Heavy Vehicle National Law (South Australia) Act 2013 (SA)

South Australia

Heavy Vehicle National Law (South Australia) Act 2013

An Act to make provision for a national scheme for facilitating and regulating the use of heavy vehicles on roads; and for other purposes.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Heavy Vehicle National Law (South Australia) Act 2013.

3Interpretation

(1)
For the purposes of this Act, the local application provisions of this Act are the provisions of this Act other than the South Australian Heavy Vehicle National Law text.
(2)
In the local application provisions of this Act—
Heavy Vehicle National Law (South Australia) means the provisions applying in this jurisdiction because of section 4 of this Act;
Heavy Vehicle National Regulations or national regulations means the Heavy Vehicle National Regulations made under the Heavy Vehicle National Law;
Heavy Vehicle National Regulations (South Australia) means the provisions applying in relation to this jurisdiction because of section 6;
instrument includes a document;
local regulations means regulations made under section 28, but does not include the Heavy Vehicle National Regulations and the Heavy Vehicle National Regulations (South Australia);
South Australian Heavy Vehicle National Law text means the Heavy Vehicle National Law set out in the Schedule (as in force for the time being);
State entity means a public sector agency within the meaning of the Public Sector Act 2009.
(3)
Terms used in the local application provisions of this Act and also in the South Australian Heavy Vehicle National Law text have the same meanings in those provisions as they have in that Law.
(4)
This section does not apply to the extent that the context or subject matter otherwise indicates or requires.

Part 2Application of Heavy Vehicle National Law and Heavy Vehicle National RegulationsDivision 1General4Application of Heavy Vehicle National Law

The South Australian Heavy Vehicle National Law text—
(a)
applies as a law of South Australia; and
(b)
as so applying may be referred to as the Heavy Vehicle National Law (South Australia).

5Amendments to Schedule to maintain national consistency

(1)
If—
1. (a)
  the Parliament of Queensland enacts an amendment to the Heavy Vehicle National Law set out in the Schedule to the Heavy Vehicle National Law Act 2012 of Queensland; and
2. (b)
  the Governor is satisfied that an amendment that corresponds, or substantially corresponds, to the amendment made by the Parliament of Queensland should be made to the Heavy Vehicle National Law (South Australia),

the Governor may, by regulation, amend the South Australian Heavy Vehicle National Law text.

(2)
The Governor may, as part of a regulation made under subsection (1), make any additional provisions (including so as to modify the terms of an amendment that has been made to the Heavy Vehicle National Law by the Parliament of Queensland or to provide for related or transitional matters) considered by the Governor to be necessary to ensure that the amendment to the Heavy Vehicle National Law has proper effect in South Australia.
(3)
A regulation made under this section may, if the regulation so provides, take effect from the day of the commencement of an amendment to the Heavy Vehicle National Law made by the Parliament of Queensland (including a day that is earlier than the day of the regulation's publication in the Gazette).

6Application of Heavy Vehicle National Regulations

The Heavy Vehicle National Regulations, as in force from time to time—
(a)
apply as national regulations in force for the purposes of the Heavy Vehicle National Law (South Australia), subject to modifications by the local regulations; and
(b)
as so applying may be referred to as the Heavy Vehicle National Regulations (South Australia).

7Exclusion of legislation of this jurisdiction

(1)
The Acts Interpretation Act 1915 does not apply to the Heavy Vehicle National Law (South Australia) or to instruments made under that Law.
(2)
Subject to subsection (3), the following Acts of this jurisdiction do not apply to this Act or to instruments made under the Heavy Vehicle National Law (South Australia) (except as applied under that Law):
(a)
the Freedom of Information Act 1991;
(b)
the Public Finance and Audit Act 1987;
(c)
the Public Sector Act 2009;
(d)
the State Records Act 1997.
(3)
The Acts referred to in subsection (2) apply to a State entity or an employee of a State entity exercising a function under the Heavy Vehicle National Law (South Australia).
(4)
In this section—
State entity does not include the Regulator.

Division 2Definitions, declarations and other references for purposes of Heavy Vehicle National Law (South Australia)

8Definition of generic terms and terms having meaning provided by this Act

In the Heavy Vehicle National Law (South Australia)—
infringement notice—a reference to an infringement notice in section 591 of the Law is a reference to an expiation notice issued under the Expiation of Offences Act 1996;
Magistrates Court means the Magistrates Court of South Australia;
police officer means a member of SA Police under the Police Act 1998;
responsible Minister for South Australia means the Minister to whom the administration of this Act is committed;
this jurisdiction means the State of South Australia.

9Declarations about industrial relations status of Regulator

(1)
It is declared that—
1. (a)
  the Regulator is not a public sector employer for the purposes of the Fair Work (Commonwealth Powers) Act 2009; and
2. (b)
  it is the intention of the Parliament that the Regulator be a national system employer for the purposes of the Fair Work Act 2009 of the Commonwealth.
(2)
No Act of South Australia can have effect to stop the Regulator from being a national system employer for the purposes of the Fair Work Act 2009 of the Commonwealth.

10Other declarations for purposes of Heavy Vehicle National Law in this jurisdiction

For the purposes of the Heavy Vehicle National Law (South Australia)—
(a)
each magistrate is declared to be an authorised warrant official; and
(b)
each police officer is declared to be an authorised officer; and
(c)
the Expiation of Offences Act 1996 is declared to be the Infringement Notice Offences Law; and
(d)
each council under the Local Government Act 1999 is declared to be a local government authority; and
(e)
the Work Health and Safety Act 2012 is declared to be the primary WHS Law; and
(f)
subject to paragraph (g), the Administrative and Disciplinary Division of the District Court is declared to be the relevant tribunal or court; and
(g)
the Magistrates Court is declared to be the relevant tribunal or court for the purposes of sections 556 and 590D of the Heavy Vehicle National Law (South Australia); and
(h)
an area that is a road or road‑related area within the meaning of the Road Traffic Act 1961 is declared to be a road or road‑related area; and
(i)
the Minister to whom the administration of the Road Traffic Act 1961 is committed is declared to be the road authority; and
(j)
an authority, person or body responsible for the care, control or management of a road is declared to be a road manager; and
(k)
the Australian Road Rules are declared to be the Road Rules.

11References to mistake of fact defence

The effect of a provision of the Heavy Vehicle National Law (South Australia) that states that a person charged with an offence does not have the benefit of the mistake of fact defence for the offence is that the person does not have the benefit of the mistake of fact defence for that offence.
Note—
See section 14 of the Law.

Division 3Authorisations for purposes of this jurisdiction12Authority to use force

(1)
An authorised officer who is a police officer is authorised to use force against a person in the exercise or purported exercise of a function under the Heavy Vehicle National Law (South Australia).
Note—
See section 491 of the Law.
(2)
An authorised officer is authorised to use force against property in the exercise or purported exercise of a function under the Heavy Vehicle National Law (South Australia) in relation to this jurisdiction.
Note—
See section 492 of the Law.

13Authority to amend or withdraw vehicle defect notices

An authorised officer who is a police officer of another jurisdiction may amend or withdraw a vehicle defect notice issued in this jurisdiction by an authorised officer who is a police officer.
Note—
See section 531 of the Law.

14Authority to seize heavy vehicles or things

Section 552(1) of the Heavy Vehicle National Law (South Australia) does not apply to an authorised officer who is a police officer impounding or seizing a heavy vehicle or thing under an Act or law of this jurisdiction.
Note—
See section 552(2) of the Law.

15Authorised use of protected information

For the purposes of Chapter 13 Part 4 of the Heavy Vehicle National Law (South Australia), the Motor Vehicles Act 1959 is specified as a relevant law.
Note—
See paragraph (k) of the definition of authorised use in respect of protected information in section 727(1) of the Law.

Division 4Modification of Heavy Vehicle National Law (South Australia) for purposes of this jurisdiction16Modification of Law for certain purposes

The Heavy Vehicle National Law (South Australia) applies—
(a)
section 93 (Person must not tamper with speed limiter fitted to heavy vehicle)—as if subsection (8) were deleted;
(b)
section 498(1)(b) (Power to enter a place if evidence suspected to be at the place)—as if paragraph (b) were deleted and the following paragraph substituted:
(b)
there may be at the place evidence of an offence against this Law.;
(c)
section 499(1)(d) (Power to enter particular places if incident involving death, injury or damage)—as if paragraph (d) were deleted and the following paragraph substituted:
(d)
there may be at the place evidence of the offence mentioned in paragraph (b).;
(d)
section 517(1) (Direction to move heavy vehicle if causing harm etc)—as if paragraph (b) were deleted and the following paragraphs substituted:
(b)
obstructing, or likely to obstruct, traffic or any event lawfully authorised to be held on the road; or
(c)
obstructing or hindering, or likely to obstruct or hinder, vehicles from entering or leaving land adjacent to the road.;
(e)
section 572 (Improvement notices)—
(i)
as if subsections (1) and (2) were deleted and the following subsections substituted:
(1)
This section applies if an authorised officer reasonably believes a person has contravened, is contravening, or is likely to contravene, a provision of this Law.
(2)
The authorised officer may give the person a notice (an improvement notice) requiring the person to take action within a stated period to stop the contravention from occurring, continuing or occurring again or to remedy the matters or activities occasioning, or that would occasion, the contravention or likely contravention.;
(ii)
as if paragraphs (a) to (d) (inclusive) of subsection (4) were deleted and the following paragraphs substituted:
(a)
that the authorised officer reasonably believes the person has contravened, is contravening, or is likely to contravene, a provision of this Law;
(b)
the reasons for that belief;
(c)
the provision of this Law in relation to which that belief is held;
(d)
that the person must take action within a stated period to stop the contravention from occurring, continuing or occurring again or to remedy the matters or activities occasioning, or that would occasion, the contravention or likely contravention;;
(f)
with any other modifications that are necessary to give effect to any of the preceding paragraphs.

17Modification of Law for other purposes

The Heavy Vehicle National Law (South Australia) applies—
(a)
section 519 (Moving unattended heavy vehicle on road if causing harm etc)—as if the following subsection were inserted after subsection (7):
(8)
In this section—
authorised officer includes, in relation to a heavy vehicle unattended on any road within the area of a council, an officer of the council;
council means a council under the Local Government Act 1999 of South Australia.;
(b)
section 571(1) (Authorised officers to whom Division applies)—as if subsection (1) were deleted and the following subsection substituted:
(1)
This Division applies to an authorised officer who is a police officer, or a police officer of a class, who has the relevant police commissioner's written authority to issue improvement notices under this Division.;
(c)
section 576(3) (Clearance certificate), definition of approved authorised officer, (a)—as if "police officer and" were deleted and "police officer, or a police officer of a class," were substituted;
(d)
with any other modifications that are necessary to give effect to any of the preceding paragraphs.

Division 5Supplementary powers relating to enforcement in this jurisdiction18Application of this Division

(1)
The provisions set out in this Division are additional to the provisions of the Heavy Vehicle National Law (South Australia).
(2)
The powers that may be exercised by authorised officers in this jurisdiction under this Division are additional to the powers that may be exercised by an authorised officer under the Heavy Vehicle National Law (South Australia).

19Power to enter certain places

(1)
At any time when a place where heavy vehicles are exhibited or kept for sale or hire is open for business, an authorised officer may, for the purposes of determining whether a vehicle exhibited or kept for sale or hire at that place is a defective heavy vehicle (within the meaning of section 525 of the Heavy Vehicle National Law (South Australia)), inspect the vehicle or direct the owner, the registered operator or the person in charge of the vehicle to produce it for inspection at a time and place stated by the authorised officer.
(2)
A person must comply with a direction given under this section.
Maximum penalty: $6 000.
(3)
An authorised officer may for the purposes of inspecting a heavy vehicle under this section—
(a)
cause the vehicle to be inspected by another person; and
(b)
drive or test, or cause another person to drive or test, the vehicle.
(4)
Chapter 9 Part 3 Division 6 of the Heavy Vehicle National Law (South Australia) applies if, after an inspection of a heavy vehicle under this section, an authorised officer reasonably believes—
(a)
the vehicle is a defective heavy vehicle; and
(b)
the use of the vehicle on a road poses a safety risk.

20Person must not possess certain devices

(1)
A person must not, without reasonable excuse, have in his or her possession a device that is designed, or is adapted, to enable tampering with a speed limiter (a tampering device).
Maximum penalty:
(a)
if the offender is a natural person—$10 000;
(b)
if the offender is a body corporate—$50 000.
(2)
An authorised officer may seize, retain and test any device that he or she has reasonable cause to suspect is a tampering device.
(3)
A court that has convicted a person of an offence against this section may order that the tampering device in relation to which the offence was committed be forfeited to the Crown.
(4)
In proceedings for an offence against this section, an allegation in the complaint that a specified device is designed, or is adapted, to enable tampering with a speed limiter is, in the absence of proof to the contrary, proof of the matter so alleged.
(5)
For the purposes of this section, a reference to a tampering device includes a reference to a computer or other electronic device on which a software program that is intended, or able, to be used to tamper with a speed limiter is installed or stored.

21Offence to sell or dispose of heavy vehicle in respect of which vehicle defect notice is in force

(1)
A person must not sell or otherwise dispose of a heavy vehicle in respect of which a vehicle defect notice has been issued if the vehicle defect notice has not been cleared under the Heavy Vehicle National Law of a participating jurisdiction.

Maximum penalty: $3 000.

(2)
It is a defence to a charge under subsection (1) of having sold or otherwise disposed of a heavy vehicle in respect of which a vehicle defect notice is in force if the defendant satisfies the court that at the time of the sale or disposal he or she had reason to believe that the vehicle was not intended to be used on a road after the sale or disposal.

22Moving unattended etc heavy vehicle if danger or obstruction

(1)
This section applies if—
1. (a)
  an authorised officer reasonably believes that a heavy vehicle is unattended or broken down on a bridge, culvert or freeway; or
2. (b)
  an authorised officer reasonably believes that—
  1. (i)
    a heavy vehicle on a road is unattended; and
  2. (ii)
    the heavy vehicle is—
    1. (A)
      obstructing or likely to obstruct any event lawfully authorised to be held on the road; or
    2. (B)
      obstructing or hindering, or likely to obstruct or hinder, vehicles from entering or leaving land adjacent to the road; or
3. (c)
  an authorised officer reasonably believes that—
  1. (i)
    a heavy vehicle on a road is broken down; and
  2. (ii)
    the heavy vehicle is—
    1. (A)
      causing, or creating an imminent risk of, serious harm to public safety, the environment or road infrastructure; or
    2. (B)
      obstructing, or likely to obstruct, traffic or any event lawfully authorised to be held on the road; or
    3. (C)
      obstructing or hindering, or likely to obstruct or hinder, vehicles from entering or leaving land adjacent to the road.
(2)
The authorised officer may move or authorise someone else (the assistant) to move the heavy vehicle or, if it is a combination, any component vehicle of the combination, to the extent it is reasonably necessary to avoid the harm or obstruction.
Example—
by driving, pushing or towing the vehicle
(3)
The authorised officer or assistant may—
1. (a)
  enter the heavy vehicle to enable the authorised officer or assistant to move it; and
2. (b)
  for a combination—separate any or all of the component vehicles of the combination for the purpose of moving 1 or more of them.
(4)
The authorised officer or assistant may drive the heavy vehicle even if the officer or assistant is not qualified to drive it if the authorised officer reasonably believes there is no‑one else in or near the vehicle who is more capable of driving it and fit and willing to drive it.
(5)
It is immaterial that—
1. (a)
  the assistant is not the operator of the heavy vehicle; or
2. (b)
  the authorised officer or assistant is not authorised by the operator to drive the heavy vehicle.
(6)
In driving the heavy vehicle under subsection (4), the authorised officer or assistant is exempt from a provision of an Australian road law to the extent the provision would require the authorised officer or assistant to be qualified to drive the vehicle.
(7)
The authorised officer or assistant may use the force that is reasonably necessary to do anything that is reasonably necessary to avoid the harm or obstruction.
(8)
In this section—

authorised officer includes—
(a)
in relation to a heavy vehicle unattended or broken down on a freeway—a person authorised by the responsible Minister for the purposes of this section; and
(b)
in relation to a heavy vehicle unattended or broken down on any road within the area of a council—an officer of the council;
broken down—
(a)
a heavy vehicle is broken down if it is not possible to drive the vehicle because it is disabled through damage, mechanical failure, lack of fuel or any similar reason; and
(b)
a trailer is broken down if it is not connected (either directly or by 1 or more other trailers) to a towing vehicle, whether or not the trailer is also disabled through damage, mechanical power or any similar reason; and
(c)
a combination is broken down if it is not possible to drive the combination because the combination or a vehicle comprised in the combination is disabled through damage, mechanical failure, lack of fuel or any similar reason; and
(d)
a vehicle of a kind not referred to in any of the preceding paragraphs is broken down if it is not connected to a towing vehicle or an animal by which it could be drawn or if it is not possible to tow or draw the vehicle because it is disabled through damage, mechanical failure or any similar reason;
council means a council under the Local Government Act 1999;
event means an organised sporting, recreational, political, artistic, cultural or other activity, and includes a street party;

freeway means a length of road to which a freeway sign applies in accordance with the Australian Road Rules.

Division 6Miscellaneous22ADelegation by road authority

(1)
Subject to subsection (2), the road authority may, by instrument in writing, delegate any of the powers or functions conferred on the road authority by or under this Act—
(a)
to a particular person; or
(b)
to the person for the time being occupying a particular position.
(2)
A delegation under this section cannot be made to a road manager or delegate of a road manager.
(3)
A power or function delegated under this section may, subject to the conditions of the instrument of delegation, be further delegated by instrument in writing.
(4)
A delegation under this section—
(a)
may be unconditional or subject to conditions specified by the delegator; and
(b)
does not derogate from the power of the delegator to act personally in any matter; and
(c)
is revocable at will by the delegator.

22BDelegation by road manager

(1)
Subject to subsection (2), a road manager may, by instrument in writing, delegate any of the powers or functions conferred on a road manager by or under this Act—
(a)
to a particular person (including another road manager); or
(b)
to the person for the time being occupying a particular position.
(2)
A delegation under this section cannot be made to a road authority or delegate of a road authority.
(3)
A power or function delegated under this section may, subject to the conditions of the instrument of delegation, be further delegated by instrument in writing.
(4)
A delegation under this section—
(a)
may be unconditional or subject to conditions specified by the delegator; and
(b)
does not derogate from the power of the delegator to act personally in any matter; and
(c)
is revocable at will by the delegator.

23Approved vehicle examiners

A person who is, immediately before the commencement of this section, approved under the Recognised Engineering Signatory Scheme to inspect vehicle modifications for the purposes of the Road Traffic Act 1961 will be taken to be an approved vehicle examiner to inspect modifications of heavy vehicles for the purposes of the Heavy Vehicle National Law (South Australia).

24Proof of lawful authority or lawful or reasonable excuse

In proceedings for an offence against this Act in which it is material to establish whether an act was done with or without lawful authority, lawful excuse or reasonable excuse, the onus of proving the authority or excuse lies on the defendant and, in the absence of such proof, it will be presumed that no such authority or excuse exists.

25Provision of information and assistance by Registrar of Motor Vehicles

(1)
Despite any other Act or law, the Registrar is authorised, on his or her own initiative or at the request of the Regulator—
1. (a)
  to provide the Regulator with such information (including information given in confidence) in the possession or control of the Registrar that is reasonably required by the Regulator for the purposes of this Act or the Heavy Vehicle National Law; and
2. (b)
  to provide the Regulator with such other assistance as is reasonably required by the Regulator to exercise a function or power under this Act or the Heavy Vehicle National Law.
(2)
Despite any other Act or law, the Registrar may authorise the Regulator to disclose information provided under subsection (1) even if the information was given to the Registrar in confidence.
(3)
Nothing done, or authorised to be done, by the Registrar in acting under subsection (1) or (2)—
1. (a)
  constitutes a breach of, or default under, an Act or other law; or
2. (b)
  constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or
3. (c)
  constitutes a breach of duty of confidence (whether arising by contract, in equity or by custom) or in any other way; or
4. (d)
  constitutes a civil or criminal wrong; or
5. (e)
  terminates an agreement or obligation or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy; or
6. (f)
  releases a surety or any other obligee wholly or in part from an obligation.
(4)
In this section—

Registrar means the Registrar of Motor Vehicles under the Motor Vehicles Act 1959.

26Various powers may be exercised on same occasion

An authorised officer may exercise various powers under the Road Traffic Act 1961, the Motor Vehicles Act 1959 and this Act on the same occasion, whether the exercise of the powers is for the same purpose or different purposes and whether the opportunity to exercise 1 power arises only as a result of the exercise of another power.

Part 3Regulations27National regulations

(1)
The Subordinate Legislation Act 1978 does not apply to the national regulations.
(2)
The Minister is to make arrangements for the tabling of a regulation made under the Heavy Vehicle National Law in both Houses of Parliament.
(3)
The Minister must, after a regulation is tabled in each House of Parliament under subsection (2), forward a copy of the regulation to the Legislative Review Committee of the Parliament for inquiry and report.
(4)
A regulation made under the Heavy Vehicle National Law may be disallowed by a House of Parliament in the same way, and within the same period, that a regulation made under an Act of this jurisdiction may be disallowed.
(5)
However, if a regulation made by the designated authority pursuant to section 730 of the Heavy Vehicle National Law is disallowed in this jurisdiction, the regulation does not cease to have effect in this jurisdiction unless the regulation is disallowed in a majority of the participating jurisdictions (and, in such a case, the regulation will cease to have effect on the date of its disallowance in the last of the jurisdictions forming the majority).

28Local regulations

(1)
The Governor may make regulations (the local regulations) for or with respect to any matter—
(a)
that by the local application provisions of this Act is required or permitted to be prescribed by the local regulations or that is necessary or convenient to be prescribed by the local regulations for carrying out or giving effect to the local application provisions of this Act; or
(b)
that by the Heavy Vehicle National Law (South Australia) is required or permitted to be prescribed by the local regulations.
(2)
Without limitation, the local regulations may make provision for or with respect to—
(a)
the administration of the Heavy Vehicle National Law (South Australia); and
(b)
procedural matters relating to any aspects of the Heavy Vehicle National Law (South Australia).
(3)
Without limiting subsection (1) or (2), the local regulations may—
(a)
confer on police officers or persons of a specified class power to give directions (including directions requiring action inconsistent with other requirements under the Heavy Vehicle National Law (South Australia) or the Heavy Vehicle National Regulations (South Australia)) or any other power for the safe and efficient regulation of traffic; and
(b)
provide for exemptions (conditional or unconditional) from specified provisions of the Heavy Vehicle National Law (South Australia) or the Heavy Vehicle National Regulations (South Australia); and
(c)
make provision for the inspection of vehicles for the purposes of the local application provisions of this Act, the Heavy Vehicle National Law (South Australia) or the Heavy Vehicle National Regulations (South Australia); and
(d)
prescribe and provide for the payment of fees in respect of specified matters under, or matters that relate to the purposes of, the local application provisions of this Act, the Heavy Vehicle National Law (South Australia) or the Heavy Vehicle National Regulations (South Australia) (including, for example, fees on the making of an application, an assessment or a booking, and fees for vehicle or other inspections); and
(e)
impose a penalty for a contravention of, or non-compliance with, a local regulation of not more than the amount specified in section 730(3)(b) of the Heavy Vehicle National Law (South Australia); and
(f)
fix expiation fees for an alleged offence against the local application provisions of this Act or the local regulations; and
(g)
prescribe offences for the purposes of section 591 of the Heavy Vehicle National Law (South Australia) and fix expiation fees for such alleged offences in respect of which an infringement notice has been issued.
(4)
An expiation fee fixed under the local regulations for an alleged offence against the local application provisions of this Act, the Heavy Vehicle National Law (South Australia), the Heavy Vehicle National Regulations (South Australia) or the local regulations may not exceed 10% of the penalty fixed for the relevant offence.
(5)
The local regulations may—
(a)
be of general application or limited application; and
(b)
make different provision according to the matters or circumstances to which they are expressed to apply.
(6)
Without limiting a preceding subsection, the Governor may, by regulation, modify the operation of the Heavy Vehicle National Regulations (South Australia) (even if to do so is inconsistent with the Heavy Vehicle National Law (South Australia)).

Part 4Savings and transitional provisionsDivision 1Special transitional arrangements relating to Chapter 2 of Heavy Vehicle National Law29Definitions for this Division

In this Division—
corresponding registration law means a law of a participating jurisdiction that provides for the registration of vehicles in substantially the same terms as in the Motor Vehicles Act;
general savings and transitional provision means section 748 of the Heavy Vehicle National Law (South Australia);
Motor Vehicles Act means the Motor Vehicles Act 1959;
Registrar means the Registrar of Motor Vehicles under the Motor Vehicles Act;
relevant day means the day on which Chapter 2 of the Heavy Vehicle National Law (South Australia) comes into operation.

30Modification of Law in this jurisdiction until national registration scheme comes into operation

(1)
Until the relevant day, the Heavy Vehicle National Law (South Australia) applies—
1. (a)
  as if a reference to a certificate of registration for a heavy vehicle were a reference to a certificate relating to the registration of the vehicle under—
  1. (i)
    the Motor Vehicles Act; or
  2. (ii)
    a corresponding registration law;
2. (b)
  as if a reference to a heavy vehicle being conditionally registered were a reference to the vehicle being registered subject to conditions under—
  1. (i)
    section 25 of the Motor Vehicles Act; or
  2. (ii)
    a corresponding registration law;
3. (c)
  as if a reference to a heavy vehicle being registered under this Law were a reference to the vehicle being registered under—
  1. (i)
    the Motor Vehicles Act; or
  2. (ii)
    a corresponding registration law;
4. (d)
  as if a reference to registration in relation to a heavy vehicle were a reference to the vehicle being registered—
  1. (i)
    by the Registrar under the Motor Vehicles Act; or
  2. (ii)
    by an authority under a corresponding registration law;
5. (e)
  as if a reference to a registration exemption in relation to a heavy vehicle were a reference to the vehicle being exempted from the requirement to be registered under—
  1. (i)
    the Motor Vehicles Act; or
  2. (ii)
    a corresponding registration law;
6. (f)
  as if a reference to the registration number of a heavy vehicle were a reference to the number allotted to the vehicle—
  1. (i)
    by the Registrar on registration under the Motor Vehicles Act; or
  2. (ii)
    by an authority on registration under a corresponding registration law;
7. (g)
  as if a reference to an unregistered heavy vehicle permit for a heavy vehicle were a reference to a permit issued—
  1. (i)
    by the Registrar in respect of the vehicle under section 16 of the Motor Vehicles Act; or
  2. (ii)
    by an authority under a corresponding registration law;
8. (h)
  as if a reference to the vehicle register were a reference to the register of motor vehicles kept—
  1. (i)
    by the Registrar in respect of the vehicle under section 16 of the Motor Vehicles Act; or
  2. (ii)
    by an authority under a corresponding registration law;
9. (i)
  as if, in section 5—
  1. (i)
    the following definition were inserted after the definition of corresponding fatigue law:
    corresponding registration law means a law of a participating jurisdiction that provides for the registration of vehicles in substantially the same terms as in the Motor Vehicles Act 1959 of South Australia;
  2. (ii)
    the definition of GCM were deleted and the following definition substituted:
    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—
    1. (a)
      if the Registrar of Motor Vehicles under the Motor Vehicles Act 1959 of South Australia, or an authority under a corresponding registration law, 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 Registrar or authority (as the case may be); or
    2. (b)
      otherwise—stated by the motor vehicle's manufacturer;
  3. (iii)
    the definition of GVM were deleted and the following definition substituted:
    GVM (gross vehicle mass), of a vehicle, means the maximum loaded mass of the vehicle—
    1. (a)
      if the Registrar of Motor Vehicles under the Motor Vehicles Act 1959 of South Australia, or an authority under a corresponding registration law, has specified the vehicle's maximum loaded mass—specified by the Registrar or authority (as the case may be); or
    2. (b)
      otherwise—stated by the vehicle's manufacturer;
10. (j)
  as if section 60(3) and (4) were deleted and the following subsections substituted:
  1. (3)
    A person does not commit an offence against subsection (1) in relation to a heavy vehicle's noncompliance with a heavy vehicle standard if, and to the extent, the noncompliance relates to a noncompliance known to the Registrar of Motor Vehicles under the Motor Vehicles Act 1959 of South Australia, or an authority under a corresponding registration law, when the vehicle was registered under that Act or that registration law.
  2. (4)
    For the purposes of subsection (3), the Registrar of Motor Vehicles under the Motor Vehicles Act 1959 of South Australia, or an authority under a corresponding registration law, is taken to know of a heavy vehicle's noncompliance with a heavy vehicle standard when the vehicle was registered by the Registrar or authority (as the case may be) if the noncompliance is mentioned in—
    1. (a)
      an operations plate that was installed on the vehicle when it was registered; or
    2. (b)
      a certificate of approved operations issued for the vehicle and in force when the vehicle was registered; or
    3. (c)
      a document obtained by the Registrar of Motor Vehicles or authority (as the case requires) in connection with the registration of the vehicle.;
11. (k)
  as if, in section 520(2)(b), ", the Motor Vehicles Act 1959 of South Australia or a corresponding registration law" were inserted after "this Law";
12. (l)
  as if, in section 521(3)(c), "the Motor Vehicles Act 1959 of South Australia or a corresponding registration law" were inserted after "this Law";
13. (m)
  as if section 527(1)(i) were deleted and the following paragraph substituted:
  1. (i)
    that, if the notice is not cleared by the Regulator under section 530, the law under which the vehicle is registered may provide for sanctions (for example, suspension or cancellation of registration).;
14. (n)
  as if, in section 598(5), "Regulator is" were deleted and "Regulator and the Registrar of Motor Vehicles under the Motor Vehicles Act 1959 of South Australia are" substituted;
15. (o)
  as if, after section 598(5), the following subsection were inserted:
  1. (6)
    In this section—
  registration of a heavy vehicle means registration under the Motor Vehicles Act 1959 of South Australia.;
16. (p)
  as if, in section 711, the following subsection were inserted after subsection (1):
  1. (1a)
    A certificate purporting to be issued by the Registrar of Motor Vehicles under the Motor Vehicles Act 1959 of South Australia (the Motor Vehicles Act) and stating that, at a stated time or during a stated period—
    1. (a)
      a stated vehicle was or was not registered under the Motor Vehicles Act; or
    2. (b)
      a stated vehicle was or was not registered under the Motor Vehicles Act on the basis it is a heavy vehicle; or
    3. (c)
      a stated vehicle registered under the Motor Vehicles Act was or was not registered as a heavy vehicle of a stated category; or
    4. (d)
      a stated person was or was not the registered operator of a stated vehicle registered under the Motor Vehicles Act; or
    5. (e)
      a stated exemption or authorisation under the Motor Vehicles Act applied or did not apply to a stated person or a stated heavy vehicle; or
    6. (f)
      a stated person is the holder of a stated permit or other authority under the Motor Vehicles Act; or
    7. (g)
      a stated registration, exemption, authorisation, permit or other authority under the Motor Vehicles Act was or was not amended, suspended or cancelled under the Motor Vehicles Act; or
    8. (h)
      a stated penalty, fee, charge or other amount was or was not, or is or is not, payable under the Motor Vehicles Act by a stated person; or
    9. (i)
      a stated fee, charge or other amount payable under the Motor Vehicles Act was or was not paid to the Registrar; or
    10. (j)
      a stated person has or has not notified the Registrar of any, or a stated, change of the person's address,
  is evidence of the matter.
(2)
This section will expire on the relevant day.

31Declaratory regulation making power for general savings and transitional provision for purposes of this Division

(1)
A regulation may make provision of a declaratory nature (a declaratory regulation), as provided for in subsection (2), in relation to the operation of the general savings and transitional provision.
(2)
A declaratory regulation may, in relation to a particular thing done under the Motor Vehicles Act as in force immediately before the relevant day—
1. (a)
  declare that the general savings and transitional provision applies to it; or
2. (b)
  declare how the general savings and transitional provision applies to it; or
3. (c)
  declare that the general savings and transitional provision does not apply to it, and provide how the thing must otherwise be dealt with.
(3)
A declaratory regulation has effect according to its terms.
(4)
The operation of the general savings and transitional provision is not limited by the making of a declaratory regulation other than to the extent provided for in the regulation.
(5)
The transitional regulation making power as provided for in section 39 does not apply to a declaratory regulation lawfully made under this section even if, in the absence of this section, the declaratory regulation should be made as a transitional regulation.
(6)
A declaratory regulation may not have retrospective operation.
(7)
However, a declaratory regulation may affect the operation of the general savings and transitional provision from when or after the regulation commences if the regulation does not operate to the disadvantage of a person by—
1. (a)
  decreasing the person's rights; or
2. (b)
  imposing liabilities on the person.
(8)
A declaratory regulation must declare that it is a declaratory regulation.

Division 2Provisions relating to section 748 of Heavy Vehicle National Law32Definitions for this Division

In this Division—
commencement means the commencement of this Division;
general savings and transitional provision means section 748 of the Heavy Vehicle National Law (South Australia);
Road Traffic Act means the Road Traffic Act 1961.

33Operation of general savings and transitional provision

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

34Offences

(1)
To remove any doubt, it is declared that the general savings and transitional provision does not affect the operation of section 16 of the Acts Interpretation Act 1915 in relation to any offence committed or suspected to have been committed under the Road Traffic Act before the commencement of this Division.
(2)
Without limiting subsection (1)—
(a)
the general savings and transitional provision does not affect the exercise, after the commencement, of powers under the Road Traffic Act, as in force immediately before the commencement, in relation to any offence committed or suspected to have been committed before the commencement; and

(b)
the Road Traffic Act, as in force immediately before the commencement, continues to have effect in relation to all matters arising in the investigation of the offence and the enforcement of the Act in relation to the offence.

35Approvals and exemptions

It is declared that, for the purposes of the general savings and transitional provision, sections 117, 122, 138 and 143 of the Heavy Vehicle National Law (South Australia) correspond to sections 161A and 163AA of the Road Traffic Act.

36Seizing of evidence

(1)
The general savings and transitional provision does not apply to the seizing of anything under the Road Traffic Act before the commencement.
(2)
The Road Traffic Act, as in force immediately before the commencement, continues to apply in relation to anything seized as mentioned in subsection (1).

37Declaratory regulation making power for general savings and transitional provision

(1)
A regulation may make provision of a declaratory nature (a declaratory regulation), as provided for in subsection (2), in relation to the operation of the general savings and transitional provision.
(2)
A declaratory regulation may, in relation to a particular thing done under the former legislation before the commencement—
1. (a)
  declare that the general savings and transitional provision applies to it; or
2. (b)
  declare how the general savings and transitional provision applies to it; or
3. (c)
  declare that the general savings and transitional provision does not apply to it, and provide how the thing must otherwise be dealt with.
(3)
A declaratory regulation has effect according to its terms.
(4)
The operation of the general savings and transitional provision is not limited by the making of a declaratory regulation other than to the extent provided for in the regulation.
(5)
The transitional regulation making power as provided for in section 39 does not apply to a declaratory regulation lawfully made under this section even if, in the absence of this section, the declaratory regulation should be made as a transitional regulation.
(6)
A declaratory regulation may not have retrospective operation.
(7)
However, a declaratory regulation may affect the operation of the general savings and transitional provision from when or after the regulation commences if the regulation does not operate to the disadvantage of a person by—
1. (a)
  decreasing the person's rights; or
2. (b)
  imposing liabilities on the person.
(8)
A declaratory regulation must declare that it is a declaratory regulation.
(9)
In this section—

former legislation means—
(a)
the Motor Vehicles Act 1959; or
(b)
the Road Traffic Act 1961.

Division 3Interpretative provision

38References in documents to repealed or amended provisions

(1)
This section applies to a document if—
(a)
there is a reference in the document to a provision (the affected provision) of the Road Traffic Act 1961 or the Motor Vehicles Act 1959 as in force before the commencement of this section; and
(b)
the affected provision is repealed or amended on the commencement of this section having regard to the commencement of the Heavy Vehicle National Law (South Australia).
(2)
The reference may, if the context permits, be taken to be a reference to a provision of the Heavy Vehicle National Law (South Australia) corresponding to the affected provision.
(3)
In this section—
document does not include an Act.

Division 4—Savings and transitional provisionsgeneral39Saving and transitional provisions – general

(1)
The Governor may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of this Act, including any repeals and amendments made as a result of the enactment of this Act.
(2)
Regulations made under this section may—
(a)
have a retrospective effect to a day on or from a date not earlier than the day on which this Act receives Royal Assent; and
(b)
be of limited or general application; and
(c)
leave any matter or thing to be decided by a specified person or class of person.
(3)
Regulations under this section have effect despite anything to the contrary in any Act (other than this Act) or in any statutory instrument.

Schedule—Heavy Vehicle National Law

Chapter 1Preliminary

Part 1—Introductory matters

1—Short title

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

2—Commencement

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

3—Object of Law

The object of this Law is to establish a national scheme for facilitating and regulating the use of heavy vehicles on roads in a way that—
(a)
promotes public safety; and
(b)
manages the impact of heavy vehicles on the environment, road infrastructure and public amenity; and
(c)
promotes industry productivity and efficiency in the road transport of goods and passengers by heavy vehicles; and
(d)
encourages and promotes productive, efficient, innovative, and safe business practices.

4—Regulatory framework to achieve object

The object of this Law is to be achieved by a regulatory framework that—
(a)
establishes an entity (the National Heavy Vehicle Regulator) with functions directed at ensuring the object is achieved; and
(b)
provides for a database of heavy vehicles; and
(c)
prescribes requirements about the following:
(i)
the standards heavy vehicles must meet when on roads;
(ii)
the maximum permissible mass and dimensions of heavy vehicles used on roads;
(iii)
securing and restraining loads on heavy vehicles used on roads;
(iv)
preventing drivers of heavy vehicles exceeding speed limits;
(v)
preventing drivers of heavy vehicles from driving while fatigued; and
(d)
imposes duties and obligations directed at ensuring heavy vehicles and drivers of heavy vehicles comply with requirements mentioned in paragraph (c)(i) to (v) on persons whose activities may influence whether the vehicles or drivers comply with the requirements; and
(e)
includes measures directed at the matters mentioned in section 3(c) and (d) by allowing improved access to roads in certain circumstances, including by—
(i)
allowing heavy vehicles, that would otherwise be prevented from being used on roads, access to the roads through exemptions or authorisations granted in circumstances in which the matters mentioned in section 3(a) and (b) will not be compromised; and
(ii)
providing for accreditation schemes allowing operators of heavy vehicles who adopt best practices directed at the matters mentioned in section 3 to be subject to alternative requirements more suited to the operators' business operations.

Part 2—Interpretation

5—Definitions

In this Law—
100km work, for the purposes of Chapter 6, has the meaning given by section 289(1);
100+km work, for the purposes of Chapter 6, has the meaning given by section 289(2);
accreditation certificate means—
(a)
for a heavy vehicle accreditation granted under this Law—the accreditation certificate given for the accreditation under section 464; or
(b)
for a heavy vehicle accreditation granted under another law of a participating jurisdiction—the certificate of accreditation (however called) issued for the accreditation under that law;
ADR means—
(a)
a third edition ADR; or
(b)
a second edition ADR;
advice purposes means providing advice, information and education to persons with duties or obligations under this Law about compliance with the duties or obligations;
AFM accreditation means—
(a)
AFM accreditation granted under section 458; or
(b)
accreditation of a similar kind under another law of a participating jurisdiction;
AFM fatigue management system, for the purposes of Chapter 6 and Chapter 8, has the meaning given by section 457;
AFM hours, for the purposes of Chapter 6 and Chapter 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 Chapter 13 Part 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 Chapter 6 Part 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 Chapter 6 Part 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;

Typical B-triple

BFM accreditation means—
(a)
BFM accreditation granted under section 458; or
(b)
accreditation of a similar kind under another law of a participating jurisdiction;
BFM fatigue management system, for the purposes of Chapter 8, has the meaning given by section 457;
BFM hours, for the purposes of Chapter 6 and Chapter 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, includes an information, or 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 Chapter 3 Part 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
(ba)
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;
(c)
there is no person as described in paragraph (a) or (b) and the goods are imported into Australia and the person is the importer of the goods;
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 Chapter 10 Part 3 Division 5, has the meaning given by section 599(a); or

(b)
for the purposes of Chapter 10 Part 3 Division 6, 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 Chapter 9 Part 3 Division 6, has the meaning given by section 525;
defective vehicle label, for the purposes of Chapter 9 Part 3 Division 6, 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 Chapter 10 Part 4 Division 3, 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 Chapter 13 Part 4, has the meaning given by section 727(1);
driver fatigue provision, for the purposes of Chapter 13 Part 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 Chapter 6 Part 4 Division 7;
electronic work diary has the meaning given by section 221;
electronic work diary authorised use, for the purposes of Chapter 13 Part 4, has the meaning given by section 727(1);
electronic work diary information, for the purposes of Chapter 13 Part 4, has the meaning given by section 727(1);
electronic work diary protected information, for the purposes of Chapter 13 Part 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 < 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;
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 Chapter 9 Part 3 Division 6, 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 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 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 same meaning given by section 402;
intelligent access program information, for the purposes of Chapter 7, has the meaning given by section 403;
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;

s 83
s 83(3)	substituted by 308/2017 r 12	1.10.2018
s 83(4)—(6)	deleted by 308/2017 r 12	1.10.2018
Ch 3 Pt 3
s 84	substituted by 1/2016 r 7	6.2.2016
modification	amended by 12/2020 r 7	1.7.2021
s 85
s 85(3)	inserted by 1/2016 r 8	6.2.2016
s 85(4) and (5)	inserted by 12/2020 r 10	28.2.2020
s 87A	inserted by 1/2016 r 9	6.2.2016
s 91
s 91(5) and (6)	deleted by 308/2017 r 13	1.10.2018
s 93
s 93(7) and (8)	deleted by 308/2017 r 14	1.10.2018
Ch 4
Ch 4 Pt 1
s 94
s 94(2)	amended by 1/2016 r 10(1)—(3)	6.2.2016
s 94(3)	amended by 1/2016 r 10(4)	6.2.2016
Ch 4 Pt 2
s 95
s 95(2)	amended by 214/2018 r 9	1.10.2018
s 96
s 96(1)	amended by 308/2017 r 15(1)	1.10.2018
s 96(2) and (3)	deleted by 308/2017 r 15(2)	1.10.2018
s 96(5)	inserted by 214/2018 r 10	1.10.2018
Ch 4 Pt 3
s 102
s 102(1)	amended by 308/2017 r 16(1)	1.10.2018
s 102(2) and (3)	deleted by 308/2017 r 16(2)	1.10.2018
s 105	amended by 199/2018 r 11	1.10.2018
Ch 4 Pt 4
s 111
s 111(1)	amended by 308/2017 r 17(1)	1.10.2018
s 111(2) and (3)	deleted by 308/2017 r 17(2)	1.10.2018
s 115	substituted by 214/2018 r 11	1.10.2018
Ch 4 Pt 5
s 116
s 116(4)
special purpose vehicle	amended by 199/2018 r 12	1.10.2018
s 119
s 119(1)	amended by 1/2016 r 11(1)	6.2.2016
amended by 79/2017 r 10	1.7.2017
s 119(2)—(6)	substituted by 1/2016 r 11(2)	6.2.2016
s 119(7)	inserted by 1/2016 r 11(2)	6.2.2016
s 119A	inserted by 1/2016 r 12	6.2.2016
s 125
s 125(1)	amended by 79/2017 r 11	1.7.2017
s 127
s 127(1)	amended by 12/2020 r 13	28.2.2020
s 130
s 130(3)	substituted by 308/2017 r 18	1.10.2018
s 130(4)	deleted by 308/2017 r 18	1.10.2018
s 132
s 132(3)	substituted by 308/2017 r 19	1.10.2018
s 132(4)—(6)	deleted by 308/2017 r 19	1.10.2018
s 133
s 133(3)	substituted by 308/2017 r 20	1.10.2018
s 133(4)—(6)	deleted by 308/2017 r 20	1.10.2018
Ch 4 Pt 6
s 136
s 136(1)	s 136 redesignated as s 136(1) by 214/2018 r 12(2)	1.10.2018
amended by 214/2018 r 12(1)	1.10.2018
s 136(2)	inserted by 214/2018 r 12(2)	1.10.2018
s 140	substituted by 1/2016 r 13	6.2.2016
s 142
s 142(2)—(6)	substituted by 1/2016 r 14	6.2.2016
s 142(7)	inserted by 1/2016 r 14	6.2.2016
s 142A	inserted by 1/2016 r 15	6.2.2016
s 146	amended by 79/2017 r 12	1.7.2017
s 148
s 148(1)	amended by 12/2020 r 14	28.2.2020
s 151
s 151(3)	substituted by 308/2017 r 21	1.10.2018
s 151(4)—(6)	deleted by 308/2017 r 21	1.10.2018
s 152
s 152(3)	substituted by 308/2017 r 22	1.10.2018
s 152(4)—(6)	deleted by 308/2017 r 22	1.10.2018
s 153 before deletion by 214/2018
s 153(2)	substituted by 308/2017 r 23	1.10.2018
s 153(3)—(5)	deleted by 308/2017 r 23	1.10.2018
s 153	deleted by 214/2018 r 13	1.10.2018
Ch 4 Pt 6A	inserted by 1/2016 r 16	6.2.2016
s 153A
s 153A(2)
safer freight vehicle	inserted by 45/2024 r 6(1)	6.6.2024
single heavy motor vehicle	inserted by 45/2024 r 6(1)	6.6.2024
specified semitrailer	inserted by 12/2020 r 15(1)	28.2.2020
s 153A(3)	substituted by 214/2018 r 14	1.10.2018
amended by 12/2020 r 15(2), (3)	28.2.2020
amended by 45/2024 r 6(2)	6.6.2024
Ch 4 Pt 7
s 154
road condition	amended by 79/2017 r 13	1.7.2017
s 156	substituted by 214/2018 r 15	1.10.2018
s 156A	inserted by 214/2018 r 15	1.10.2018
ss 164 and 165	deleted by 12/2020 r 16	28.2.2020
s 172
s 172(1)	amended by 214/2018 r 16	1.10.2018
s 172(2)	substituted by 12/2020 r 17	28.2.2020
s 173
s 173(3)	amended by 79/2017 r 14(1)	1.7.2017
s 173(5)	substituted by 79/2017 r 14(2)	1.7.2017
s 173(7)	deleted by 79/2017 r 14(3)	1.7.2017
s 174
s 174(2)	amended by 79/2017 r 15(1)	1.7.2017
s 174(5)	substituted by 79/2017 r 15(2)	1.7.2017
s 174(7)	deleted by 79/2017 r 15(3)	1.7.2017
s 175
s 175(2)	substituted by 79/2017 r 16(1)	1.7.2017
s 175(3)	deleted by 79/2017 r 16(1)	1.7.2017
s 175(6)	deleted by 79/2017 r 16(2)	1.7.2017
s 175A	inserted by 79/2017 r 17	1.7.2017
s 176
s 176(6)	amended by 79/2017 r 18(1)	1.7.2017
s 176(8)	inserted by 79/2017 r 18(2)	1.7.2017
s 180
s 180(2)	substituted by 79/2017 r 19	1.7.2017
Ch 4 Pt 8	deleted by 308/2017 r 24	1.10.2018
Ch 4 Pt 9
s 186
s 186(2)—(5)	substituted by 308/2017 r 25(1)	1.10.2018
s 186(6) and (7)	deleted by 308/2017 r 25(1)	1.10.2018
s 186(9)
Australian-packed goods	inserted by 308/2017 r 25(2)	1.10.2018
consignment documentation	inserted by 308/2017 r 25(2)	1.10.2018
overseas-packed goods	inserted by 308/2017 r 25(2)	1.10.2018
s 187
s 187(2) and (3)	substituted by 308/2017 r 26(1)	1.10.2018
s 187(5) and (6)	deleted by 308/2017 r 26(2)	1.10.2018
s 189	amended by 1/2016 r 17	6.2.2016
(c) deleted by 1/2016 r 17	6.2.2016
s 190
s 190(1)	amended by 1/2016 r 18	6.2.2016
substituted by 308/2017 r 27(1)	1.10.2018
s 190(2) and (3)	deleted by 308/2017 r 27(2)	1.10.2018
s 191
s 191(1)	amended by 1/2016 r 19(1)	6.2.2016
substituted by 308/2017 r 28(1)	1.10.2018
s 191(2)	amended by 308/2017 r 28(2)	1.10.2018
s 191(3)	substituted by 1/2016 r 19(2)	6.2.2016
amended by 308/2017 r 28(3)	1.10.2018
s 191(4) and (5)	deleted by 308/2017 r 28(4)	1.10.2018
s 191(6)
another carrier	inserted by 1/2016 r 19(3)	6.2.2016
s 192
s 192(1)	substituted by 308/2017 r 29(1)	1.10.2018
s 192(2)	amended by 1/2016 r 20	6.2.2016
amended by 308/2017 r 29(2)	1.10.2018
s 192(3) and (4)	deleted by 308/2017 r 29(3)	1.10.2018
s 192A	inserted by 1/2016 r 21	6.2.2016
s 192A(2)	amended by 199/2018 r 13	1.10.2018
s 193
s 193(2)	substituted by 308/2017 r 30	1.10.2018
s 193(3) and (4)	deleted by 308/2017 r 30	1.10.2018
s 194	deleted by 308/2017 r 31	1.10.2018
s 199
s 199(1)	amended by 308/2017 r 32	1.10.2018
Ch 5 before deletion by 308/2017
Ch 5 Pt 2
s 208
s 208(1)	amended by 1/2016 r 22	6.2.2016
s 213	amended by 1/2016 r 23	6.2.2016
Ch 5	deleted by 308/2017 r 33	1.10.2018
Ch 6
Ch 6 Pt 1
s 221
electronic work diary	substituted by 1/2016 r 24(1)	6.2.2016
electronic work diary label	deleted by 1/2016 r 24(1)	6.2.2016
entry	amended by 1/2016 r 24(2)	6.2.2016
intelligent access program reporting entity	inserted by 79/2017 r 20	1.7.2017
intelligent access reporting entity	deleted by 79/2017 r 20	1.7.2017
loading manager	amended by 308/2017 r 34(1)	1.10.2018
party in the chain of responsibility	deleted by 308/2017 r 34(2)	1.10.2018
Ch 6 Pt 2
Ch 6 Pt 2 Div 1
s 227	deleted by 308/2017 r 35	1.10.2018
Ch 6 Pt 2 Div 2
heading	amended by 308/2017 r 36	1.10.2018
s 229	deleted by 308/2017 r 37	1.10.2018
Ch 6 Pt 2 Div 3	deleted by 308/2017 r 38	1.10.2018
Ch 6 Pt 2 Div 4 before deletion by 308/2017
s 233
s 233(1)	amended by 1/2016 r 25	6.2.2016
Ch 6 Pt 2 Div 4	deleted by 308/2017 r 38	1.10.2018
Ch 6 Pt 2 Divs 5—8	deleted by 308/2017 r 38	1.10.2018
Ch 6 Pt 3
Ch 6 Pt 3 Div 1
s 246
s 246(1)	inserted by 1/2016 r 26(2)	6.2.2016
s 246(2)	s 246(1) redesignated as s 246(2) by 1/2016 r 26(1)	6.2.2016
s 246(3)	s 246(2) redesignated as s 246(3) by 1/2016 r 26(1)	6.2.2016
amended by 1/2016 r 26(3)	6.2.2016
s 246(4)	s 246(3) redesignated as s 246(4) by 1/2016 r 26(1)	6.2.2016
s 246(5)	s 246(4) redesignated as s 246(5) by 1/2016 r 26(1)	6.2.2016
amended by 1/2016 r 26(4)	6.2.2016
s 246A	inserted by 1/2016 r 27	6.2.2016
Ch 6 Pt 3 Div 2
s 249
s 249(2)	amended by 1/2016 r 28(1)	6.2.2016
s 249(3)	inserted by 1/2016 r 28(2)	6.2.2016
s 250
s 250(2) and (3)	deleted by 308/2017 r 39	1.10.2018
s 251
s 251(2) and (3)	deleted by 308/2017 r 40	1.10.2018
Ch 6 Pt 3 Div 3
s 253
s 253(2)	substituted by 1/2016 r 29	6.2.2016
s 253(3)	inserted by 1/2016 r 29	6.2.2016
s 254
s 254(2) and (3)	deleted by 308/2017 r 41	1.10.2018
s 256
s 256(2) and (3)	deleted by 308/2017 r 42	1.10.2018
Ch 6 Pt 3 Div 4
s 258
s 258(2) and (3)	deleted by 308/2017 r 43	1.10.2018
Ch 6 Pt 3 Div 5
s 260
s 260(2) and (3)	deleted by 308/2017 r 44	1.10.2018
Ch 6 Pt 3 Div 6	deleted by 308/2017 r 45	1.10.2018
Ch 6 Pt 3 Div 7
s 263
s 263(3) and (4)	deleted by 308/2017 r 46	1.10.2018
s 264
s 264(2)	substituted by 308/2017 r 47	1.10.2018
s 264(3) and (4)	deleted by 308/2017 r 47	1.10.2018
Ch 6 Pt 3 Div 8
s 271
s 271(3)	amended by 79/2017 r 21(1)	1.7.2017
s 271(5)	substituted by 79/2017 r 21(2)	1.7.2017
s 271(6)	amended by 79/2017 r 21(3)	1.7.2017
s 272
s 272(2)	substituted by 79/2017 r 22(1)	1.7.2017
s 272(3)	deleted by 79/2017 r 22(1)	1.7.2017
s 272(6)	deleted by 79/2017 r 22(2)	1.7.2017
s 287
s 287(3)	substituted by 308/2017 r 48	1.10.2018
s 287(4)—(6)	deleted by 308/2017 r 48	1.10.2018
s 288
s 288(3)	substituted by 308/2017 r 49	1.10.2018
s 288(4)—(6)	deleted by 308/2017 r 49	1.10.2018
Ch 6 Pt 4
Ch 6 Pt 4 Div 2
s 292
s 292(1)	amended by 1/2016 r 30	6.2.2016
s 297
s 297(2)	amended by 1/2016 r 31	6.2.2016
s 302	amended by 1/2016 r 32	6.2.2016
s 305
s 305(4)	amended by 1/2016 r 33	6.2.2016
s 307
s 307(1)	amended by 1/2016 r 34(1)	6.2.2016
s 307(3)	inserted by 1/2016 r 34(2)	6.2.2016
s 309
s 309(2)	amended by 1/2016 r 35	6.2.2016
s 310
s 310(1) and (2)	amended by 79/2017 r 23	1.7.2017
s 311
s 311(1)	amended by 1/2016 r 36(1)	6.2.2016
s 311(2)	amended by 1/2016 r 36(2)—(4)	6.2.2016
s 311(4) and (5)	deleted by 308/2017 r 50	1.10.2018
s 312	substituted by 1/2016 r 37	6.2.2016
s 312(3)	amended by 308/2017 r 51(1)	1.10.2018
s 312(5) and (6)	deleted by 308/2017 r 51(2)	1.10.2018
s 313	substituted by 1/2016 r 37	6.2.2016
s 313(1)	amended by 79/2017 r 24	1.7.2017
s 313(3)	amended by 308/2017 r 52(1)	1.10.2018
s 313(8) and (9)	deleted by 308/2017 r 52(2)	1.10.2018
s 315	substituted by 308/2017 r 53	1.10.2018
Ch 6 Pt 4 Div 3
s 319
s 319(1)	amended by 308/2017 r 54(1)	1.10.2018
amended by 199/2018 r 14(1), (2)	1.10.2018
s 319(2)	inserted by 1/2016 r 38(2)	6.2.2016
s 319(3)—(6)	s 319(2)—(5) redesignated as s 319(3)—(6) by 1/2016 r 38(1)	6.2.2016
s 319(4) and (5)	deleted by 308/2017 r 54(2)	1.10.2018
s 319A	inserted by 199/2018 r 15	1.10.2018
s 321
s 321(1)	amended by 1/2016 r 39(1)	6.2.2016
amended by 308/2017 r 55(1)	1.10.2018
s 321(2)	inserted by 1/2016 r 39(3)	6.2.2016
s 321(3)	s 321(2) redesignated as s 321(3) by 1/2016 r 39(2)	6.2.2016
amended by 308/2017 r 55(2)	1.10.2018
s 321(4)	s 321(3) redesignated as s 321(4) by 1/2016 r 39(2)	6.2.2016
amended by 1/2016 r 39(4)	6.2.2016
s 321(5) and (6)	s 321(4), (5) redesignated as s 321(5), (6) by 1/2016 r 39(2)	6.2.2016
amended by 1/2016 r 39(4)	6.2.2016
deleted by 308/2017 r 55(3)	1.10.2018
s 321(7) and (8)	s 321(6), (7) redesignated as s 321(7), (8) by 1/2016 r 39(2)	6.2.2016
s 322
s 322(2)	amended by 308/2017 r 56(1)	1.10.2018
s 322(3)	substituted by 1/2016 r 40	6.2.2016
s 322(4)	amended by 308/2017 r 56(2)	1.10.2018
s 322(6) and (7)	deleted by 308/2017 r 56(3)	1.10.2018
s 323
s 323(2)	amended by 308/2017 r 57(1)	1.10.2018
s 323(3)	amended by 308/2017 r 57(2)	1.10.2018
s 323(4)	inserted by 1/2016 r 41(2)	6.2.2016
s 323(5)	s 323(4) redesignated as s 323(5) by 1/2016 r 41(1)	6.2.2016
s 323(6) and (7)	s 323(5), (6) redesignated as s 323(6), (7) by 1/2016 r 41(1)	6.2.2016
deleted by 308/2017 r 57(3)	1.10.2018
s 324
s 324(2)	amended by 1/2016 r 42	6.2.2016
amended by 308/2017 r 58(1)	1.10.2018
s 324(4) and (5)	deleted by 308/2017 r 58(2)	1.10.2018
s 324A	inserted by 1/2016 r 43	6.2.2016
Ch 6 Pt 4 Div 4
s 325
s 325(1)	amended by 308/2017 r 59	1.10.2018
s 326
heading	substituted by 1/2016 r 44	6.2.2016
Ch 6 Pt 4 Div 5
s 335
s 335(3) and (4)	deleted by 308/2017 r 60(1)	1.10.2018
s 335(5)	amended by 308/2017 r 60(2)	1.10.2018
s 336
s 336(2) and (3)	deleted by 308/2017 r 61	1.10.2018
s 336A	inserted by 1/2016 r 45	6.2.2016
s 336A(3) and (4)	deleted by 308/2017 r 62	1.10.2018
s 337
s 337(2)	amended by 79/2017 r 25	1.7.2017
s 337(3) and (4)	deleted by 308/2017 r 63	1.10.2018
Ch 6 Pt 4 Div 7
s 341
s 341(1)	amended by 308/2017 r 64(1)	1.10.2018
s 341(2)	amended by 308/2017 r 64(2)	1.10.2018
s 341(3)	amended by 308/2017 r 64(3)	1.10.2018
s 341(4)	amended by 308/2017 r 64(4)	1.10.2018
s 341(5)	amended by 308/2017 r 64(5)	1.10.2018
s 341(6)	inserted by 1/2016 r 46(2)	6.2.2016
s 341(7)	inserted by 1/2016 r 46(2)	6.2.2016
amended by 308/2017 r 64(6)	1.10.2018
s 341(8)	s 341(6) redesignated as s 341(8) by 1/2016 r 46(1)	6.2.2016
amended by 1/2016 r 46(3)	6.2.2016
s 341(9) and (10)	s 341(7), (8) redesignated as s 341(9), (10) by 1/2016 r 46(1)	6.2.2016
amended by 1/2016 r 46(3)	6.2.2016
deleted by 308/2017 r 64(7)	1.10.2018
Ch 6 Pt 4 Div 8
Ch 6 Pt 4 Div 8 Subdiv 1
s 343(2)	(g), (h) redesignated as (h), (i) by 1/2016 r 47(1)	6.2.2016
amended by 1/2016 r 47(2)	6.2.2016
s 344
s 344(1)	substituted by 1/2016 r 48	6.2.2016
Ch 6 Pt 4 Div 8 Subdiv 2	substituted by 1/2016 r 49	6.2.2016
Ch 6 Pt 4 Div 8 Subdiv 3
s 355
s 355(2) and (3)	substituted by 1/2016 r 50(1)	6.2.2016
s 355(6)	substituted by 1/2016 r 50(2)	6.2.2016
s 355(8)	deleted by 1/2016 r 50(3)	6.2.2016
s 355(8)	s 355(9) redesignated as s 355(8) by 1/2016 r 50(4)	6.2.2016
Ch 6 Pt 4 Div 9
s 362
s 362(3)	amended by 79/2017 r 26(1)	1.7.2017
s 362(5)	substituted by 79/2017 r 26(2)	1.7.2017
s 362(7)	deleted by 79/2017 r 26(3)	1.7.2017
s 376
s 376(3)	substituted by 308/2017 r 65	1.10.2018
s 376(4)—(6)	deleted by 308/2017 r 65	1.10.2018
Ch 6 Pt 4 Div 10
s 382
s 382(3)	amended by 79/2017 r 27(1)	1.7.2017
s 382(5)	substituted by 79/2017 r 27(2)	1.7.2017
s 382(7)	deleted by 79/2017 r 27(3)	1.7.2017
Ch 6 Pt 4 Div 11
s 396
s 396(2)	amended by 308/2017 r 66(1)	1.10.2018
s 396(3) and (4)	deleted by 308/2017 r 66(2)	1.10.2018
s 398
s 398(3) and (4)	deleted by 308/2017 r 67	1.10.2018
s 399
s 399(2)	amended by 308/2017 r 68(1)	1.10.2018
s 399(3) and (4)	deleted by 308/2017 r 68(2)	1.10.2018
Ch 7
Ch 7 Pt 1
s 400
s 400(1)	amended by 79/2017 r 28(1), (2)	1.7.2017
s 400(2)	amended by 79/2017 r 28(3), (4)	1.7.2017
s 400(3)	amended by 79/2017 r 28(1)	1.7.2017
s 402
s 402(1) and (2)	amended by 79/2017 r 29(1), (2)	1.7.2017
s 403
approved intelligent transport system	substituted by 79/2017 r 30(1)	1.7.2017
intelligent access agreement	deleted by 79/2017 r 30(2)	1.7.2017
intelligent access audit	deleted by 79/2017 r 30(3)	1.7.2017
intelligent access conditions	deleted by 79/2017 r 30(4)	1.7.2017
intelligent access information	deleted by 79/2017 r 30(5)	1.7.2017
intelligent access program agreement	inserted by 79/2017 r 30(2)	1.7.2017
intelligent access program audit	inserted by 79/2017 r 30(3)	1.7.2017
intelligent access program conditions	inserted by 79/2017 r 30(4)	1.7.2017
intelligent access program information	inserted by 79/2017 r 30(5)	1.7.2017
intelligent access program service provider	inserted by 79/2017 r 30(6)	1.7.2017
intelligent access program vehicle	inserted by 79/2017 r 30(7)	1.7.2017
intelligent access service provider	deleted by 79/2017 r 30(6)	1.7.2017
intelligent access vehicle	deleted by 79/2017 r 30(7)	1.7.2017
noncompliance report	amended by 79/2017 r 30(8)	1.7.2017
relevant contravention	amended by 79/2017 r 30(9)	1.7.2017
Ch 7 Pt 2
heading	amended by 79/2017 r 31	1.7.2017
s 404
s 404(1)	amended by 79/2017 r 32(1)—(3)	1.7.2017
amended by 308/2017 r 69(1)	1.10.2018
s 404(2)	amended by 79/2017 r 32(2)	1.7.2017
s 404(3)	amended by 79/2017 r 32(3), (4)	1.7.2017
s 404(4)	amended by 79/2017 r 32(1), (2)	1.7.2017
amended by 308/2017 r 69(2)	1.10.2018
s 404(5)	amended by 79/2017 r 32(2)	1.7.2017
s 405
s 405(1)	amended by 79/2017 r 33(1), (2)	1.7.2017
amended by 308/2017 r 70	1.10.2018
s 405(2)	amended by 79/2017 r 33(2), (3)	1.7.2017
s 406
s 406(1)	amended by 79/2017 r 34	1.7.2017
s 407
s 407(1)	amended by 79/2017 r 35	1.7.2017
amended by 308/2017 r 71	1.10.2018
s 407(2)	amended by 79/2017 r 35	1.7.2017
Ch 7 Pt 3
heading	amended by 79/2017 r 36	1.7.2017
s 408
s 408(1)	amended by 79/2017 r 37	1.7.2017
Ch 7 Pt 4
heading	amended by 79/2017 r 38	1.7.2017
s 409	amended by 79/2017 r 39(1)—(3)	1.7.2017
s 410
s 410(1)	amended by 79/2017 r 40(1)	1.7.2017
amended by 308/2017 r 72(1)	1.10.2018
s 410(2)	amended by 79/2017 r 40(2)	1.7.2017
amended by 308/2017 r 72(2)	1.10.2018
s 411
s 411(1)	amended by 79/2017 r 41(1), (2)	1.7.2017
s 411(2)	amended by 79/2017 r 41(3)	1.7.2017
s 412	amended by 1/2016 r 51	6.2.2016
amended by 79/2017 r 42(1), (2)	1.7.2017
amended by 308/2017 r 73	1.10.2018
amended by 214/2018 r 17	1.10.2018
s 413
s 413(1)—(3)	amended by 79/2017 r 43	1.7.2017
s 414
s 414(1) and (2)	amended by 79/2017 r 44	1.7.2017
s 415
s 415(1)—(4)	amended by 79/2017 r 45	1.7.2017
s 416	amended by 1/2016 r 52	6.2.2016
amended by 79/2017 r 46(1), (2)	1.7.2017
s 417	amended by 79/2017 r 47(1), (2)	1.7.2017
s 418
s 418(1)	amended by 79/2017 r 48(1)—(3)	1.7.2017
s 418(2)—(4)	amended by 79/2017 r 48(1), (2)	1.7.2017
s 418(5)	amended by 79/2017 r 48(1)—(3)	1.7.2017
s 418(6)	amended by 79/2017 r 48(3)	1.7.2017
s 418(7)	amended by 79/2018 r 48(1)—(3)	1.7.2017
s 418(8)	amended by 79/2017 r 48(1), (2)	1.7.2017
s 419
s 419(1)	amended by 79/2017 r 49(1)—(3)	1.7.2017
s 419(2)	amended by 79/2017 r 49(1), (2), (4)	1.7.2017
s 419(3)	amended by 79/2017 r 49(2)	1.7.2017
s 420
s 420(1) and (2)	amended by 79/2017 r 50	1.7.2017
s 421
s 421(1)	amended by 79/2017 r 51(1), (2)	1.7.2017
substituted by 308/2017 r 74	1.10.2018
amended by 214/2018 r 18(1), (2)	1.10.2018
s 422
s 422(1)	amended by 79/2017 r 52(1), (2)	1.7.2017
s 422(2)	amended by 79/2017 r 52(1)	1.7.2017
s 422(3)	amended by 79/2017 r 52(1), (2)	1.7.2017
s 423
s 423(1)—(3)	amended by 79/2017 r 53(1)	1.7.2017
s 423(4)	amended by 79/2017 r 53(2)	1.7.2017
s 424
s 424(1)—(4)	amended by 79/2017 r 54	1.7.2017
Ch 7 Pt 5
s 425
s 425(1)	amended by 79/2017 r 55(1), (2)	1.7.2017
s 426	amended by 79/2017 r 56	1.7.2017
s 427
s 427(1) and (2)	amended by 79/2017 r 57	1.7.2017
amended by 308/2017 r 75	1.10.2018
s 428	amended by 1/2016 r 53	6.2.2016
amended by 79/2017 r 58	1.7.2017
amended by 308/2017 r 76	1.10.2018
amended by 214/2018 r 19	1.10.2018
s 432	amended by 1/2016 r 54	6.2.2016
amended by 79/2017 r 59	1.7.2017
s 433
s 433(1) and (2)	amended by 79/2017 r 60(1)	1.7.2017
s 433(3)	amended by 79/2017 r 60(1), (3), (4)	1.7.2017
s 433(4) and (5)	amended by 79/2017 r 60(1), (2)	1.7.2017
s 433(6) and (7)	amended by 79/2017 r 60(1)	1.7.2017
s 434	amended by 79/2017 r 61	1.7.2017
s 435
s 435(1) and (2)	amended by 79/2017 r 62	1.7.2017
s 437
s 437(1)	amended by 79/2017 r 63

1.7.2017
substituted by 308/2017 r 77	1.10.2018
amended by 214/2018 r 20	1.10.2018
s 437(2)	amended by 79/2017 r 63	1.7.2017
Ch 7 Pt 6
heading	amended by 79/2017 r 64	1.7.2017
s 440	substituted by 79/2017 r 65	1.7.2017
s 441
s 441(1) and (2)	amended by 79/2017 r 66(1), (2)	1.7.2017
amended by 308/2017 r 78	1.10.2018
s 442	amended by 1/2016 r 55	6.2.2016
amended by 79/2017 r 67(1), (2)	1.7.2017
amended by 308/2017 r 79	1.10.2018
amended by 214/2018 r 21	1.10.2018
s 443
s 443(1) and (2)	amended by 79/2017 r 68	1.7.2017
s 444
s 444(1) and (2)	amended by 79/2017 r 69	1.7.2017
s 445
s 445(1)—(4)	amended by 79/2017 r 70	1.7.2017
s 446	amended by 1/2016 r 56	6.2.2016
amended by 79/2017 r 71(1), (2)	1.7.2017
s 447
s 447(1)	amended by 79/2017 r 72(1)—(5)	1.7.2017
s 447(2) and (3)	amended by 79/2017 r 72(1), (2)	1.7.2017
s 447(4)	amended by 79/2017 r 72(1), (2), (4)	1.7.2017
s 447(5)	amended by 79/2017 r 72(1), (2)	1.7.2017
s 448	amended by 79/2017 r 73(1), (2)	1.7.2017
s 449
s 449(1)	amended by 79/2017 r 74(1), (2)	1.7.2017
s 449(2)	amended by 79/2017 r 74(2), (3)	1.7.2017
s 449(3)	amended by 79/2017 r 74(1)	1.7.2017
s 450
s 450(1)	amended by 79/2017 r 75(1)—(3)	1.7.2017
amended by 308/2017 r 80	1.10.2018
amended by 214/2018 r 22	1.10.2018
s 450(2)	amended by 79/2017 r 75(1), (2)	1.7.2017
s 451	amended by 79/2017 r 76(1), (2)	1.7.2017
s 452	amended by 79/2017 r 77(1)—(3)	1.7.2017
s 453
s 453(1) and (2)	amended by 79/2017 r 78	1.7.2017
Ch 7 Pt 7
s 454
s 454(1) and (2)	amended by 79/2017 r 79	1.7.2017
s 455
s 455(1)	amended by 79/2017 r 80(1), (2)	1.7.2017
s 455(2) and (3)	amended by 79/2017 r 80(1)	1.7.2017
Ch 8
Ch 8 Pt 1
s 457
mass management system	amended by 79/2017 r 81	1.7.2017
Ch 8 Pt 2
s 458	substituted by 1/2016 r 57	6.2.2016
s 459
s 459(3)	amended by 308/2017 r 81	1.10.2018
s 463
s 463(3)	inserted by 1/2016 r 58	6.2.2016
s 466
s 466(2a) and (2b)	inserted by 79/2017 r 82	1.7.2017
Ch 8 Pt 3
s 468
s 468(1)	amended by 3/2015 r 5	15.1.2015
s 468(3)	substituted by 308/2017 r 82	1.10.2018
s 468(4)—(6)	deleted by 308/2017 r 82	1.10.2018
s 469
s 469(1)	amended by 3/2015 r 6(1)—(3)	15.1.2015
s 470
s 470(2)	amended by 3/2015 r 7(1)	15.1.2015
s 470(4)	amended by 3/2015 r 7(2)	15.1.2015
(d) deleted by 3/2015 r 7(3)	15.1.2015
s 470(5)	amended by 3/2015 r 7(4)	15.1.2015
(c) deleted by 3/2015 r 7(4)	15.1.2015
s 470(7)	amended by 3/2015 r 7(5)	15.1.2015
Ch 9
Ch 9 Pt 1
s 479
s 479(1)	s 479 redesignated as s 479(1) by 12/2020 r 18	28.2.2020
s 479(2)	inserted by 12/2020 r 18	28.2.2020
s 488	amended by 1/2016 r 59	6.2.2016
s 490	amended by 214/2018 r 23	1.10.2018
Ch 9 Pt 2
Div 1
s 494
s 494(1)
relevant place	substituted by 1/2016 r 60	6.2.2016
residence	inserted by 1/2016 r 60	6.2.2016
Div 1A	inserted by 12/2020 r 19	28.2.2020
Div 2
s 495
s 495(1)	amended by 1/2016 r 61	6.2.2016
s 496
s 496(6A)	inserted by 12/2020 r 20	28.2.2020
Div 3
s 497
s 497(1)	amended by 1/2016 r 62	6.2.2016
s 500
s 500(11)	inserted by 12/2020 r 21	28.2.2020
Div 4
s 501	amended by 12/2020 r 22	28.2.2020
Ch 9 Pt 3
s 518
s 518(7)	amended by 308/2017 r 83	1.10.2018
s 520
s 520(2)	amended by 199/2018 r 16	1.7.2018
s 521
s 521(3)	amended by 199/2018 r 17	1.7.2018
s 521(6)	amended by 214/2018 r 24	1.10.2018
s 522
s 522(1)	amended by 214/2018 r 25(1)	1.10.2018
s 522(1a)	inserted by 214/2018 r 25(2)	1.10.2018
s 522(2)	substituted by 214/2018 r 25(2)	1.10.2018
s 522(6)	deleted by 199/2018 r 18	1.7.2018
inserted by 214/2018 r 25(3)	1.10.2018
s 525
defective vehicle label	amended by 1/2016 r 63(1)	6.2.2016
amended by 12/2020 r 23	28.2.2020
registration authority	inserted by 1/2016 r 63(2)	6.2.2016
deleted by 199/2018 r 19	1.7.2018
vehicle identifier	inserted by 1/2016 r 63(2)	6.2.2016
s 526
s 526(1)	substituted by 12/2020 r 24(1)	28.2.2020
s 526(2)	amended by 1/2016 r 64(1)	6.2.2016
substituted by 12/2020 r 24(1)	28.2.2020
s 526(4)	substituted by 12/2020 r 24(2)	28.2.2020
s 526(5)—(8)	deleted by 1/2016 r 64(2)	6.2.2016
s 527
s 527(1)	amended by 1/2016 r 65(1), (2)	6.2.2016
amended by 199/2018 r 20	1.7.2018
amended by 12/2020 r 25(1)—(4)	28.2.2020
s 527(2)	amended by 12/2020 r 25(5)	28.2.2020
s 527(4)	inserted by 12/2020 r 25(6)	28.2.2020
s 528
s 528(4)	amended by 1/2016 r 66	6.2.2016
s 528A	inserted by 1/2016 r 67	6.2.2016
s 529	amended by 1/2016 r 68	6.2.2016
amended by 12/2020 r 26	28.2.2020
s 529AA	inserted by 12/2020 r 27	28.2.2020
s 529A	inserted by 1/2016 r 69	6.2.2016
substituted by 12/2020 r 28	28.2.2020
s 529B	inserted by 1/2016 r 69	6.2.2016
s 529B(1)	amended by 12/2020 r 29	28.2.2020
s 530
s 530(1)	amended by 12/2020 r 30(1)	28.2.2020
s 530(2)	amended by 12/2020 r 30(2)	28.2.2020
s 531
s 531(3)	amended by 1/2016 r 70(1)	6.2.2016
s 531(4)	inserted by 1/2016 r 70(3)	6.2.2016
s 531(5)	s 531(4) redesignated as s 531(5) by 1/2016 r 70(2)	6.2.2016
ss 531A and 531B	inserted by 79/2017 r 83	1.7.2017
deleted by 12/2020 r 31	28.2.2020
Ch 9 Pt 4
Pt 4 Div 2
s 551
s 551(2)	amended by 199/2018 r 21(1)	1.7.2018
s 551(4)	amended by 199/2018 r 21(2)	1.7.2018
s 556
s 556(2)	amended by 308/2017 r 84	1.10.2018
s 557
s 557(4)	amended by 308/2017 r 85	1.10.2018
s 558
s 558(3)	amended by 308/2017 r 86	1.10.2018
Pt 4 Div 4
s 568
s 568(2) and (3)	substituted by 214/2018 r 26(1)	1.10.2018
s 568(4)	amended by 214/2018 r 26(2), (3)	1.10.2018
s 568(5)	amended by 214/2018 r 26(4)	1.10.2018
s 568(6)	substituted by 214/2018 r 26(5)	1.10.2018
s 568(8)	amended by 214/2018 r 26(6)	1.10.2018
s 569
s 569(1)	amended by 199/2018 r 22	1.7.2018
amended by 214/2018 r 27(1)	1.10.2018
s 569(3)	substituted by 214/2018 r 27(2)	1.10.2018
s 569(4)	amended by 214/2018 r 27(3)	1.10.2018
s 569(10)	deleted by 308/2017 r 87	1.10.2018
s 570
s 570(1)	amended by 214/2018 r 28(1)	1.10.2018
s 570(2)	amended by 214/2018 r 28(2)	1.10.2018
s 570(2a)	inserted by 214/2018 r 28(3)	1.10.2018
s 570(5)	amended by 214/2018 r 28(4)	1.10.2018
s 570(5a)	inserted by 214/2018 r 28(5)	1.10.2018
s 570(6)
information	deleted by 308/2017 r 88	1.10.2018
s 570A	inserted by 308/2017 r 89	1.10.2018
s 570A(1)—(4)	substituted by 214/2018 r 29(1)	1.10.2018
s 570A(6)	amended by 214/2018 r 29(2)	1.10.2018
s 570A(7)	substituted by 214/2018 r 29(3)	1.10.2018
Pt 4 Divs 5A and 5B	inserted by 214/2018 r 30	1.10.2018
Pt 4 Div 6
s 577
s 577(3)	amended by 214/2018 r 31(1)	1.10.2018
s 577(6)	amended by 214/2018 r 31(2)	1.10.2018
Ch 9 Pt 5
s 578
s 578(1)	amended by 308/2017 r 90	1.10.2018
s 579
s 579(2)	amended by 308/2017 r 91	1.10.2018
Ch 9 Pt 6
s 586	amended by 79/2017 r 84(1)—(4)	1.7.2017
s 588
s 588(1)	amended by 214/2018 r 32	1.10.2018
s 588(2)	amended by 308/2017 r 92	1.10.2018
Ch 10
Ch 10 Pt 1
s 590
s 590(1)	amended by 308/2017 r 93	1.10.2018
s 590(3)	substituted by 1/2016 r 71	6.2.2016
Ch 10 Pt 1A	inserted by 308/2017 r 94	1.10.2018
Ch 10 Pt 2
s 592
s 592(2)	(c) deleted by 308/2017 r 95	1.10.2018
Ch 10 Pt 3
Pt 3 Div 2A	inserted by 214/2018 r 33	1.10.2018
Pt 3 Div 4
s 598
s 598(5)	amended by 199/2018 r 23	1.7.2018
Pt 3 Div 7
s 611
s 611(4)	amended by 308/2017 r 96	1.10.2018
Ch 10 Pt 4
Ch 10 Pt 4 Divs 1 and 2	deleted by 308/2017 r 97	1.10.2018
Ch 10 Pt 4 Div 3
heading	substituted by 308/2017 r 98	1.10.2018
Ch 10 Pt 4 Div 4
s 632A	inserted by 308/2017 r 99	1.10.2018
s 634
s 634(3)	amended by 308/2017 r 100(1)	1.10.2018
s 634(4) and (5)	inserted by 308/2017 r 100(2)	1.10.2018
s 636
s 636(1)	amended by 199/2018 r 24(1)	1.10.2018
s 636(2) and (3)	substituted by 308/2017 r 101	1.10.2018
deleted by 199/2018 r 24(2)	1.10.2018
s 637
s 637(4)	amended by 308/2017 r 102(1)	1.10.2018
s 637(5) and (6)	substituted by 308/2017 r 102(2)	1.10.2018
deleted by 199/2018 r 25(1)	1.10.2018
s 637(8)	amended by 199/2018 r 25(2)	1.10.2018
s 638
s 638(4)	amended by 308/2017 r 103(1)	1.10.2018
s 638(5) and (6)	substituted by 308/2017 r 103(2)	1.10.2018
deleted by 199/2018 r 26(1)	1.10.2018
s 638(8)	amended by 199/2018 r 26(2)	1.10.2018
s 638(10)	deleted by 308/2017 r 103(3)	1.10.2018
Ch 11
s 641
s 641(2)	amended by 12/2020 r 32(1)	28.2.2020
s 641(5)	amended by 12/2020 r 32(2)	28.2.2020
s 641(6)	substituted by 12/2020 r 32(3)	28.2.2020
s 641(6A)	inserted by 12/2020 r 32(3)	28.2.2020
s 641(8)
decision notice	inserted by 12/2020 r 32(4)	28.2.2020
dissatisfied person	amended by 214/2018 r 34	1.10.2018
Ch 12
Ch 12 Pt 1
s 653
s 653(1)	(a) deleted by 199/2018 r 27	1.7.2018
amended by 214/2018 r 35	1.10.2018
s 655A	inserted by 79/2017 r 85	1.7.2017
Ch 12 Pt 2
s 658
s 658(2)	amended by 199/2018 r 28	1.7.2018
s 659
s 659(2)	amended by 199/2018 r 29	1.7.2018
amended by 12/2020 r 33	28.2.2020
s 660
s 660(2)	amended by 199/2018 r 30(1)	1.7.2018
s 660(4)	inserted by 199/2018 r 30(2)	1.7.2018
Ch 12 Pt 2A	inserted by 199/2018 r 31	1.7.2018
Ch 12 Pt 3
s 688
s 688(2)	substituted by 199/2018 r 32	1.7.2018
s 688(3)	deleted by 199/2018 r 32	1.7.2018
s 698A	inserted by 12/2020 r 34	28.2.2020
Ch 13
Ch 13 Pt 1
s 701
s 701(1)	amended by 308/2017 r 104(1)	1.10.2018
s 701(2)	amended by 308/2017 r 104(2)	1.10.2018
s 702
s 702(1)	amended by 308/2017 r 105(1)	1.10.2018
s 702(3)	amended by 308/2017 r 105(2), (3)	1.10.2018
s 704
s 704(1)	substituted by 1/2016 r 72(1)	6.2.2016
s 704(2)	amended by 1/2016 r 72(2)	6.2.2016
s 704(3)	amended by 1/2016 r 72(3)	6.2.2016
s 704(4)
heavy vehicle authority	amended by 1/2016 r 72(4)	6.2.2016
Ch 13 Pt 3
Pt 3 Div 1
s 707	substituted by 308/2017 r 106	1.10.2018
s 707A	inserted by 308/2017 r 106	1.10.2018
Pt 3 Div 2
s 710
s 710(3)	deleted by 308/2017 r 107	1.10.2018
s 711
s 711(1)	(a) to (d) deleted by 199/2018 r 33(1)	1.7.2018
amended by 199/2018 r 33(2)	1.7.2018
s 721
s 721(1)	amended by 79/2017 r 86(1), (2)	1.7.2017
s 725
s 725(2)	(a), (b) redesignated as (b), (c) by 1/2016 r 73(1)	6.2.2016
amended by 1/2016 r 73(2)	6.2.2016
s 726A	inserted by 308/2017 r 108	1.10.2018
ss 726B and 726C	inserted by 214/2018 r 36	1.10.2018
Pt 3 Div 3	inserted by 214/2018 r 37	1.10.2018
Ch 13 Pt 4
s 727
s 727(1)
driver fatigue compliance function	inserted by 1/2016 r 74(1)	6.2.2016
driver fatigue provision	inserted by 1/2016 r 74(1)	6.2.2016
amended by 214/2018 r 38(1), (2)	1.10.2018
electronic work diary authorised use	inserted by 1/2016 r 74(1)	6.2.2016
electronic work diary information	inserted by 1/2016 r 74(1)	6.2.2016
electronic work diary protected information	inserted by 1/2016 r 74(1)	6.2.2016
amended by 214/2018 r 38(3)	1.10.2018
protected information	amended by 1/2016 r 74(2)	6.2.2016
amended by 79/2017 r 87	1.7.2017
s 727(2)	substituted by 1/2016 r 74(3)	6.2.2016
s 727(3)	inserted by 1/2016 r 74(5)	6.2.2016
s 727(4)	s 727(3) redesignated as s 727(4) by 1/2016 r 74(4)	6.2.2016
amended by 1/2016 r 74(6)	6.2.2016
s 728
heading	amended by 1/2016 r 75	6.2.2016
s 728A	inserted by 1/2016 r 76	6.2.2016
ss 729A and 729B	inserted by 1/2016 r 77	6.2.2016
s 730
s 730(3)	amended by 214/2018 r 39	1.10.2018
Ch 13 Pt 6
s 735A	inserted by 308/2017 r 109	1.10.2018
s 737
s 737(2a)	inserted by 214/2018 r 40	1.10.2018
s 737A	inserted by 199/2018 r 34	1.10.2018
s 740A	inserted by 79/2017 r 88	1.7.2017
s 742
s 742(4)	deleted by 308/2017 r 110	1.10.2018
Ch 14
Ch 14 Pt 2
s 748
s 748(8) and (9)	inserted by 1/2016 r 78	6.2.2016
s 750
s 750(4)	substituted by 214/2018 r 41	1.10.2018
Ch 14 Pt 3	inserted by 1/2016 r 79	6.2.2016
Ch 14 Pt 4	inserted by 79/2017 r 89	1.7.2017
Sch 3
Pt 2	amended by 214/2018 r 42(1)	1.10.2018
Pt 3	amended by 214/2018 r 42(2)	1.10.2018
Sch 4	amended by 1/2016 r 80(1)—(7)	6.2.2016
substituted by 308/2017 r 111	1.10.2018
amended by 199/2018 r 35(1), (2)	1.10.2018
amended by 214/2018 r 43(1), (2)	1.10.2018
amended by 12/2020 r 35(1), (2)	28.2.2020

Historical versions

15.1.2015
6.2.2016
1.7.2017
19.12.2017
1.7.2018
1.10.2018
3.10.2019
28.2.2020
1.7.2021