attached, temporarily or otherwise, a trailer or device that is—

    • (i)

      equipped with a crane, winch, ramp or other lifting device; and

    • (ii)

      used or intended to be used for the towing of motor vehicles.

tractor means a motor vehicle used for towing purposes, other than—

  • (a)

    a motor vehicle designed to carry goods or passengers; or

  • (b)

    a tow truck.

traffic includes vehicular traffic, pedestrian traffic and all other forms of road traffic.

trailer means a vehicle that is built to be towed, or is towed, by a motor vehicle, but does not include a motor vehicle being towed.

transport activities means activities, including business practices and making decisions, associated with the use of a heavy vehicle on a road, including, for example—

  • (a)

    contracting, directing or employing a person—

    • (i)

      to drive the vehicle; or

    • (ii)

      to carry out another activity associated with the use of the vehicle (such as maintaining or repairing the vehicle); or

  • (b)

    consigning goods for transport using the vehicle; or

  • (c)

    scheduling the transport of goods or passengers using the vehicle; or

  • (d)

    packing goods for transport using the vehicle; or

  • (e)

    managing the loading of goods onto or unloading of goods from the vehicle; or

  • (f)

    loading goods onto or unloading goods from the vehicle; or

  • (g)

    receiving goods unloaded from the vehicle.

transport documentation means each of the following—

  • (a)

    each contractual document directly or indirectly associated with—

    • (i)

      a transaction for the actual or proposed road transport of goods or passengers or any previous transport of the goods or passengers by any transport method; or

    • (ii)

      goods or passengers, to the extent the document is relevant to the transaction for their actual or proposed road transport;

  • (b)

    each document—

    • (i)

      contemplated in a contractual document mentioned in paragraph (a); or

    • (ii)

      required by law, or customarily given, in connection with a contractual document or transaction mentioned in paragraph (a).

Examples—
  • bill of lading

  • consignment note

  • container weight declaration

  • contract of carriage

  • delivery order

  • export receival advice

  • invoice

  • load manifest

  • sea carriage document

  • vendor declaration

Note—

See the definition document in section 12 of Schedule 1.

travel condition has the meaning given by section 154.

tri-axle group means a group of at least 3 axles, in which the horizontal distance between the centre-lines of the outermost axles is more than 2m but not more than 3.2m.

truck means a rigid motor vehicle built mainly as a load carrying vehicle.

twinsteer axle group means a group of 2 axles—

  • (a)

    with single tyres; and

  • (b)

    fitted to a motor vehicle; and

  • (c)

    connected to the same steering mechanism; and

  • (d)

    the horizontal distance between the centre-lines of which is at least 1m but not more than 2m.

two-up driving arrangement, for the purposes of Chapter 6, has the meaning given by section 221.

unattended, for a heavy vehicle, for the purposes of Division 3 of Part 9.3, has the meaning given by section 515.

under, for a law or a provision of a law, includes—

  • (a)

    by; and

  • (b)

    for the purposes of; and

  • (c)

    in accordance with; and

  • (d)

    within the meaning of.

unincorporated body includes an unincorporated local government authority, but does not include an unincorporated partnership.

unincorporated local government authority means a local government authority that is not a body corporate.

unload and unloader

A person unloads goods in a heavy vehicle, and is an unloader of goods in a heavy vehicle, if the person is a person who—

  • (a)

    unloads from the vehicle, or any container that is in or part of the vehicle, goods that have been transported by road; or

  • (b)

    unloads from the vehicle a freight container, whether or not it contains goods, that has been transported by road.

unregistered heavy vehicle means a heavy vehicle that is not registered.

unregistered heavy vehicle permit means a permit granted or issued under an Australian road law authorising the use of an unregistered heavy vehicle on a road.

use, a heavy vehicle on a road, includes standing the vehicle on the road.

vehicle condition has the meaning given by section 154.

vehicle defect notice means a major defect notice, minor defect notice or self-clearing defect notice.

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

vehicle standards exemption means—

  • (a)

    vehicle standards exemption (notice); or

  • (b)

    vehicle standards exemption (permit).

vehicle standards exemption (notice) has the meaning given by section 61(2).

vehicle standards exemption (permit) has the meaning given by section 68(2).

VIN (vehicle identification number), for a heavy vehicle, means—

  • (a)

    for a heavy vehicle built before 1 January 1989 that has an identification plate, the number quoted on the vehicle’s identification plate that—

    • (i)

      uniquely identifies the vehicle and sets it apart from similar vehicles; and

    • (ii)

      corresponds to the identification number of the vehicle that is permanently recorded elsewhere on the vehicle; or

  • (b)

    for a heavy vehicle built on or after 1 January 1989 that was given an approval under the Motor Vehicle Standards Act 1989 or is given an approval under the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 of the Commonwealth, the unique vehicle identification number assigned to the vehicle—

    • (i)

      at the time the vehicle was manufactured, in accordance with a third edition ADR; or

    • (ii)

      by the department of government of the Commonwealth in which the Motor Vehicle Standards Act 1989 was previously administered; or

  • (c)

    otherwise, the unique number assigned to the heavy vehicle—

    • (i)

      at the time the vehicle was manufactured, in accordance with an ADR that is a national road vehicle standard under section 12 of the Road Vehicle Standards Act 2018; or

    • (ii)

      by the department of government of the Commonwealth in which the Road Vehicle Standards Act 2018 is administered.

work, in relation to a fatigue-regulated heavy vehicle, has the meaning given by section 221.

work and rest change, for the purposes of Chapter 6, has the meaning given by section 221.

work and rest hours exemption means—

  • (a)

    a work and rest hours exemption (notice); or

  • (b)

    a work and rest hours exemption (permit).

work and rest hours exemption (notice) has the meaning given by section 266(2).

work and rest hours exemption (permit) has the meaning given by section 273(2).

work and rest hours option, for the purposes of Chapter 6, has the meaning given by section 243.

work diary, for the purposes of Chapter 6, has the meaning given by section 221.

work diary exemption means—

  • (a)

    a work diary exemption (notice); or

  • (b)

    a work diary exemption (permit).

work diary exemption (notice) has the meaning given by section 357(2).

work diary exemption (permit) has the meaning given by section 363(2).

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

work time, for the purposes of Chapter 6, has the meaning given by section 221.

written work diary, for the purposes of Chapter 6, has the meaning given by section 221.

s 5: Am 2015 No 12, sec 4; 2016 No 65, secs 7, 117, 139; 2017 No 63, Sch 4.21 [1]; 2018 No 10, sec 14; 2018 (354), Sch 1 [1] [2]; 2018 No 18, sec 6; 2019 No 29, secs 4, 7; 2020 No 30, Sch 4.27[5]; 2024 No 2, sec 8B.

6Meaning of heavy vehicle(1)

For the purposes of this Law, a vehicle is a heavy vehicle if it has a GVM or ATM of more than 4.5t.

(2)

Also, for the purposes of this Law, a combination that includes a vehicle with a GVM or ATM of more than 4.5t is a heavy vehicle.

(3)

However, rolling stock is not a heavy vehicle for the purposes of this Law.

(4)

In this section—

rolling stock

  • 1

    Rolling stock is a vehicle designed to operate or move on a railway track and includes a locomotive, carriage, rail car, rail motor, light rail vehicle, tram, light inspection vehicle, self-propelled infrastructure maintenance vehicle, trolley, wagon or monorail vehicle.

  • 2

    A vehicle designed to operate both on and off a railway track is rolling stock when the vehicle is being—

    • (a)

      operated or moved on a railway track; or

    • (b)

      maintained, repaired or modified in relation to the operation or movement of the vehicle on a railway track.

s 6: Am 2018 No 10, sec 15; 2018 (354), Sch 1 [1].

7Meaning of fatigue-regulated heavy vehicle(1)

For the purposes of this Law, a heavy vehicle is a fatigue-regulated heavy vehicle if it is any of the following—

  • (a)

    a motor vehicle with a GVM of more than 12t;

  • (b)

    a combination with a GVM of more than 12t;

  • (c)

    a fatigue-regulated bus.

(2)

However, subject to subsection (3), a heavy vehicle is not a fatigue-regulated heavy vehicle for the purposes of this Law if it is any of the following—

  • (a)

    a motor vehicle that—

    • (i)

      is built, or has been modified, to operate primarily as a machine or implement off-road, on a road-related area, or on an area of road that is under construction; and

    • (ii)

      is not capable of carrying goods or passengers by road;

    Examples for the purposes of paragraph (a)—

    agricultural machine, backhoe, bulldozer, excavator, forklift, front-end loader, grader, motor vehicle registered under an Australian road law as a special purpose vehicle (type p)

  • (b)

    a motorhome.

(3)

For the purposes of this Law, a truck, or a combination including a truck, that has a machine or implement attached to it is a fatigue-regulated heavy vehicle

  • (a)

    if the GVM of the truck or combination with the attached machine or implement is more than 12t; and

  • (b)

    whether or not the truck or combination has been built or modified primarily to operate as a machine or implement off-road, on a road-related area, or on an area of road that is under construction.

Example for the purposes of subsection (3)—

a truck to which a crane or drilling rig is attached

(4)

For the purposes of subsection (2)(b), a motorhome

  • (a)

    is a rigid or articulated motor vehicle or combination that is built, or has been modified, primarily for residential purposes; and

  • (b)

    does not include a motor vehicle that is merely a motor vehicle constructed with a sleeper berth.

(5)

For the purposes of this section, the GVM of a combination is the total of the GVMs of the vehicles in the combination.

8Meaning of road and road-related area(1)

For the purposes of this Law, a road is an area that is open to or used by the public and is developed for, or has as 1 of its uses, the driving or riding of motor vehicles.

Examples of areas that are roads—

bridges, cattle grids, culverts, ferries, fords, railway crossings, tunnels or viaducts

(2)

For the purposes of this Law, a road-related area is—

  • (a)

    an area that divides a road; or

  • (b)

    a footpath, shared path or nature strip adjacent to a road; or

  • (c)

    a shoulder of a road; or

  • (d)

    a bicycle path or another area that is not a road and that is open to the public and designated for use by cyclists or animals; or

  • (e)

    an area that is not a road and that is open to, or used by, the public for driving, riding or parking motor vehicles.

(3)

Also, an area is a road or road-related area for the purposes of this Law or a particular provision of this Law as applied in a participating jurisdiction, if the area is declared by a law of that jurisdiction to be a road or road-related area for the purposes of this Law or the particular provision.

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 2Decisions 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 person

Note—

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

Part 3Decisions 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

sch 3: Am 2018 No 18, sec 37.

Schedule 4Liability 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 of this 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),

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)

sch 4: Am 2015 No 12, sec 66. Subst 2016 No 65, sec 113. Am 2018 No 10, sec 43; 2018 No 18, sec 38 and Sch 1; 2019 No 29, sec 35.

Historical notesTable of amending instruments

Heavy Vehicle National Law (NSW) (2013-42a) (applied and modified as a law of New South Wales by the Heavy Vehicle (Adoption of National Law) Act 2013 No 42). Date of commencement, except sec 84, 10.2.2014, sec 2 and 2014 (24) LW 7.2.2014; date of commencement of sec 84, 1.7.2018, sec 2 and sec 2 (2) of the Heavy Vehicle (Adoption of National Law) Act 2012 No 21 of Queensland (amended by the Local Government and Other Legislation Amendment Act 2015 No 6 of Queensland). This Law has been amended as follows—

2014

No 43

Transport and Other Legislation Amendment Act 2014 of Queensland. Assented to 5.9.2014.

Date of commencement of Part 3, 29.9.2014, sec 2 (a) and 2014 (217) of Queensland.

2015

No 12

Heavy Vehicle National Law Amendment Act 2015 of Queensland. Assented to 24.9.2015.

Date of commencement, 6.2.2016, sec 2 and 2015 (186) of Queensland.

2016

No 27

Statute Law (Miscellaneous Provisions) Act 2016. Assented to 7.6.2016.

Date of commencement of Sch 2, 8.7.2016, sec 2 (1).

No 65

Heavy Vehicle National Law and Other Legislation Amendment Act 2016 of Queensland. Assented to 9.12.2016.

Date of commencement of Chapter 2, 1.10.2018, sec 2 and 2018 (142) of Queensland; date of commencement of Chapter 3, 1.7.2017, sec 2 and 2017 (102) of Queensland. The amendments made by secs 11 and 12 were without effect as the provisions being amended were repealed by the Heavy Vehicle National Law and Other Legislation Amendment Act 2018 No 10 of Queensland. Secs 118 and 119 were without effect as those provisions have been omitted for NSW.

2017

No 63

Statute Law (Miscellaneous Provisions) Act (No 2) 2017. Assented to 23.11.2017.

Date of commencement of Sch 4.21, 14.1.2018, sec 2 (3).

2018

No 23

Road Transport Legislation Miscellaneous Amendments Act 2018. Assented to 30.5.2018.

Date of commencement of Sch 1.1 [5], 14.12.2018, sec 2 (2) and 2018 (712) LW 7.12.2018.

No 10

Heavy Vehicle National Law and Other Legislation Amendment Act 2018 of Queensland. Assented to 18.6.2018.

Date of commencement of secs 13–15, 17, 18, 24–31, 35–41, 1.7.2018, sec 2 (2); date of commencement of secs 16, 32–34 and 43, 1.10.2018, sec 2 (1) and 2018 (142) of Queensland; date of commencement of secs 19–23 and 42, 1.10.2018, sec 2 (3) and 2018 (143) of Queensland.

(354)

Heavy Vehicle (Adoption of National Law) Amendment Regulation 2018. LW 29.6.2018.

Date of commencement of Sch 1 [1], 1.7.2018, cl 2 (1); date of commencement of Sch 1 [2] [4] and [5], 1.10.2018, cl 2 (2) and 2018 (142) of Queensland.

No 18

Heavy Vehicle National Law Amendment Act 2018 of Queensland. Assented to 11.9.2018.

Date of commencement of Part 3 and Sch 1, 1.10.2018, sec 2 and 2018 (143) of Queensland. Sec 19 was without effect as the provision being amended has been omitted for NSW.

No 59

Emergency Services Legislation Amendment Act 2018. Assented to 26.10.2018.

Date of commencement of Sch 5, assent, sec 2 (1). The amendments made by Sch 5.1 and 5.3 [1] to sec 203A were without effect as sec 203A was repealed by the Heavy Vehicle (Adoption of National Law) Amendment Regulation 2018 (354).

2019

No 29

Heavy Vehicle National Law and Other Legislation Amendment Act 2019 of Queensland. Assented to 26.9.2019.

Date of commencement of secs 4–6, 1.7.2021, sec 2(1) and 2018 No 163 of the Commonwealth, sec 15; date of commencement of secs 7–9, 12–35, 28.2.2019, sec 2(2) and 2020 (18) of Queensland; date of commencement of secs 10 and 11: not in force.

2020

No 30

Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020.

Date of commencement of amendments made by Sch 4, 22.1.2021, sec 2(4).

2021

No 9

Heavy Vehicle Legislation Amendment (National Regulator) Act 2021. Assented to 14.5.2021.

Date of commencement of Sch 1[8]–[13], 1.8.2022, sec 2(2) and 2022 (325) LW 1.7.2022.

2024

No 2

Transport and Other Legislation Amendment Act 2024 of Queensland. Assented to 19.2.2024.

Date of commencement of Part 3A, assent.

2025

No 2

Statute Law (Miscellaneous Provisions) Act 2025. Assented to 15.8.2025.

Date of commencement of Sch 2.6, assent, sec 2(e).

Table of amendments

Sec 4

Am 2018 No 10, sec 13; 2018 (354), Sch 1 [1].

Sec 5

Am 2015 No 12, sec 4; 2016 No 65, secs 7, 117, 139; 2017 No 63, Sch 4.21 [1]; 2018 No 10, sec 14; 2018 (354), Sch 1 [1] [2]; 2018 No 18, sec 6; 2019 No 29, secs 4, 7; 2020 No 30, Sch 4.27[5]; 2024 No 2, sec 8B.

Sec 6

Am 2018 No 10, sec 15; 2018 (354), Sch 1 [1].

Sec 14

Rep 2016 No 65, sec 8. Ins 2019 No 29, sec 5.

Sec 18

Am 2016 No 65, sec 9.

Sec 23

Am 2018 No 18, sec 7.

Sec 25A

Ins 2018 No 18, sec 8.

Chapter 1A

Ins 2016 No 65, sec 10.

Part 1A.1 (secs 26A, 26B)

Ins 2016 No 65, sec 10.

Part 1A.2

Ins 2016 No 65, sec 10.

Sec 26C

Ins 2016 No 65, sec 10.

Sec 26D

Ins 2016 No 65, sec 10. Am 2018 No 10, sec 16; 2018 No 18, sec 9.

Sec 26E

Ins 2016 No 65, sec 10.

Part 1A.3 (secs 26F–26H)

Ins 2016 No 65, sec 10.

Sec 26I

Ins 2018 (354), Sch 1 [2]. Am 2025 No 48, Sch 2.6[1].

Sec 26J

Ins 2018 (354), Sch 1 [2].

Chapter 2 (secs 27–57)

Am 2018 (354), Sch 1 [1]. Rep 2018 No 10, sec 17.

Sec 60

Am 2018 No 10, sec 18; 2018 (354), Sch 1 [1].

Sec 66

Am 2016 No 65, sec 120.

Sec 67

Am 2016 No 65, sec 121.

Sec 73

Am 2019 No 29, sec 8.

Sec 81

Am 2015 No 12, sec 67 and Sch.

Sec 82

Am 2016 No 65, sec 13.

Sec 83

Am 2016 No 65, sec 14.

Sec 84

Subst 2015 No 12, sec 5. Am 2019 No 29, sec 6.

Sec 85

Am 2015 No 12, sec 6; 2019 No 29, sec 9.

Sec 87A

Ins 2015 No 12, sec 7.

Sec 91

Am 2016 No 65, sec 15.

Sec 93

Am 2016 No 65, sec 16.

Sec 94

Am 2015 No 12, sec 8.

Sec 95

Am 2018 No 18, sec 10.

Sec 96

Am 2016 No 65, sec 17; 2018 No 18, sec 11.

Sec 102

Am 2016 No 65, sec 18.

Sec 105

Am 2018 No 10, sec 19.

Sec 111

Am 2016 No 65, sec 19.

Sec 115

Subst 2018 No 18, sec 12.

Sec 116

Am 2018 No 10, sec 20.

Sec 119

Am 2015 No 12, sec 9; 2016 No 65, sec 139.

Sec 119A

Ins 2015 No 12, sec 10.

Sec 125

Am 2016 No 65, sec 139.

Sec 127

Am 2019 No 29, sec 12.

Sec 130

Am 2016 No 65, sec 20.

Sec 132

Am 2016 No 65, sec 21.

Sec 133

Am 2016 No 65, sec 22.

Sec 136

Am 2018 No 18, sec 13.

Sec 140

Subst 2015 No 12, sec 11.

Sec 142

Am 2015 No 12, sec 12.

Sec 142A

Ins 2015 No 12, sec 13.

Sec 146

Am 2016 No 65, sec 139.

Sec 148

Am 2019 No 29, sec 13.

Sec 151

Am 2016 No 65, sec 23.

Sec 152

Am 2016 No 65, sec 24.

Sec 153

Am 2016 No 65, sec 25. Rep 2018 No 18, sec 14.

Part 4.6A

Ins 2015 No 12, sec 14.

Sec 153A

Ins 2015 No 12, sec 14. Am 2018 No 18, sec 15; 2019 No 29, sec 14; 2024 No 2, sec 8C.

Sec 154

Am 2016 No 65, sec 139.

Sec 156

Subst 2018 No 18, sec 16.

Sec 156A

Ins 2018 No 18, sec 16.

Secs 164, 165

Rep 2019 No 29, sec 15.

Sec 172

Am 2018 No 18, sec 17; 2019 No 29, sec 16.

Sec 173

Am 2016 No 65, sec 122.

Sec 174

Am 2016 No 65, sec 123.

Sec 175

Am 2016 No 65, sec 124.

Sec 175A

Ins 2016 No 65, sec 125.

Sec 176

Am 2016 No 65, sec 126.

Sec 180

Am 2016 No 65, sec 127.

Part 4.8 (sec 183)

Rep 2016 No 65, sec 26.

Sec 186

Am 2016 No 65, sec 27.

Sec 187

Am 2016 No 65, sec 28.

Sec 189

Am 2015 No 12, sec 15.

Sec 190

Am 2015 No 12, sec 16; 2016 No 65, sec 29.

Sec 191

Am 2015 No 12, sec 17; 2016 No 65, sec 30.

Sec 192

Am 2015 No 12, sec 18; 2016 No 65, sec 31.

Sec 192A

Ins 2015 No 12, sec 19. Am 2018 No 10, sec 21.

Sec 193

Am 2016 No 65, sec 32.

Sec 194

Rep 2016 No 65, sec 33.

Sec 199

Am 2016 No 65, sec 34.

Chapter 5

Rep 2016 No 65, sec 35.

Part 5.1

Rep 2016 No 65, sec 35.

Secs 202, 203

Rep 2016 No 65, sec 35.

Secs 203A, 203B

Rep 2018 (354), Sch 1 [4].

Part 5.2, Div 1 (secs 204–206)

Rep 2016 No 65, sec 35.

Part 5.2, Div 2

Rep 2016 No 65, sec 35.

Sec 207

Rep 2016 No 65, sec 35.

Sec 208

Am 2015 No 12, sec 67 and Sch. Rep 2016 No 65, sec 35.

Part 5.2, Div 3 (sec 209)

Rep 2016 No 65, sec 35.

Part 5.2, Div 4

Rep 2016 No 65, sec 35.

Secs 210–212

Rep 2016 No 65, sec 35.

Sec 213

Am 2015 No 12, sec 67 and Sch. Rep 2016 No 65, sec 35.

Part 5.2, Divs 4–6 (214–218)

Rep 2016 No 65, sec 35.

Part 5.3 (sec 219)

Rep 2016 No 65, sec 35.

Sec 221

Am 2015 No 12, sec 20; 2016 No 65, secs 36, 139.

Sec 222A

Am 2021 No 9, Sch 1[9] [10]

Sec 222B

Am 2018 (354), Sch 1 [5]; 2021 No 9, Sch 1[11].

Sec 227

Rep 2016 No 65, sec 37.

Part 6.2, Div 2, heading

Am 2016 No 65, sec 38.

Sec 229

Rep 2016 No 65, sec 39.

Part 6.2, Div 3 (secs 230–232)

Rep 2016 No 65, sec 40.

Part 6.2, Div 4

Rep 2016 No 65, sec 40.

Sec 233

Am 2015 No 12, sec 67 and Sch. Rep 2016 No 65, sec 40.

Sec 234

Rep 2016 No 65, sec 40.

Part 6.2, Divs 5–8 (secs 235–242)

Rep 2016 No 65, sec 40.

Sec 246

Am 2015 No 12, sec 21; 2016 No 27, Sch 2.20; 2021 No 9, Sch 1[12].

Sec 246A

Ins 2015 No 12, sec 22.

Sec 249

Am 2015 No 12, sec 23.

Sec 250

Am 2016 No 65, sec 41.

Sec 251

Am 2016 No 65, sec 42.

Sec 253

Am 2015 No 12, sec 24.

Sec 254

Am 2016 No 65, sec 43.

Sec 256

Am 2016 No 65, sec 44.

Sec 258

Am 2016 No 65, sec 45.

Sec 260

Am 2016 No 65, sec 46.

Part 6.3, Div 6 (sec 261)

Rep 2016 No 65, sec 47.

Sec 263

Am 2016 No 65, sec 48.

Sec 264

Am 2016 No 65, sec 49.

Sec 265

Am 2018 No 59, Sch 5.1, 5.3 [2]; 2025 No 48, Sch 2.6[2].

Sec 271

Am 2016 No 65, sec 128.

Sec 272

Am 2016 No 65, sec 129.

Sec 287

Am 2016 No 65, sec 50.

Sec 288

Am 2016 No 65, sec 51.

Sec 292

Am 2015 No 12, sec 25.

Sec 297

Am 2015 No 12, sec 67 and Sch.

Sec 302

Am 2015 No 12, sec 26.

Sec 305

Am 2015 No 12, sec 27.

Sec 307

Am 2015 No 12, sec 28.

Sec 309

Am 2015 No 12, sec 67 and Sch.

Sec 310

Am 2016 No 65, sec 139.

Sec 311

Am 2015 No 12, sec 29; 2016 No 65, sec 52.

Sec 312

Am 2015 No 12, sec 30; 2016 No 65, sec 53.

Sec 313

Am 2015 No 12, sec 31; 2016 No 65, secs 54, 139.

Sec 315

Subst 2016 No 65, sec 55.

Sec 319

Am 2015 No 12, sec 32; 2016 No 65, sec 56; 2018 No 10, sec 22; 2019 No 29, sec 17.

Sec 319A

Ins 2018 No 10, sec 23.

Sec 321

Am 2015 No 12, sec 33; 2016 No 65, sec 57.

Sec 322

Am 2015 No 12, sec 34; 2016 No 65, sec 58.

Sec 323

Am 2015 No 12, sec 35; 2016 No 65, sec 59.

Sec 324

Am 2015 No 12, sec 36; 2016 No 65, sec 60.

Sec 324A

Ins 2015 No 12, sec 37.

Sec 325

Am 2016 No 65, sec 61.

Sec 326

Am 2015 No 12, sec 38.

Sec 335

Am 2016 No 65, sec 62.

Sec 336

Am 2016 No 65, sec 63.

Sec 336A

Ins 2015 No 12, sec 39. Am 2016 No 65, sec 64.

Sec 337

Am 2016 No 65, secs 65, 139.

Sec 341

Am 2015 No 12, sec 40; 2016 No 65, sec 66.

Sec 343

Am 2015 No 12, sec 41.

Sec 344

Am 2015 No 12, sec 42.

Part 6.4, Div 7, Subdiv 2

Subst 2015 No 12, sec 43.

Sec 347

Subst 2015 No 12, sec 43.

Secs 348–350

Rep 2015 No 12, sec 43.

Sec 355

Am 2015 No 12, sec 44.

Sec 362

Am 2016 No 65, sec 130.

Sec 376

Am 2016 No 65, sec 67.

Sec 382

Am 2016 No 65, sec 131.

Sec 396

Am 2016 No 65, sec 68.

Sec 398

Am 2016 No 65, sec 69.

Sec 399

Am 2016 No 65, sec 70.

Secs 400, 402, 403

Am 2016 No 65, sec 139.

Part 7.2, heading

Am 2016 No 65, sec 139.

Sec 404

Am 2016 No 65, secs 71, 139.

Sec 405

Am 2016 No 65, secs 72, 139.

Sec 406

Am 2016 No 65, sec 139.

Sec 407

Am 2016 No 65, secs 73, 139.

Part 7.3, heading

Am 2016 No 65, sec 139.

Sec 408

Am 2016 No 65, sec 139.

Part 7.4, heading

Am 2016 No 65, sec 139.

Sec 409

Am 2016 No 65, sec 139.

Sec 410

Am 2016 No 65, secs 74, 139.

Sec 411

Am 2016 No 65, sec 139.

Sec 412

Am 2015 No 12, sec 67 and Sch; 2016 No 65, secs 75, 139; 2018 No 18, Sch 1.

Secs 413–415

Am 2016 No 65, sec 139.

Sec 416

Am 2015 No 12, sec 67 and Sch; 2016 No 65, sec 139.

Secs 417–420

Am 2016 No 65, sec 139.

Sec 421

Am 2016 No 65, secs 76, 139; 2018 No 18, Sch 1.

Secs 422–426

Am 2016 No 65, sec 139.

Sec 427

Am 2016 No 65, secs 77, 139.

Sec 428

Am 2015 No 12, sec 67 and Sch; 2016 No 65, secs 78, 139.

Sec 432

Am 2015 No 12, sec 67 and Sch; 2016 No 65, sec 139.

Secs 433–435

Am 2016 No 65, sec 139.

Sec 437

Am 2016 No 65, secs 79, 139; 2018 No 18, Sch 1.

Part 7.6, heading

Am 2016 No 65, sec 139.

Sec 440

Am 2016 No 65, sec 139.

Sec 441

Am 2016 No 65, secs 80, 139.

Sec 442

Am 2015 No 12, sec 67 and Sch; 2016 No 65, secs 81, 139; 2018 No 18, Sch 1.

Secs 443–445

Am 2016 No 65, sec 139.

Sec 446

Am 2015 No 12, sec 67 and Sch; 2016 No 65, sec 139.

Secs 447–449

Am 2016 No 65, sec 139.

Sec 450

Am 2016 No 65, secs 82, 139; 2018 No 18, Sch 1.

Secs 451–455

Am 2016 No 65, sec 139.

Sec 457

Am 2016 No 65, sec 132.

Sec 458

Subst 2015 No 12, sec 45. Am 2018 (354), Sch 1 [1].

Sec 459

Am 2016 No 65, sec 83.

Sec 463

Am 2015 No 12, sec 46.

Sec 466

Am 2016 No 65, sec 133.

Sec 468

Am 2014 No 43, sec 6; 2016 No 65, sec 84.

Sec 469

Am 2014 No 43, sec 7.

Sec 470

Am 2014 No 43, sec 8.

Sec 479

Am 2019 No 29, sec 18.

Sec 488

Am 2015 No 12, sec 67 and Sch.

Sec 490

Am 2018 No 18, sec 18.

Sec 494

Am 2015 No 12, sec 47.

Part 9.2, Div 1A (secs 494A–494C)

Ins 2019 No 29, sec 19.

Sec 495

Am 2015 No 12, sec 48.

Sec 496

Am 2019 No 29, sec 20.

Sec 497

Am 2015 No 12, sec 49.

Sec 500

Am 2019 No 29, sec 21.

Sec 501

Am 2019 No 29, sec 22.

Sec 518

Am 2016 No 65, sec 85.

Sec 520

Am 2018 No 10, sec 24; 2018 (354), Sch 1 [1].

Sec 521

Am 2018 No 10, sec 25; 2018 (354), Sch 1 [1].

Sec 522

Am 2018 No 10, sec 26; 2018 No 18, sec 20.

Sec 525

Am 2015 No 12, sec 50; 2018 No 10, sec 27; 2019 No 29, sec 23.

Sec 526

Am 2015 No 12, sec 51; 2019 No 29, sec 24.

Sec 527

Am 2015 No 12, sec 52; 2018 No 10, sec 28; 2018 (354), Sch 1 [1]; 2019 No 29, sec 25.

Sec 528

Am 2015 No 12, sec 53.

Sec 528A

Ins 2015 No 12, sec 54.

Sec 529

Am 2015 No 12, sec 67 and Sch; 2019 No 29, sec 26.

Sec 529AA

Ins 2019 No 29, sec 27.

Sec 529A

Ins 2015 No 12, sec 55. Subst 2019 No 29, sec 28.

Sec 529B

Ins 2015 No 12, sec 55. Am 2019 No 29, sec 29.

Sec 530

Am 2019 No 29, sec 30.

Sec 531

Am 2015 No 12, sec 56.

Secs 531A, 531B

Ins 2016 No 65, sec 134. Rep 2019 No 29, sec 31.

Sec 551

Am 2018 No 10, sec 29.

Sec 556

Am 2016 No 65, sec 86.

Sec 557

Am 2016 No 65, sec 87.

Sec 558

Am 2016 No 65, sec 88.

Sec 567

Am 2018 No 23, Sch 1.1 [5].

Sec 568

Am 2018 No 18, sec 21.

Sec 569

Am 2016 No 65, sec 89; 2018 No 10, sec 30; 2018 No 18, sec 22.

Sec 570

Am 2016 No 65, sec 90; 2018 No 18, sec 23.

Sec 570A

Ins 2016 No 65, sec 91. Am 2018 No 18, sec 24.

Part 9.4, Divs 5A, 5B (secs 576A–576E)

Ins 2018 No 18, sec 25.

Sec 577

Am 2018 No 18, sec 26.

Sec 578

Am 2016 No 65, sec 92.

Sec 579

Am 2016 No 65, sec 93.

Sec 586

Am 2016 No 65, sec 135.

Sec 588

Am 2016 No 65, sec 94; 2018 No 18, sec 27.

Sec 590

Am 2015 No 12, sec 57; 2016 No 65, sec 95.

Part 10.1A (secs 590A–590D)

Ins 2016 No 65, sec 96.

Sec 592

Am 2016 No 65, sec 97.

Part 10.3, Div 2A (sec 596A)

Ins 2018 No 18, sec 28.

Sec 598

Am 2018 No 10, sec 31; 2018 (354), Sch 1 [1].

Sec 611

Am 2016 No 65, sec 98.

Part 10.4, Divs 1, 2 (secs 618–625)

Rep 2016 No 65, sec 99.

Part 10.4, Div 3, heading

Subst 2016 No 65, sec 100.

Sec 632A

Ins 2016 No 65, sec 101.

Sec 634

Am 2016 No 65, sec 102; 2018 No 18, Sch 1.

Sec 636

Am 2016 No 65, sec 103; 2018 No 10, sec 32.

Sec 637

Am 2016 No 65, sec 104; 2018 No 10, sec 33.

Sec 638

Am 2016 No 65, sec 105; 2018 No 10, sec 34.

Sec 641

Am 2018 No 18, sec 29; 2019 No 29, sec 32.

Sec 653

Am 2018 No 10, sec 35; 2018 No 18, sec 30.

Sec 655A

Ins 2016 No 65, sec 136.

Sec 658

Am 2018 No 10, sec 36.

Sec 659

Am 2018 No 10, sec 37; 2018 (354), Sch 1 [1]; 2019 No 29, sec 33; 2021 No 9, Sch 1[13].

Sec 660

Am 2018 No 10, sec 38.

Part 12.2A (secs 686A, 686B)

Ins 2018 No 10, sec 39.

Sec 688

Am 2018 No 10, sec 40.

Sec 698A

Ins 2019 No 29, sec 34.

Sec 701

Am 2016 No 65, sec 106.

Sec 702

Am 2016 No 65, sec 107.

Sec 704

Am 2015 No 12, sec 58.

Sec 707

Subst 2016 No 65, sec 108.

Sec 707A

Ins 2016 No 65, sec 108.

Sec 710

Am 2016 No 65, sec 109.

Sec 711

Am 2018 No 10, sec 41; 2018 (354), Sch 1 [1]; 2020 No 30, Sch 4.27[2] [6]; 2021 No 9, Sch 1[8].

Sec 721

Am 2016 No 65, sec 139.

Sec 725

Am 2015 No 12, sec 59.

Sec 726A

Ins 2016 No 65, sec 110.

Secs 726B, 726C

Ins 2018 No 18, sec 31.

Part 13.3, Div 3 (sec 726D)

Ins 2018 No 18, sec 32.

Sec 727

Am 2015 No 12, sec 60; 2016 No 65, sec 139; 2018 No 18, sec 33.

Sec 728

Am 2015 No 12, sec 61.

Sec 728A

Ins 2015 No 12, sec 62.

Secs 729A, 729B

Ins 2015 No 12, sec 63.

Sec 730

Am 2018 No 18, sec 34.

Sec 735A

Ins 2016 No 65, sec 111.

Sec 737

Am 2018 No 18, sec 35.

Sec 737A

Ins 2018 No 10, sec 42.

Sec 740A

Ins 2016 No 65, sec 137.

Sec 742

Am 2016 No 65, sec 112.

Sec 748

Am 2015 No 12, sec 64.

Sec 750

Am 2018 No 18, sec 36.

Part 14.3 (secs 756–758)

Ins 2015 No 12, sec 65.

Part 14.4 (sec 759)

Ins 2016 No 65, sec 138.

Sch 3

Am 2018 No 18, sec 37.

Sch 4

Am 2015 No 12, sec 66. Subst 2016 No 65, sec 113. Am 2018 No 10, sec 43; 2018 No 18, sec 38 and Sch 1; 2019 No 29, sec 35.

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