Queensland

Heavy Vehicle National Law

(Queensland)

Current as at 19 February 2024

Reprint note
The Heavy Vehicle National Law (Queensland) is applied (with
modifications) as a law of Queensland by the Heavy Vehicle National Law
Act 2012. This version is the Law as it applies in Queensland—see the
Heavy Vehicle National Law Act 2012, section 4. It is intended a new reprint
of the National Law will be prepared by the Office of the Queensland
Parliamentary Counsel when any change in the National Law takes effect.

National scheme legislation may not be entirely consistent with

Queensland’s current drafting style.
 © State of Queensland 2024

This work is licensed under a Creative Commons Attribution 4.0 International License.
 Queensland

Heavy Vehicle National Law (Queensland)

Contents

Page
Chapter 1 Preliminary
Part 1.1 Introductory matters
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
3 Object of Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
4 Regulatory framework to achieve object . . . . . . . . . . . . . . . . . . . 34
Part 1.2 Interpretation
5 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
6 Meaning of heavy vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
7 Meaning of fatigue-regulated heavy vehicle . . . . . . . . . . . . . . . . 90
8 Meaning of road and road-related area . . . . . . . . . . . . . . . . . . . . 91
9 Meaning of convicts and convicted of an offence . . . . . . . . . . . . 92
10 Interpretation generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
11 References to laws includes references to instruments made under laws
93
12 References to this Law as applied in a participating jurisdiction . 93
13 References to road . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
14 References to particular ADR versions . . . . . . . . . . . . . . . . . . . . 93
15 References to categories of heavy vehicles . . . . . . . . . . . . . . . . 94
Part 1.3 Application and operation of Law
16 Extraterritorial operation of Law . . . . . . . . . . . . . . . . . . . . . . . . . 94
17 Law binds the State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
18 Relationship with primary work health and safety laws . . . . . . . . 95
Part 1.4 Performance based standards
19 Main purpose of this Part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
20 Notification to road authority of PBS design approval . . . . . . . . . 96
21 Notification by responsible Minister of non-application or restricted
Heavy Vehicle National Law (Queensland)

Contents

application of PBS design approval . . . . . . . . . . . . . . . . . . . . . . . 96

22 Application for PBS design approval . . . . . . . . . . . . . . . . . . . . . . 97
23 Application for PBS vehicle approval . . . . . . . . . . . . . . . . . . . . . 97
24 Exemption from stated vehicle standards . . . . . . . . . . . . . . . . . . 98
25 Authorisation of different mass or dimension requirement . . . . . 99
25A Keeping copy of PBS vehicle approval while driving . . . . . . . . . . 99
26 National regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
Chapter 1A Safety duties
Part 1A.1 Principles
26A Principle of shared responsibility . . . . . . . . . . . . . . . . . . . . . . . . . 100
26B Principles applying to duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
Part 1A.2 Nature of duty
26C Primary duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
26D Duty of executive of legal entity . . . . . . . . . . . . . . . . . . . . . . . . . . 103
26E Prohibited requests and contracts . . . . . . . . . . . . . . . . . . . . . . . . 104
Part 1A.3 Failing to comply with duty
26F Category 1 offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
26G Category 2 offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
26H Category 3 offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
Chapter 3 Vehicle operations—standards and safety
Part 3.1 Preliminary
58 Main purpose of Ch 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
Part 3.2 Compliance with heavy vehicle standards
Division 1 Requirements
59 Heavy vehicle standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
60 Compliance with heavy vehicle standards . . . . . . . . . . . . . . . . . 108
Division 2 Exemptions by Commonwealth Gazette notice
61 Regulator’s power to exempt category of heavy vehicles from
compliance with heavy vehicle standard . . . . . . . . . . . . . . . . . . . 110
62 Restriction on grant of vehicle standards exemption (notice) . . . 110
63 Conditions of vehicle standards exemption (notice) . . . . . . . . . . 111
64 Period for which vehicle standards exemption (notice) applies . . 112
65 Requirements about Commonwealth Gazette notice . . . . . . . . . 112
66 Amendment or cancellation of vehicle standards exemption (notice)
113
67 Immediate suspension on Regulator’s initiative . . . . . . . . . . . . . 114

Page 2
 Heavy Vehicle National Law (Queensland)

Contents

Division 3 Exemptions by permit

68 Regulator’s power to exempt particular heavy vehicle from compliance
with heavy vehicle standard . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
69 Application for vehicle standards exemption (permit) . . . . . . . . . 115
70 Restriction on grant of vehicle standards exemption (permit) . . . 115
71 Conditions of vehicle standards exemption (permit) . . . . . . . . . . 116
72 Period for which vehicle standards exemption (permit) applies . 116
73 Permit for vehicle standards exemption (permit) etc. . . . . . . . . . 117
74 Refusal of application for vehicle standards exemption (permit) . 117
75 Amendment or cancellation of vehicle standards exemption (permit) on
application by permit holder . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
76 Amendment or cancellation of vehicle standards exemption (permit) on
Regulator’s initiative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
77 Immediate suspension on Regulator’s initiative . . . . . . . . . . . . . 120
78 Minor amendment of vehicle standards exemption (permit) . . . . 121
79 Return of permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
80 Replacement of defaced etc. permit . . . . . . . . . . . . . . . . . . . . . . 122
Division 4 Operating under vehicle standards exemption
81 Contravening condition of vehicle standards exemption . . . . . . . 122
82 Keeping relevant document while driving under vehicle standards
exemption (notice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
83 Keeping copy of permit while driving under vehicle standards exemption
(permit) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
Part 3.3 Modifying heavy vehicles
84 Definition for Pt 3.3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
85 Modifying heavy vehicle requires approval . . . . . . . . . . . . . . . . . 126
86 Approval of modifications by approved vehicle examiners . . . . . 127
87 Approval of modification by Regulator . . . . . . . . . . . . . . . . . . . . . 128
87A Person must not tamper with plate or label . . . . . . . . . . . . . . . . . 129
88 National regulations for heavy vehicle modification . . . . . . . . . . 129
Part 3.4 Other offences
89 Safety requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
90 Requirement about properly operating emission control system 130
91 Person must not tamper with emission control system fitted to heavy
vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
92 Display of warning signs required by heavy vehicle standards on vehicles
to which the requirement does not apply . . . . . . . . . . . . . . . . . . . 132
93 Person must not tamper with speed limiter fitted to heavy vehicle 132

Page 3
Heavy Vehicle National Law (Queensland)

Contents

Chapter 4 Vehicle operations—mass, dimension and loading

Part 4.1 Preliminary
94 Main purposes of Ch 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
Part 4.2 Mass requirements
Division 1 Requirements
95 Prescribed mass requirements . . . . . . . . . . . . . . . . . . . . . . . . . . 135
96 Compliance with mass requirements . . . . . . . . . . . . . . . . . . . . . 137
Division 2 Categories of breaches of mass requirements
97 Definitions for Div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
98 Minor risk breach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
99 Substantial risk breach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
100 Severe risk breach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
Part 4.3 Dimension requirements
Division 1 Requirements
101 Prescribed dimension requirements . . . . . . . . . . . . . . . . . . . . . . 139
102 Compliance with dimension requirements . . . . . . . . . . . . . . . . . . 140
Division 2 Categories of breaches of dimension requirements
103 Application of Div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
104 Definitions for Div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
105 Minor risk breach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
106 Substantial risk breach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
107 Severe risk breach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
Division 3 Other provisions relating to load projections
108 Dangerous projections taken to be contravention of dimension
requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
109 Warning signals required for rear projection of loads . . . . . . . . . 145
Part 4.4 Loading requirements
Division 1 Requirements
110 National regulations may prescribe loading requirements . . . . . 146
111 Compliance with loading requirements . . . . . . . . . . . . . . . . . . . . 146
Division 2 Categories of breaches of loading requirements
112 Minor risk breach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
113 Substantial risk breach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
114 Severe risk breach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
Division 3 Evidentiary provision
115 Proof of contravention of loading requirement . . . . . . . . . . . . . . 148

Page 4
 Heavy Vehicle National Law (Queensland)

Contents

Part 4.5 Exemptions for particular overmass or oversize vehicles

Division 1 Preliminary
116 Class 1 heavy vehicles and class 3 heavy vehicles . . . . . . . . . . 149
Division 2 Exemptions by Commonwealth Gazette notice
117 Regulator’s power to exempt category of class 1 or 3 heavy vehicles from
compliance with mass or dimension requirement . . . . . . . . . . . . 150
118 Restriction on grant of mass or dimension exemption (notice) . . 151
119 Conditions of mass or dimension exemption (notice) . . . . . . . . . 151
119A Process for amending a stated map or stated list . . . . . . . . . . . . 154
120 Period for which mass or dimension exemption (notice) applies 155
121 Requirements about Commonwealth Gazette notice . . . . . . . . . 155
Division 3 Exemptions by permit
122 Regulator’s power to exempt particular class 1 or class 3 heavy vehicle
from compliance with mass or dimension requirement . . . . . . . . 156
123 Application for mass or dimension exemption (permit) . . . . . . . . 157
124 Restriction on grant of mass or dimension exemption (permit) . . 157
125 Conditions of mass or dimension exemption (permit) . . . . . . . . . 157
126 Period for which mass or dimension exemption (permit) applies 158
127 Permit for mass or dimension exemption (permit) etc. . . . . . . . . 158
128 Refusal of application for mass or dimension exemption (permit) 160
Division 4 Operating under mass or dimension exemption
129 Contravening condition of mass or dimension exemption generally 160
130 Contravening condition of mass or dimension exemption relating to pilot
or escort vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161
131 Using pilot vehicle with a heavy vehicle that contravenes certain
conditions of mass or dimension exemption . . . . . . . . . . . . . . . . 162
132 Keeping relevant document while driving under mass or dimension
exemption (notice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
133 Keeping copy of permit while driving under mass or dimension exemption
(permit) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
Division 5 Other provision
134 Displaying warning signs on vehicles if not required by dimension
exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165
Part 4.6 Restricting access to roads by large vehicles that are not overmass
or oversize vehicles
Division 1 Preliminary
135 Main purpose of Pt 4.6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
136 Class 2 heavy vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166

Page 5
Heavy Vehicle National Law (Queensland)

Contents

Division 2 Restriction
137 Using class 2 heavy vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167
Division 3 Authorisation by Commonwealth Gazette notice
138 Regulator’s power to authorise use of all or stated categories of class 2
heavy vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168
139 Restriction on grant of class 2 heavy vehicle authorisation (notice) 168
140 Conditions of class 2 heavy vehicle authorisation (notice) . . . . . 169
141 Period for which class 2 heavy vehicle authorisation (notice) applies
169
142 Requirements about Commonwealth Gazette notice etc. . . . . . . 170
142A Process for amending stated map or stated list . . . . . . . . . . . . . 172
Division 4 Authorisation by permit
143 Regulator’s power to authorise use of a particular class 2 heavy vehicle
173
144 Application for class 2 heavy vehicle authorisation (permit) . . . . 174
145 Restriction on grant of class 2 heavy vehicle authorisation (permit) 174
146 Conditions of class 2 heavy vehicle authorisation (permit) . . . . . 174
147 Period for which class 2 heavy vehicle authorisation (permit) applies
175
148 Permit for class 2 heavy vehicle authorisation (permit) etc. . . . . 175
149 Refusal of application for class 2 heavy vehicle authorisation (permit)
176
Division 5 Operating under class 2 heavy vehicle authorisation
150 Contravening condition of class 2 heavy vehicle authorisation . . 177
151 Keeping relevant document while driving under class 2 heavy vehicle
authorisation (notice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177
152 Keeping copy of permit while driving under class 2 heavy vehicle
authorisation (permit) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178
Part 4.6A Restricted access vehicles
153A Using restricted access vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . 179
Part 4.7 Particular provisions about mass or dimension authorities
Division 1 Preliminary
154 Definitions for Pt 4.7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181
Division 2 Obtaining consent of relevant road managers
155 Application of Div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182
156 Period within which road manager must decide . . . . . . . . . . . . . 182
156A Deciding request for consent generally . . . . . . . . . . . . . . . . . . . . 183
157 Obtaining third party’s approval for giving consent for permit . . . 184

Page 6
 Heavy Vehicle National Law (Queensland)

Contents

158 Action pending consultation with third party . . . . . . . . . . . . . . . . 185

159 Deciding request for consent if route assessment required . . . . 186
160 Imposition of road conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187
161 Imposition of travel conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . 188
162 Imposition of vehicle conditions . . . . . . . . . . . . . . . . . . . . . . . . . . 188
163 Obtaining consent of road authority if particular road manager refuses to
give consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189
166 Information notice for decision to refuse application because road
manager did not give consent . . . . . . . . . . . . . . . . . . . . . . . . . . . 190
167 Expedited procedure for road manager’s consent for renewal of mass or
dimension authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191
168 Operation of section 167 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193
169 Granting limited consent for trial purposes . . . . . . . . . . . . . . . . . 193
170 Renewal of limited consent for trial purposes . . . . . . . . . . . . . . . 193
171 Period for which mass or dimension authority applies where limited
consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
172 Requirements for statement explaining adverse decision of road
manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
Division 3 Amendment, cancellation or suspension of mass or dimension
authority granted by Commonwealth Gazette notice
173 Amendment or cancellation on Regulator’s initiative . . . . . . . . . . 195
174 Amendment or cancellation on request by relevant road manager 196
175 Immediate suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198
175A Minor amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198
Division 4 Amendment, cancellation or suspension of mass or dimension
authority granted by permit
176 Amendment or cancellation on application by permit holder . . . . 199
177 Amendment or cancellation on Regulator’s initiative . . . . . . . . . . 201
178 Amendment or cancellation on request by relevant road manager 202
179 Immediate suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204
180 Minor amendment of permit for a mass or dimension authority . 205
Division 5 Provisions about permits for mass or dimension authorities
181 Return of permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205
182 Replacement of defaced etc. permit . . . . . . . . . . . . . . . . . . . . . . 206
Part 4.9 Other offences
Division 1 Towing restriction
184 Towing restriction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206
Division 2 Coupling requirements

Page 7
Heavy Vehicle National Law (Queensland)

Contents

185 Requirements about coupling trailers . . . . . . . . . . . . . . . . . . . . . 206

Division 3 Transport documentation
186 False or misleading transport documentation for goods . . . . . . . 207
187 False or misleading information in container weight declaration . 209
Division 4 Other offences about container weight declarations
188 Application of Div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209
189 Meaning of complying container weight declaration . . . . . . . . . . 210
190 Duty of responsible entity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210
191 Duty of operator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210
192 Duty of driver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211
192A Form of information in container weight declaration . . . . . . . . . . 212
Division 5 Other offences
193 Weight of freight container exceeding weight stated on container or
safety approval plate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212
Part 4.10 Other provisions
195 Conflicting mass requirements . . . . . . . . . . . . . . . . . . . . . . . . . . 213
196 Conflicting dimension requirements . . . . . . . . . . . . . . . . . . . . . . 213
197 Exemption from compliance with particular requirements in emergency
214
198 Recovery of losses arising from non-provision of container weight
declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215
199 Recovery of losses for provision of inaccurate container weight
declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216
200 Recovery by responsible entity of amount paid under s 199 . . . . 217
201 Assessment of monetary value or attributable amount . . . . . . . . 218
Chapter 6 Vehicle operations—driver fatigue
Part 6.1 Preliminary
220 Main purpose of Ch 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218
221 Definitions for Ch 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 219
222 Categories of breaches . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226
Part 6.2 Duties relating to fatigue
Division 1 Preliminary
223 What is fatigue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226
224 Matters court may consider in deciding whether person was fatigued
227
225 What is impaired by fatigue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 227
226 Matters court may consider in deciding whether person was impaired by
fatigue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228

Page 8
 Heavy Vehicle National Law (Queensland)

Contents

Division 2 Duty to avoid fatigue

228 Duty of driver to avoid driving while fatigued . . . . . . . . . . . . . . . . 229
Part 6.3 Requirements relating to work time and rest time
Division 1 Preliminary
243 What is a driver’s work and rest hours option . . . . . . . . . . . . . . . 230
244 Counting time spent in participating jurisdictions . . . . . . . . . . . . 231
245 Counting time spent outside participating jurisdictions . . . . . . . . 231
246 Counting periods of less than 15 minutes—written work diaries . 231
246A Counting periods of less than 15 minutes—electronic work diaries 232
247 Time to be counted after rest time ends . . . . . . . . . . . . . . . . . . . 233
248 Time to be counted by reference to time zone of driver’s base . . 234
Division 2 Standard work and rest arrangements
249 Standard hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 234
250 Operating under standard hours—solo drivers . . . . . . . . . . . . . . 235
251 Operating under standard hours—two-up drivers . . . . . . . . . . . . 236
252 Defence relating to short rest breaks for drivers operating under standard
hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 236
Division 3 BFM work and rest arrangements
253 BFM hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 237
254 Operating under BFM hours—solo drivers . . . . . . . . . . . . . . . . . 238
255 Defence for solo drivers operating under BFM hours relating to split rest
breaks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 238
256 Operating under BFM hours—two-up drivers . . . . . . . . . . . . . . . 239
Division 4 AFM work and rest arrangements
257 AFM hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 239
258 Operating under AFM hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . 240
Division 5 Arrangements under work and rest hours exemption
259 Exemption hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 240
260 Operating under exemption hours . . . . . . . . . . . . . . . . . . . . . . . . 241
Division 7 Changing work and rest hours option
262 Changing work and rest hours option . . . . . . . . . . . . . . . . . . . . . 241
263 Operating under new work and rest hours option after change . 241
264 Duty of employer, prime contractor, operator and scheduler to ensure
driver compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 243
Division 8 Exemptions relating to work times and rest times
Subdivision 1 Exemption for emergency services
265 Emergency services exemption . . . . . . . . . . . . . . . . . . . . . . . . . 244

Page 9
Heavy Vehicle National Law (Queensland)

Contents

Subdivision 2 Exemptions by Commonwealth Gazette notice

266 Regulator’s power to exempt class of drivers from particular maximum
work requirements and minimum rest requirements . . . . . . . . . . 245
267 Restriction on grant of work and rest hours exemption (notice) . 245
268 Conditions of work and rest hours exemption (notice) . . . . . . . . 247
269 Period for which work and rest hours exemption (notice) applies 247
270 Requirements about Commonwealth Gazette notice . . . . . . . . . 247
271 Amendment or cancellation of work and rest hours exemption (notice)
248
272 Immediate suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 249
Subdivision 3 Exemptions by permit
273 Regulator’s power to exempt drivers from particular maximum work
requirements and minimum rest requirements . . . . . . . . . . . . . . 250
274 Application for work and rest hours exemption (permit) . . . . . . . 251
275 Restriction on grant of work and rest hours exemption (permit) . 252
276 Conditions of work and rest hours exemption (permit) . . . . . . . . 253
277 Period for which work and rest hours exemption (permit) applies 253
278 Permit for work and rest hours exemption (permit) etc. . . . . . . . 254
279 Refusal of application for work and rest hours exemption (permit) 255
280 Amendment or cancellation of work and rest hours exemption (permit) on
application by permit holder . . . . . . . . . . . . . . . . . . . . . . . . . . . . 255
281 Amendment or cancellation of work and rest hours exemption (permit) on
Regulator’s initiative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256
282 Immediate suspension of work and rest hours exemption (permit) 257
283 Minor amendment of work and rest hours exemption (permit) . . 258
284 Return of permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 258
285 Replacement of defaced etc. permit . . . . . . . . . . . . . . . . . . . . . . 259
Subdivision 4 Offences relating to operating under work and rest hours
exemption etc.
286 Contravening condition of work and rest hours exemption . . . . . 259
287 Keeping relevant document while operating under work and rest hours
exemption (notice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260
288 Keeping copy of permit while driving under work and rest hours
exemption (permit) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
Part 6.4 Requirements about record keeping
Division 1 Preliminary
289 What is 100km work and 100+km work . . . . . . . . . . . . . . . . . . . . 262
290 What is a driver’s record location . . . . . . . . . . . . . . . . . . . . . . . . 262

Page 10
 Heavy Vehicle National Law (Queensland)

Contents

Division 2 Work diary requirements

Subdivision 1 Requirement to carry work diary
291 Application of Sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
292 Meaning of work diary for Sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . 263
293 Driver of fatigue-regulated heavy vehicle must carry work diary . 264
Subdivision 2 Information required to be included in work diary
294 Purpose of and definition for Sdiv 2 . . . . . . . . . . . . . . . . . . . . . . 265
295 National regulations for information to be included in work diary 266
296 Recording information under the national regulations—general . 267
297 Information required to be recorded immediately after starting work 267
298 Failing to record information about odometer reading . . . . . . . . . 267
299 Two-up driver to provide details . . . . . . . . . . . . . . . . . . . . . . . . . 268
Subdivision 3 How information must be recorded in work diary
300 Purpose of Sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 268
301 Recording information in written work diary . . . . . . . . . . . . . . . . 268
302 Recording information in electronic work diary . . . . . . . . . . . . . . 269
303 Time zone of driver’s base must be used . . . . . . . . . . . . . . . . . . 270
Subdivision 4 Requirements about work diaries that are filled up etc.
304 Application of Sdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 270
305 Driver must make supplementary records in particular circumstances
271
306 Driver must notify Regulator if written work diary filled up etc. . . 273
307 Driver who is record keeper must notify Regulator if electronic work diary
filled up etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 273
308 What driver must do if lost or stolen written work diary found or returned
274
309 Driver must notify record keeper if electronic work diary filled up etc.
274
310 Intelligent access program reporting entity must notify record keeper if
approved electronic recording system malfunctioning . . . . . . . . 275
311 What record keeper must do if electronic work diary filled up . . . 276
312 What record keeper must do if electronic work diary destroyed, lost or
stolen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 277
313 What record keeper must do if electronic work diary not in working order
or malfunctioning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 278
Subdivision 5 Use of electronic work diaries
314 How electronic work diary must be used . . . . . . . . . . . . . . . . . . . 280
Subdivision 6 Extended liability

Page 11
Heavy Vehicle National Law (Queensland)

Contents

315 Ensuring driver complies with Sdivs 1–4 . . . . . . . . . . . . . . . . . . . 281

Division 3 Records relating to drivers
Subdivision 1 Preliminary
316 Application of Div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 282
317 Who is a driver’s record keeper . . . . . . . . . . . . . . . . . . . . . . . . . . 282
Subdivision 2 Record keeping obligations relating to drivers undertaking 100km
work under standard hours
318 Application of Sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 283
319 Records record keeper must have . . . . . . . . . . . . . . . . . . . . . . . 283
319A General requirements about driver recording and giving information to
record keeper . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 285
Subdivision 3 Record keeping obligations relating to drivers undertaking 100+km
work under standard hours or operating under BFM hours, AFM
hours or exemption hours
320 Application of Sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 286
321 Records record keeper must have . . . . . . . . . . . . . . . . . . . . . . . 286
322 General requirements about driver giving information to record keeper
289
323 Requirements about driver giving information to record keeper if driver
changes record keeper . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 289
324 Record keeper must give information from electronic work diary 290
324A Record keeper must give record to driver if requested . . . . . . . . 291
Division 4 Provisions about false representations relating to work records
325 False or misleading entries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 292
326 When possessing, or recording information in, more than 1 work diary
relating to the same period is prohibited . . . . . . . . . . . . . . . . . . . 292
327 Possession of purported work records etc. prohibited . . . . . . . . 293
328 False representation about work records prohibited . . . . . . . . . . 293
Division 5 Interfering with work records
Subdivision 1 Work records generally
329 Defacing or changing work records etc. prohibited . . . . . . . . . . . 294
330 Making entries in someone else’s work records prohibited . . . . . 294
331 Destruction of particular work records prohibited . . . . . . . . . . . . 295
332 Offence to remove pages from written work diary . . . . . . . . . . . . 295
Subdivision 2 Approved electronic recording systems
333 Application of Sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 295
334 Meaning of tamper . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 296
335 Person must not tamper with approved electronic recording system 296

Page 12
 Heavy Vehicle National Law (Queensland)

Contents

336 Person using approved electronic recording system must not permit
tampering with it . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 297
336A Reporting tampering or suspected tampering with electronic work diary
297
337 Intelligent access program reporting entity must not permit tampering
with approved electronic recording system . . . . . . . . . . . . . . . . . 298
Division 6 Obtaining written work diary
338 Form of written work diary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 298
339 Application for written work diary . . . . . . . . . . . . . . . . . . . . . . . . . 299
340 Issue of written work diary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300
Division 6A Requirements about records record keeper must make or keep
341 Period for which, and way in which, records must be kept . . . . . 300
Division 7 Approval of electronic recording systems
Subdivision 1 Approval of electronic recording systems
342 Application for approval of electronic recording system . . . . . . . 303
343 Deciding application for approval . . . . . . . . . . . . . . . . . . . . . . . . 303
344 Steps after decision to grant approval . . . . . . . . . . . . . . . . . . . . . 305
345 Steps after decision to refuse application . . . . . . . . . . . . . . . . . . 306
346 Effect of approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 306
Subdivision 2 Using unapproved electronic recording system
347 Prohibition on using electronic work diary if it is not, and is not a part of,
an approved electronic recording system . . . . . . . . . . . . . . . . . . 306
Subdivision 3 Amendment or cancellation of approval
351 Amendment or cancellation of approval on application . . . . . . . . 307
352 Amendment or cancellation of approval on Regulator’s initiative 308
353 Minor amendment of approval . . . . . . . . . . . . . . . . . . . . . . . . . . . 309
354 Requirements if approval amended . . . . . . . . . . . . . . . . . . . . . . 310
355 Requirements if approval cancelled . . . . . . . . . . . . . . . . . . . . . . 311
Division 8 Exemptions from work diary requirements of Division 2
Subdivision 1 Exemption for emergency services
356 Emergency services exemption . . . . . . . . . . . . . . . . . . . . . . . . . 313
Subdivision 2 Exemptions by Commonwealth Gazette notice
357 Regulator’s power to exempt particular drivers from work diary
requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 314
358 Restriction on grant of work diary exemption (notice) . . . . . . . . . 315
359 Conditions of work diary exemption (notice) . . . . . . . . . . . . . . . . 315
360 Period for which work diary exemption (notice) applies . . . . . . . 316

Page 13
Heavy Vehicle National Law (Queensland)

Contents

361 Requirements about Commonwealth Gazette notice . . . . . . . . . 316

362 Amendment or cancellation of work diary exemption (notice) . . . 316
Subdivision 3 Exemptions by permit
363 Regulator’s power to exempt driver of fatigue-regulated heavy vehicle
from work diary requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . 318
364 Application for work diary exemption (permit) . . . . . . . . . . . . . . . 318
365 Restriction on grant of work diary exemption (permit) . . . . . . . . . 319
366 Conditions of work diary exemption (permit) . . . . . . . . . . . . . . . . 320
367 Period for which work diary exemption (permit) applies . . . . . . . 320
368 Permit for work diary exemption (permit) etc. . . . . . . . . . . . . . . . 320
369 Refusal of application for work diary exemption (permit) . . . . . . 321
370 Amendment or cancellation of work diary exemption (permit) on
application by permit holder . . . . . . . . . . . . . . . . . . . . . . . . . . . . 321
371 Amendment or cancellation of work diary exemption (permit) on
Regulator’s initiative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 322
372 Minor amendment of work diary exemption (permit) . . . . . . . . . . 324
373 Return of permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 324
374 Replacement of defaced etc. permit . . . . . . . . . . . . . . . . . . . . . . 325
Subdivision 4 Operating under work diary exemption
375 Contravening condition of work diary exemption . . . . . . . . . . . . . 325
376 Keeping relevant document while operating under work diary exemption
(notice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 325
377 Keeping permit or copy while operating under work diary exemption
(permit) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 326
Division 8A Exemptions from fatigue record keeping requirements of Division 3
Subdivision 1 Exemptions by Commonwealth Gazette notice
378 Regulator’s power to exempt record keepers from fatigue record keeping
requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 327
379 Conditions of fatigue record keeping exemption (notice) . . . . . . 327
380 Period for which fatigue record keeping exemption (notice) applies 328
381 Requirements about Commonwealth Gazette notice . . . . . . . . . 328
382 Amendment or cancellation of fatigue record keeping exemption (notice)
329
Subdivision 2 Exemptions by permit
383 Regulator’s power to exempt record keepers from fatigue record keeping
requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 330
384 Application for fatigue record keeping exemption (permit) . . . . . 331
385 Conditions of fatigue record keeping exemption (permit) . . . . . . 332

Page 14
 Heavy Vehicle National Law (Queensland)

Contents

386 Period for which fatigue record keeping exemption (permit) applies 332
387 Permit for fatigue record keeping exemption (permit) etc. . . . . . 332
388 Refusal of application for fatigue record keeping exemption (permit)
333
389 Amendment or cancellation of fatigue record keeping exemption (permit)
on application by permit holder . . . . . . . . . . . . . . . . . . . . . . . . . . 333
390 Amendment or cancellation of fatigue record keeping exemption (permit)
on Regulator’s initiative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 334
391 Minor amendment of fatigue record keeping exemption (permit) 336
392 Return of permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 336
393 Replacement of defaced etc. permit . . . . . . . . . . . . . . . . . . . . . . 337
Subdivision 3 Exemptions by national regulations
394 Exemptions from provisions of Division 3 . . . . . . . . . . . . . . . . . . 337
Subdivision 4 Other provisions
395 Contravening condition of fatigue record keeping exemption . . . 338
Division 9 Requirements about odometers
396 Owner must maintain odometer . . . . . . . . . . . . . . . . . . . . . . . . . 338
397 Driver must report malfunctioning odometer . . . . . . . . . . . . . . . . 338
398 What owner must do if odometer malfunctioning . . . . . . . . . . . . 339
399 What employer or operator must do if odometer malfunctioning . 339
Chapter 7 Intelligent Access Program
Part 7.1 Preliminary
400 Main purposes of Ch 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 340
401 What the Intelligent Access Program is . . . . . . . . . . . . . . . . . . . . 341
402 Application of Ch 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 341
403 Definitions for Ch 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 342
Part 7.2 Duties and obligations of operators of intelligent access program
vehicles
404 Offence to give false or misleading information to intelligent access
program service provider . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 345
405 Advising vehicle driver of collection of information by intelligent access
program service provider . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 347
406 Reporting system malfunctions to Regulator . . . . . . . . . . . . . . . . 348
407 Advising driver of driver’s obligations about reporting system
malfunctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 349
Part 7.3 Obligations of drivers of intelligent access program vehicles
408 Reporting system malfunctions to operator . . . . . . . . . . . . . . . . . 350
Part 7.4 Powers, duties and obligations of intelligent access program

Page 15
Heavy Vehicle National Law (Queensland)

Contents

service providers
409 Powers to collect and hold intelligent access program information 351
410 Collecting intelligent access program information . . . . . . . . . . . . 351
411 Keeping records of intelligent access program information collected 352
412 Protecting intelligent access program information . . . . . . . . . . . . 352
413 Making individuals aware of personal information held . . . . . . . . 352
414 Giving individuals access to their personal information . . . . . . . . 353
415 Correcting errors etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 354
416 General restriction on use and disclosure of intelligent access program
information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 355
417 Giving intelligent access program auditor access to records . . . 355
418 Powers to use and disclose intelligent access program information 355
419 Keeping record of use or disclosure of intelligent access program
information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 357
420 Keeping noncompliance report etc. . . . . . . . . . . . . . . . . . . . . . . . 358
421 Destroying intelligent access program information etc. . . . . . . . . 358
422 Reporting relevant contraventions to Regulator . . . . . . . . . . . . . 359
423 Reporting tampering or suspected tampering with approved intelligent
transport system . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 359
424 Restriction on disclosing information about tampering or suspected
tampering with approved intelligent transport system . . . . . . . . . 360
Part 7.5 Functions, powers, duties and obligations of TCA
425 Functions of TCA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 361
426 Powers to collect and hold intelligent access program information 362
427 Collecting intelligent access program information . . . . . . . . . . . . 362
428 Protecting intelligent access program information collected . . . . 363
429 Making individuals aware of personal information held . . . . . . . . 363
430 Giving individuals access to their personal information . . . . . . . . 364
431 Correcting errors etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 364
432 General restriction on use and disclosure of intelligent access program
information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 365
433 Powers to use and disclose intelligent access program information 365
434 Restriction about intelligent access program information that may be
used or disclosed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 366
435 Keeping record of use or disclosure of intelligent access program
information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 366
436 Keeping noncompliance reports . . . . . . . . . . . . . . . . . . . . . . . . . 367
437 Destroying intelligent access program information or removing personal

Page 16
 Heavy Vehicle National Law (Queensland)

Contents

information from it . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 367

438 Reporting tampering or suspected tampering with, or malfunction or
suspected malfunction of, approved intelligent transport system to
Regulator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 368
439 Restriction on disclosing information about tampering or suspected
tampering with approved intelligent transport system . . . . . . . . . 368
Part 7.6 Powers, duties and obligations of intelligent access program
auditors
440 Powers to collect and hold intelligent access program information 370
441 Collecting intelligent access program information . . . . . . . . . . . . 370
442 Protecting intelligent access program information collected . . . . 370
443 Making individuals aware of personal information held . . . . . . . . 371
444 Giving individuals access to their personal information . . . . . . . . 371
445 Correcting errors etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 372
446 General restriction on use and disclosure of intelligent access program
information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 372
447 Powers to use and disclose intelligent access program information 373
448 Restriction about intelligent access program information that may be
used or disclosed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 374
449 Keeping record of use or disclosure of intelligent access program
information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 374
450 Destroying intelligent access program information or removing personal
information from it . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 375
451 Reporting contraventions by intelligent access program service providers
to TCA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 375
452 Reporting tampering or suspected tampering with approved intelligent
transport system to Regulator or TCA . . . . . . . . . . . . . . . . . . . . . 376
453 Restriction on disclosing information about tampering or suspected
tampering with approved intelligent transport system . . . . . . . . . 376
Part 7.7 Other provisions
454 Offence to tamper with approved intelligent transport system . . 377
455 Regulator may issue intelligent access program identifiers . . . . 378
Chapter 8 Accreditation
Part 8.1 Preliminary
456 Purpose of Ch 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 378
457 Definitions for Ch 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 379
Part 8.2 Grant of heavy vehicle accreditation
458 Regulator’s power to grant heavy vehicle accreditation . . . . . . . 383
459 Application for heavy vehicle accreditation . . . . . . . . . . . . . . . . . 383

Page 17
Heavy Vehicle National Law (Queensland)

Contents

460 Obtaining criminal history information about applicant . . . . . . . . 384

461 Restriction on grant of heavy vehicle accreditation . . . . . . . . . . . 385
462 Conditions of heavy vehicle accreditation . . . . . . . . . . . . . . . . . . 387
463 Period for which heavy vehicle accreditation applies . . . . . . . . . 388
464 Accreditation certificate for heavy vehicle accreditation etc. . . . . 388
465 Refusal of application for heavy vehicle accreditation . . . . . . . . . 389
466 Accreditation labels for maintenance management accreditation and
mass management accreditation . . . . . . . . . . . . . . . . . . . . . . . . 389
Part 8.3 Operating under heavy vehicle accreditation
467 Compliance with conditions of BFM accreditation or AFM accreditation
390
468 Driver operating under BFM accreditation or AFM accreditation must
carry accreditation details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 391
469 Driver must return particular documents if stops operating under BFM
accreditation or AFM accreditation etc. . . . . . . . . . . . . . . . . . . . . 392
470 General requirements applying to operator with heavy vehicle
accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 392
471 Operator must give notice of amendment, suspension or ending of heavy
vehicle accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 394
Part 8.4 Amendment or cancellation of heavy vehicle accreditation
472 Amendment or cancellation of heavy vehicle accreditation on application
395
473 Amendment, suspension or cancellation of heavy vehicle accreditation
on Regulator’s initiative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 396
474 Immediate suspension of heavy vehicle accreditation . . . . . . . . 399
475 Minor amendment of heavy vehicle accreditation . . . . . . . . . . . . 399
Part 8.5 Other provisions about heavy vehicle accreditations
476 Return of accreditation certificate . . . . . . . . . . . . . . . . . . . . . . . . 400
477 Replacement of defaced etc. accreditation certificate . . . . . . . . . 400
478 Offences relating to auditors . . . . . . . . . . . . . . . . . . . . . . . . . . . . 401
Chapter 9 Enforcement
Part 9.1 General matters about authorised officers
Division 1 Functions
479 Functions of authorised officers . . . . . . . . . . . . . . . . . . . . . . . . . 402
Division 2 Appointment
480 Application of Div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 402
481 Appointment and qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . 402
482 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . 403

Page 18
 Heavy Vehicle National Law (Queensland)

Contents

483 When office ends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 403

484 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 404
Division 3 Identity cards
485 Application of Div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 404
486 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 404
487 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . 405
488 Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 405
Division 4 Miscellaneous provisions
489 References to exercise of powers . . . . . . . . . . . . . . . . . . . . . . . . 406
490 Reference to document includes reference to reproduction from
electronic document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 406
491 Use of force against persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . 406
492 Use of force against property . . . . . . . . . . . . . . . . . . . . . . . . . . . 407
493 Exercise of functions in relation to light vehicles . . . . . . . . . . . . . 408
Part 9.2 Powers in relation to places
Division 1 Preliminary
494 Definitions for Pt 9.2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 408
Division 1A Entry of relevant places for advice purposes
494A Non-application to police officers . . . . . . . . . . . . . . . . . . . . . . . . 409
494B Power to enter relevant place . . . . . . . . . . . . . . . . . . . . . . . . . . . 409
494C Power after entering relevant place . . . . . . . . . . . . . . . . . . . . . . . 410
Division 2 Entry of relevant places for monitoring purposes
495 Power to enter relevant place . . . . . . . . . . . . . . . . . . . . . . . . . . . 410
496 General powers after entering relevant place . . . . . . . . . . . . . . . 411
Division 3 Entry of places for investigation purposes
497 General power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . . 413
498 Power to enter a place if evidence suspected to be at the place 414
499 Power to enter particular places if incident involving death, injury or
damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 415
500 General powers after entering a place . . . . . . . . . . . . . . . . . . . . 417
Division 4 Procedure for entry by consent
501 Application of Div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 420
502 Incidental entry to ask for access . . . . . . . . . . . . . . . . . . . . . . . . 420
503 Matters authorised officer must tell occupier . . . . . . . . . . . . . . . . 421
504 Consent acknowledgement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 421
505 Procedure for entry with consent . . . . . . . . . . . . . . . . . . . . . . . . . 423

Page 19
Heavy Vehicle National Law (Queensland)

Contents

Division 5 Entry under warrant

506 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 423
507 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 424
508 Application by electronic communication and duplicate warrant . 424
509 Defect in relation to a warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . 426
510 Procedure for entry under warrant . . . . . . . . . . . . . . . . . . . . . . . 427
Part 9.3 Powers in relation to heavy vehicles
Division 1 Preliminary
511 Application of Pt 9.3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 428
512 Persons who are drivers for this Part . . . . . . . . . . . . . . . . . . . . . 428
Division 2 Stopping, not moving or not interfering with heavy vehicle etc.
513 Direction to stop heavy vehicle to enable exercise of other powers 428
514 Direction not to move or interfere with heavy vehicle etc. to enable
exercise of other powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 430
Division 3 Moving heavy vehicle
515 Definition for Div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 430
516 Direction to move heavy vehicle to enable exercise of other powers 431
517 Direction to move heavy vehicle if causing harm etc. . . . . . . . . . 432
518 Moving unattended heavy vehicle on road to exercise another power
433
519 Moving unattended heavy vehicle on road if causing harm etc. . 434
Division 4 Inspecting and searching heavy vehicles
520 Power to enter and inspect heavy vehicles for monitoring purposes 435
521 Power to enter and search heavy vehicle involved, or suspected to be
involved, in an offence etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 437
522 Power to order presentation of heavy vehicles for inspection . . . 439
Division 5 Other powers in relation to all heavy vehicles
523 Starting or stopping heavy vehicle engine . . . . . . . . . . . . . . . . . . 441
524 Direction to leave heavy vehicle . . . . . . . . . . . . . . . . . . . . . . . . . 442
Division 6 Further powers in relation to heavy vehicles concerning heavy
vehicle standards
525 Definitions for Div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 443
526 Issue of vehicle defect notice . . . . . . . . . . . . . . . . . . . . . . . . . . . 445
527 Requirements about vehicle defect notice . . . . . . . . . . . . . . . . . 446
528 Defective vehicle labels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 448
528A Information not included in notice or label . . . . . . . . . . . . . . . . . . 448
529 Using heavy vehicles contrary to vehicle defect notice . . . . . . . . 448

Page 20
 Heavy Vehicle National Law (Queensland)

Contents

529AA Permission to use vehicle the subject of a self-clearing defect notice

449
529A Permission to use vehicle the subject of a major or minor defect notice
449
529B Permitted use of vehicle the subject of a major or minor defect notice
without permission of authorised officer . . . . . . . . . . . . . . . . . . . 450
530 Clearance of major or minor defect notices . . . . . . . . . . . . . . . . . 451
531 Amendment or withdrawal of vehicle defect notices . . . . . . . . . . 451
Division 7 Further powers in relation to heavy vehicles concerning mass,
dimension or loading requirements
532 Application of Div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 452
533 Powers for minor risk breach of mass, dimension or loading requirement
453
534 Powers for substantial risk breach of mass, dimension or loading
requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 454
535 Powers for severe risk breach of mass, dimension or loading requirement
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 456
536 Operation of direction in relation to a combination . . . . . . . . . . . 457
Division 8 Further powers in relation to fatigue-regulated heavy vehicles
537 Application of Div 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 458
538 Requiring driver to rest for contravention of maximum work requirement
458
539 Requiring driver to rest for contravention of minimum rest requirement
459
540 Requiring driver to stop working if impaired by fatigue . . . . . . . . 460
541 Requiring driver to stop working if work diary not produced or unreliable
461
542 Compliance with requirement under this Division . . . . . . . . . . . . 462
Part 9.4 Other powers
Division 1 Powers relating to equipment
543 Power to use equipment to access information . . . . . . . . . . . . . . 463
544 Power to use equipment to examine or process a thing . . . . . . . 463
Division 2 Seizure and embargo notices
Subdivision 1 Power to seize
545 Seizing evidence at a place that may be entered without consent or
warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 464
546 Seizing evidence at a place that may be entered only with consent or
warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 465
547 Seizing evidence in a heavy vehicle entered under s 521 . . . . . 465
548 Additional seizure power relating to information stored electronically

Page 21
Heavy Vehicle National Law (Queensland)

Contents

466
549 Seizing thing or sample taken for examination under s 500 . . . . 466
550 Seizure of property subject to security . . . . . . . . . . . . . . . . . . . . 467
551 Seizure of number plates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 467
552 Restriction on power to seize certain things . . . . . . . . . . . . . . . . 468
Subdivision 2 Powers to support seizure
553 Requirement of person in control of thing to be seized . . . . . . . . 469
Subdivision 3 Safeguards for seized things or samples
554 Receipt for seized thing or sample . . . . . . . . . . . . . . . . . . . . . . . 469
555 Access to seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 470
556 Return of seized things or samples . . . . . . . . . . . . . . . . . . . . . . . 471
Subdivision 4 Embargo notices
557 Power to issue embargo notice . . . . . . . . . . . . . . . . . . . . . . . . . . 472
558 Noncompliance with embargo notice . . . . . . . . . . . . . . . . . . . . . 474
559 Power to secure embargoed thing . . . . . . . . . . . . . . . . . . . . . . . 474
560 Withdrawal of embargo notice . . . . . . . . . . . . . . . . . . . . . . . . . . . 476
Division 3 Forfeiture and transfers
561 Power to forfeit particular things or samples . . . . . . . . . . . . . . . . 477
562 Information notice for forfeiture decision . . . . . . . . . . . . . . . . . . . 478
563 Forfeited or transferred thing or sample becomes property of the
Regulator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 478
564 How property may be dealt with . . . . . . . . . . . . . . . . . . . . . . . . . 479
565 Third party protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 479
566 National regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 481
Division 4 Information-gathering powers
567 Power to require name, address and date of birth . . . . . . . . . . . 482
568 Power to require production of document etc. required to be in driver’s
possession . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 484
569 Power to require production of documents etc. generally . . . . . . 486
570 Power to require information about heavy vehicles . . . . . . . . . . . 489
570A Requiring information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 492
Division 5 Improvement notices
571 Authorised officers to whom Division applies . . . . . . . . . . . . . . . 494
572 Improvement notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 494
573 Contravention of improvement notice . . . . . . . . . . . . . . . . . . . . . 495
574 Amendment of improvement notice . . . . . . . . . . . . . . . . . . . . . . . 496

Page 22
 Heavy Vehicle National Law (Queensland)

Contents

575 Revocation of an improvement notice . . . . . . . . . . . . . . . . . . . . . 497

576 Clearance certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 497
Division 5A Prohibition notice
576A Power to issue prohibition notice . . . . . . . . . . . . . . . . . . . . . . . . . 498
576B Contents of prohibition notice . . . . . . . . . . . . . . . . . . . . . . . . . . . 498
576C Compliance with prohibition notice . . . . . . . . . . . . . . . . . . . . . . . 499
Division 5B Injunctions
576D Application of Div 5B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 499
576E Injunction for noncompliance with notice . . . . . . . . . . . . . . . . . . . 500
Division 6 Power to require reasonable help
577 Power to require reasonable help . . . . . . . . . . . . . . . . . . . . . . . . 500
Part 9.5 Provisions about exercise of powers
Division 1 Damage in exercising powers
578 Duty to minimise inconvenience or damage . . . . . . . . . . . . . . . . 503
579 Restoring damaged thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 503
580 Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 504
Division 2 Compensation
581 Compensation because of exercise of powers . . . . . . . . . . . . . . 505
Division 3 Provision about exercise of particular powers
582 Duty to record particular information in driver’s work diary . . . . . 506
Part 9.6 Miscellaneous provisions
Division 1 Powers of Regulator
583 Regulator may exercise powers of authorised officers . . . . . . . . 507
Division 2 Other offences relating to authorised officers
584 Obstructing authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . . . 507
585 Impersonating authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . 508
Division 3 Other provisions
586 Multiple requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 508
587 Compliance with particular requirements . . . . . . . . . . . . . . . . . . 509
588 Evidential immunity for individuals complying with particular
requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 509
589 Effect of withdrawal of consent to enter under this Chapter . . . . 509
Chapter 10 Sanctions and provisions about liability for offences
Part 10.1 Formal warnings
590 Formal warning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 510
Part 10.1A Enforceable undertakings

Page 23
Heavy Vehicle National Law (Queensland)

Contents

590A Accepting undertaking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 511

590B Effect of undertaking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 513
590C Withdrawing or changing undertaking . . . . . . . . . . . . . . . . . . . . . 513
590D Contravening undertaking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 514
Part 10.2 Infringement notices
591 Infringement notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 514
592 Recording information about infringement penalties . . . . . . . . . . 515
Part 10.3 Court sanctions
Division 1 General provisions
593 Penalties court may impose . . . . . . . . . . . . . . . . . . . . . . . . . . . . 516
594 Matters court must consider when imposing sanction for noncompliance
with mass, dimension or loading requirement . . . . . . . . . . . . . . . 516
595 Court may treat noncompliance with mass, dimension or loading
requirement as a different risk category . . . . . . . . . . . . . . . . . . . 517
Division 2 Provisions about imposing fines
596 Body corporate fines under penalty provision . . . . . . . . . . . . . . . 518
Division 2A Injunctions
596A Injunctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 518
Division 3 Commercial benefits penalty orders
597 Commercial benefits penalty order . . . . . . . . . . . . . . . . . . . . . . . 519
Division 4 Cancelling or suspending registration
598 Power to cancel or suspend vehicle registration . . . . . . . . . . . . . 520
Division 5 Supervisory intervention orders
599 Application of Div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 520
600 Court may make supervisory intervention order . . . . . . . . . . . . . 521
601 Limitation on making supervisory intervention order . . . . . . . . . . 522
602 Supervisory intervention order may suspend other sanctions . . . 523
603 Amendment or revocation of supervisory intervention order . . . . 523
604 Contravention of supervisory intervention order . . . . . . . . . . . . . 523
605 Effect of supervisory intervention order if prohibition order applies to
same person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 524
Division 6 Prohibition orders
606 Application of Div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 524
607 Court may make prohibition order . . . . . . . . . . . . . . . . . . . . . . . . 524
608 Limitation on making prohibition order . . . . . . . . . . . . . . . . . . . . 525
609 Amendment or revocation of prohibition order . . . . . . . . . . . . . . 525
610 Contravention of prohibition order . . . . . . . . . . . . . . . . . . . . . . . . 525

Page 24
 Heavy Vehicle National Law (Queensland)

Contents

Division 7 Compensation orders

611 Court may make compensation order . . . . . . . . . . . . . . . . . . . . . 526
612 Assessment of compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . 526
613 Use of certificates in assessing compensation . . . . . . . . . . . . . . 527
614 Limits on amount of compensation . . . . . . . . . . . . . . . . . . . . . . . 528
615 Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 529
616 Enforcement of compensation order and costs . . . . . . . . . . . . . . 529
617 Relationship with orders or awards of other courts and tribunals 529
Part 10.4 Provisions about liability
Division 3 Defences
626 Definition for Div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 530
627 Defence for owner or operator of vehicle if offence committed while
vehicle used by unauthorised person . . . . . . . . . . . . . . . . . . . . . 531
628 Defence for driver of vehicle subject to a deficiency . . . . . . . . . . 532
629 Defence of compliance with direction . . . . . . . . . . . . . . . . . . . . . 532
630 Sudden or extraordinary emergency . . . . . . . . . . . . . . . . . . . . . . 532
631 Lawful authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 533
Division 4 Other provisions about liability
632 Deciding whether person ought reasonably to have known something
533
632A Using code of practice in proceeding . . . . . . . . . . . . . . . . . . . . . 533
633 Multiple offenders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 534
634 Multiple offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 535
635 Responsibility for acts or omissions of representative . . . . . . . . 536
636 Liability of executive officers of corporation . . . . . . . . . . . . . . . . . 537
637 Treatment of unincorporated partnerships . . . . . . . . . . . . . . . . . 537
638 Treatment of other unincorporated bodies . . . . . . . . . . . . . . . . . 538
639 Liability of registered operator . . . . . . . . . . . . . . . . . . . . . . . . . . . 539
Chapter 11 Reviews and appeals
Part 11.1 Preliminary
640 Definitions for Ch 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 541
Part 11.2 Internal review
641 Applying for internal review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 543
642 Stay of reviewable decisions made by Regulator or authorised officer
546
643 Referral of applications for review of decisions made by road managers
547

Page 25
Heavy Vehicle National Law (Queensland)

Contents

644 Internal review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 547

645 Review decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 547
646 Notice of review decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 548
Part 11.3 Appeals
647 Appellable decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 550
648 Stay of review decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 550
649 Powers of relevant appeal body on appeal . . . . . . . . . . . . . . . . . 551
650 Effect of decision of relevant appeal body on appeal . . . . . . . . . 552
Chapter 12 Administration
Part 12.1 Responsible Ministers
651 Policy directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 552
652 Referral of matters etc. by responsible Minister . . . . . . . . . . . . . 553
653 Approved guidelines for exemptions, authorisations, permits and other
authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 554
654 Other approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 555
655 How responsible Ministers exercise functions . . . . . . . . . . . . . . . 555
655A Delegation by responsible Ministers . . . . . . . . . . . . . . . . . . . . . . 556
Part 12.2 National Heavy Vehicle Regulator
Division 1 Establishment, functions and powers
656 Establishment of National Heavy Vehicle Regulator . . . . . . . . . . 557
657 Status of Regulator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 558
658 General powers of Regulator . . . . . . . . . . . . . . . . . . . . . . . . . . . 558
659 Functions of Regulator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 558
660 Cooperation with participating jurisdictions and Commonwealth 560
661 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 561
Division 2 Governing board of Regulator
Subdivision 1 Establishment and functions
662 Establishment of National Heavy Vehicle Regulator Board . . . . 562
663 Membership of Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 562
664 Functions of Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 563
Subdivision 2 Members
665 Terms of office of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 564
666 Remuneration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 564
667 Vacancy in office of member . . . . . . . . . . . . . . . . . . . . . . . . . . . . 564
668 Board member to give responsible Ministers notice of certain events
565

Page 26
 Heavy Vehicle National Law (Queensland)

Contents

669 Extension of term of office during vacancy in membership . . . . . 565

670 Members to act in public interest . . . . . . . . . . . . . . . . . . . . . . . . . 566
671 Disclosure of conflict of interest . . . . . . . . . . . . . . . . . . . . . . . . . . 566
Subdivision 3 Meetings
672 General procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 567
673 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 568
674 Chief executive officer may attend meetings . . . . . . . . . . . . . . . . 568
675 Presiding member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 568
676 Voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 569
677 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 569
678 First meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 569
679 Defects in appointment of members . . . . . . . . . . . . . . . . . . . . . . 569
Subdivision 4 Committees
680 Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 569
Division 3 Chief executive officer
681 Chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 570
682 Functions of chief executive officer . . . . . . . . . . . . . . . . . . . . . . . 570
683 Delegation by chief executive officer . . . . . . . . . . . . . . . . . . . . . . 570
Division 4 Staff
684 Staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 571
685 Staff seconded to Regulator . . . . . . . . . . . . . . . . . . . . . . . . . . . . 571
686 Consultants and contractors . . . . . . . . . . . . . . . . . . . . . . . . . . . . 571
Part 12.2A Database of heavy vehicles
686A Database of heavy vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . 571
686B Regulator may share information in database of heavy vehicles 572
Part 12.3 Miscellaneous
Division 1 Finance
687 National Heavy Vehicle Regulator Fund . . . . . . . . . . . . . . . . . . . 573
688 Payments into Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 573
689 Payments out of Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 574
690 Investment by Regulator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 574
691 Financial management duties of Regulator . . . . . . . . . . . . . . . . . 574
692 Amounts payable to other entities . . . . . . . . . . . . . . . . . . . . . . . . 575
Division 2 Reporting and planning arrangements
693 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 576
694 Other reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 577

Page 27
Heavy Vehicle National Law (Queensland)

Contents

695 Corporate plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 578

Division 3 Oversight of the Regulator and Board
696 Application of particular Queensland Acts to this Law . . . . . . . . 579
Division 4 Provisions relating to persons exercising functions under Law
697 General duties of persons exercising functions under this Law . 580
698 Protection from personal liability for persons exercising Regulator’s or
Board’s functions under this Law . . . . . . . . . . . . . . . . . . . . . . . . 581
698A No liability, right etc. arising from particular functions of authorised officer
or Regulator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 582
Chapter 13 General
Part 13.1 General offences
Division 1 Offence about discrimination or victimisation
699 Discrimination against or victimisation of employees . . . . . . . . . 583
700 Order for damages or reinstatement . . . . . . . . . . . . . . . . . . . . . . 584
Division 2 Offences about false or misleading information
701 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . 585
702 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . 586
703 False or misleading information given by responsible person to another
responsible person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 587
704 Offence to falsely represent that heavy vehicle authority is held etc. 589
Part 13.2 Industry codes of practice
705 Guidelines for industry codes of practice . . . . . . . . . . . . . . . . . . 590
706 Registration of industry codes of practice . . . . . . . . . . . . . . . . . . 590
Part 13.3 Legal proceedings
Division 1 Proceedings
707 Proceeding for indictable offences . . . . . . . . . . . . . . . . . . . . . . . 592
707A Proceeding for other offences . . . . . . . . . . . . . . . . . . . . . . . . . . . 593
Division 2 Evidence
708 Proof of appointments unnecessary . . . . . . . . . . . . . . . . . . . . . . 594
709 Proof of signatures unnecessary . . . . . . . . . . . . . . . . . . . . . . . . . 595
710 Averments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 595
711 Evidence by certificate by Regulator generally . . . . . . . . . . . . . . 596
712 Evidence by certificate by road authority . . . . . . . . . . . . . . . . . . . 597
713 Evidence by certificate by Regulator about matters stated in or worked
out from records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 598
714 Evidence by certificate by authorised officer about instruments . 599
715 Challenging evidence by certificate . . . . . . . . . . . . . . . . . . . . . . . 600

Page 28
 Heavy Vehicle National Law (Queensland)

Contents

716 Evidence by record about mass . . . . . . . . . . . . . . . . . . . . . . . . . 600

717 Manufacturer’s statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 601
718 Measurement of weight on tyre . . . . . . . . . . . . . . . . . . . . . . . . . . 601
719 Transport and journey documentation . . . . . . . . . . . . . . . . . . . . . 602
720 Evidence not affected by nature of vehicle . . . . . . . . . . . . . . . . . 603
721 Certificates of TCA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 603
722 Approved intelligent transport system . . . . . . . . . . . . . . . . . . . . . 603
723 Evidence as to intelligent access map . . . . . . . . . . . . . . . . . . . . 605
724 Reports and statements made by approved intelligent transport system
605
725 Documents produced by an approved electronic recording system 607
726 Statement by person involved with use or maintenance of approved
electronic recording system . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 607
726A Evidence of offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 608
726B Evidence obtained by police using other powers . . . . . . . . . . . . 608
726C Evidence obtained in another jurisdiction . . . . . . . . . . . . . . . . . . 609
Division 3 Publication of court outcomes
726D Regulator may publish convictions, penalties, orders, etc. . . . . . 609
Part 13.4 Protected information
727 Definitions for Pt 13.4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 610
728 Duty of confidentiality for protected information . . . . . . . . . . . . . 614
728A Duty of confidentiality for electronic work diary protected information
615
729 Protected information only to be used for authorised use . . . . . . 615
729A Electronic work diary protected information only to be used for electronic
work diary authorised use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 615
729B Warrant authorising use of electronic work diary protected information
616
Part 13.5 National regulations
730 National regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 616
731 National regulations for approved vehicle examiners . . . . . . . . . 617
732 National regulations for publication of agreements for services to States
or Territories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 619
733 Publication of national regulations . . . . . . . . . . . . . . . . . . . . . . . . 619
734 Scrutiny of national regulations . . . . . . . . . . . . . . . . . . . . . . . . . . 620
Part 13.6 Other
735 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 620
735A Legal professional privilege . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 621

Page 29
Heavy Vehicle National Law (Queensland)

Contents

736 Penalty at end of provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 621

737 Increase of penalty amounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . 621
737A Application of s 737 to new penalties . . . . . . . . . . . . . . . . . . . . . 622
738 Service of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 622
739 Service by post . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 623
740 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 624
740A Increase of fee amounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 625
741 Recovery of amounts payable under Law . . . . . . . . . . . . . . . . . . 625
742 Contracting out prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 626
743 Other powers not affected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 626
Chapter 14 Savings and transitional provisions
Part 14.1 Interim provisions relating to Ministers and Board
744 Responsible Ministers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 627
745 Exercise of powers by Board between enactment and commencement
628
Part 14.2 General provisions
746 Application of Part 14.2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 629
747 Definitions for Part 14.2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 629
748 General savings and transitional provision . . . . . . . . . . . . . . . . . 630
749 Expiry of certain permits, exemptions, notices and authorities . . 632
750 Amendment or cancellation of instruments carried over from former
legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 632
751 Expiry of industry codes of practice . . . . . . . . . . . . . . . . . . . . . . . 633
752 Pending matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 634
753 Preservation of current PBS scheme . . . . . . . . . . . . . . . . . . . . . 634
754 Preservation of contracts for current PBS scheme . . . . . . . . . . . 635
755 National regulations for savings and transitional matters . . . . . . 636
Part 14.3 Heavy Vehicle National Law Amendment Act 2015 (Queensland)
756 Application of s 87A to previously fitted plate or label . . . . . . . . . 637
757 Saving of stated map and other matters under s 119 or 142 . . . 637
758 Application of s 737 to a new penalty . . . . . . . . . . . . . . . . . . . . . 639
Part 14.4 Heavy Vehicle National Law and Other Legislation Amendment Act
2016 (Queensland)
759 Application of s 737 to a new penalty . . . . . . . . . . . . . . . . . . . . . 640
Schedule 1 Miscellaneous provisions relating to interpretation . . . . . . . 641
Part 1 Preliminary
1 Displacement of Schedule by contrary intention . . . . . . . . . . . . . 641

Page 30
 Heavy Vehicle National Law (Queensland)

Contents

Part 2 General
2 Law to be construed not to exceed legislative power of Parliament 641
3 Every section to be a substantive enactment . . . . . . . . . . . . . . . 642
4 Material that is, and is not, part of this Law . . . . . . . . . . . . . . . . . 642
5 References to particular Acts and to enactments . . . . . . . . . . . . 642
6 References taken to be included in Law or Act citation etc. . . . . 643
7 Interpretation best achieving Law’s purpose or object . . . . . . . . 643
8 Use of extrinsic material in interpretation . . . . . . . . . . . . . . . . . . 643
9 Effect of change of drafting practice . . . . . . . . . . . . . . . . . . . . . . 645
10 Use of examples . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 645
11 Compliance with forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 646
Part 3 Terms and references
12 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 646
13 Provisions relating to defined terms and gender and number . . . 651
14 Meaning of ‘may’ and ‘must’ . . . . . . . . . . . . . . . . . . . . . . . . . . . . 652
15 Words and expressions used in statutory instruments . . . . . . . . 652
16 Effect of express references to bodies corporate and individuals 652
17 Production of records kept in computers etc. . . . . . . . . . . . . . . . 653
18 References to this jurisdiction to be implied . . . . . . . . . . . . . . . . 653
19 References to officers and holders of offices . . . . . . . . . . . . . . . 653
20 Reference to certain provisions of Law . . . . . . . . . . . . . . . . . . . . 654
21 Reference to provisions of this Law or an Act is inclusive . . . . . . 655
Part 4 Functions and powers
22 Exercise of statutory functions . . . . . . . . . . . . . . . . . . . . . . . . . . 655
23 Power to make instrument or decision includes power to amend or repeal
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 655
24 Matters for which statutory instruments may make provision . . . 656
25 Presumption of validity and power to make . . . . . . . . . . . . . . . . . 657
26 Appointments may be made by name or office . . . . . . . . . . . . . . 658
27 Acting appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 658
28 Powers of appointment imply certain incidental powers . . . . . . . 659
29 Delegation of functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 660
30 Exercise of powers between enactment and commencement . . 662
Part 5 Distance, time and age
31 Matters relating to distance, time and age . . . . . . . . . . . . . . . . . 665
Part 6 Effect of repeal, amendment or expiration

Page 31
Heavy Vehicle National Law (Queensland)

Contents

32 Time of Law ceasing to have effect . . . . . . . . . . . . . . . . . . . . . . . 666

33 Repealed Law provisions not revived . . . . . . . . . . . . . . . . . . . . . 666
34 Saving of operation of repealed Law provisions . . . . . . . . . . . . . 666
35 Continuance of repealed provisions . . . . . . . . . . . . . . . . . . . . . . 667
36 Law and amending Acts to be read as one . . . . . . . . . . . . . . . . . 667
Part 7 Instruments under Law
37 Schedule applies to statutory instruments . . . . . . . . . . . . . . . . . . 667
Part 8 Application to coastal waters
38 Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 668
Schedule 2 Subject matter for conditions of mass or dimension authorities
669
Schedule 3 Reviewable decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 670
Schedule 4 Liability provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 678

Page 32
 Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 1]

Heavy Vehicle National Law (Queensland)

Note—
The Heavy Vehicle National Law (Queensland) is applied (with
modifications) as a law of Queensland by the Heavy Vehicle National
Law Act 2012. This version is the Law as it applies in Queensland—see
the Heavy Vehicle National Law Act 2012, section 4.

Chapter 1 Preliminary

Part 1.1 Introductory matters

1 Short title
This Law may be cited as the Heavy Vehicle National Law
(Queensland).

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

Current as at 19 February 2024 Page 33

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 4]

(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—

Page 34 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 5]

(i) allowing heavy vehicles, that would otherwise be

prevented from being used on roads, access to the
roads through exemptions or authorisations
granted in circumstances in which the matters
mentioned in section 3(a) and (b) will not be
compromised; and
(ii) providing for accreditation schemes allowing
operators of heavy vehicles who adopt best
practices directed at the matters mentioned in
section 3 to be subject to alternative requirements
more suited to the operators’ business operations.

Part 1.2 Interpretation

5 Definitions
In this Law—
100km work, for the purposes of Chapter 6, has the meaning
given by section 289(1).
100+km work, for the purposes of Chapter 6, has the meaning
given by section 289(2).
accreditation certificate means—
(a) for a heavy vehicle accreditation granted under this
Law—the accreditation certificate given for the
accreditation under section 464; or
(b) for a heavy vehicle accreditation granted under another
law of a participating jurisdiction—the certificate of
accreditation (however called) issued for the
accreditation under that law.
ADR means—
(a) a third edition ADR; or
(b) a second edition ADR.

Current as at 19 February 2024 Page 35

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 5]

advice purposes means providing advice, information and

education to persons with duties or obligations under this Law
about compliance with the duties or obligations.
AFM accreditation means—
(a) AFM accreditation granted under section 458; or
(b) accreditation of a similar kind under another law of a
participating jurisdiction.
AFM fatigue management system, for the purposes of
Chapters 6 and 8, has the meaning given by section 457.
AFM hours, for the purposes of Chapters 6 and 8, has the
meaning given by section 257.
AFM standards and business rules, for the purposes of
Chapter 8, has the meaning given by section 457.
agricultural implement means a vehicle without its own
automotive power, built to perform agricultural tasks, and
includes an agricultural trailer.
Examples—
• auger
• conveyor
• field bin
• harvester front
• irrigating equipment or machinery
agricultural machine means a vehicle with its own
automotive power, built to perform agricultural tasks.
Examples—
harvester, tractor
agricultural task means a task carried out in agriculture.
Examples of an agricultural task—
• cultivating land
• growing and harvesting crops
• rearing livestock

Page 36 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 5]

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—
Current as at 19 February 2024 Page 37
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 5]

(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
Page 38 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 5]

(iii) an employee of the corporation; or

(iv) a person who holds a controlling interest in the
corporation; or
(v) a related body corporate, within the meaning of the
Corporations Act 2001 of the Commonwealth, of
the corporation; or
(vi) a person who is an associate of someone who is an
associate of the corporation.
ATM (aggregate trailer mass), of a heavy trailer, means the
total maximum mass of the trailer, as stated by the
manufacturer, together with its load and the mass imposed on
the towing vehicle by the trailer when the towing vehicle and
trailer are on a horizontal surface.
Australian Accounting Standards means Accounting
Standards issued by the Australian Accounting Standards
Board.
Australian road law means—
(a) this Law; or
(b) another law of a State or Territory that regulates the use
of vehicles on roads.
authorised officer means—
(a) a police officer declared by a law of a participating
jurisdiction to be an authorised officer for the purposes
of this Law; or
(b) a person who holds office under this Law as an
authorised officer.
authorised use, for the purposes of Part 13.4, has the meaning
given by section 727.
authorised warrant official, for a participating jurisdiction,
means an entity that is declared by a law of that jurisdiction to
be an authorised warrant official for that jurisdiction for the
purposes of this Law.

Current as at 19 February 2024 Page 39

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 5]

axle means 1 or more shafts positioned in a line across a

vehicle, on which 1 or more wheels intended to support the
vehicle turn.
axle group means a tandem axle group, twinsteer axle group,
tri-axle group or quad-axle group.
base, of the driver of a heavy vehicle—
1 The base of the driver of a heavy vehicle, in relation to
particular work—
(a) is the place from which the driver normally does
the work; but
(b) is, for the purposes of Chapter 6, the garage
address of the vehicle if—
(i) the vehicle is a fatigue-regulated heavy
vehicle; and
(ii) the driver is required under Part 6.4, in
relation to that particular work, to keep a
work diary and to record the location of the
driver’s base in the work diary, and has not
done so.
Note—
The driver of a fatigue-regulated heavy vehicle may not be
required under Part 6.4, in relation to particular work, to
keep a work diary and to record the location of the driver’s
base in the work diary, if, for example—
• the driver is undertaking 100km work under standard
hours
• the driver is working under a work diary exemption
2 For a driver who is a self-employed driver and an
employed driver at different times, the driver may have
one base as a self-employed driver under paragraph 1
and another base as an employed driver under that
paragraph.
3 For a driver who has 2 or more employers, the driver
may have a different base in relation to each employer
under paragraph 1.
Page 40 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 5]

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.

Current as at 19 February 2024 Page 41

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 5]

BFM hours, for the purposes of Chapters 6 and 8, has the

meaning given by section 253.
BFM standards and business rules, for the purposes of
Chapter 8, has the meaning given by section 457.
Board means the National Heavy Vehicle Regulator Board
established under section 662.
body of fatigue knowledge means any accreditation scheme,
scientific knowledge, expert opinion, guidelines, standards or
other knowledge about preventing or managing exposure to
risks to safety either on a road or in a workplace, arising from
fatigue.
bus means a heavy motor vehicle built or fitted to carry more
than 9 adults (including the driver).
business practices, of a person, means the person’s practices
in running a business associated with the use of a heavy
vehicle on a road, including—
(a) the operating policies and procedures of the business;
and
(b) the human resource and contract management
arrangements of the business; and
(c) the arrangements for preventing or minimising public
risks associated with the person’s practices.
cancel, for the purposes of Chapter 6 in relation to an unused
daily sheet in a written work diary, has the meaning given by
section 221.
category, of heavy vehicles, see section 15.
cause, a thing, includes—
(a) contribute to causing the thing; and
(b) encourage the thing.
centre-line, of an axle, means—
(a) for an axle consisting of 1 shaft—a line parallel to the
length of the axle and passing through its centre; and

Page 42 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 5]

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

plane passing through—
(i) the centre of both shafts; and
(ii) the centres of the wheels on the shafts.
class 1 heavy vehicle has the meaning given by section 116(1)
and (2).
class 2 heavy vehicle has the meaning given by section 136.
class 2 heavy vehicle authorisation means—
(a) a class 2 heavy vehicle authorisation (notice); or
(b) a class 2 heavy vehicle authorisation (permit).
class 2 heavy vehicle authorisation (notice) has the meaning
given by section 138(2).
class 2 heavy vehicle authorisation (permit) has the meaning
given by section 143(2).
class 3 heavy vehicle has the meaning given by
section 116(3).
combination means a group of vehicles consisting of a motor
vehicle towing 1 or more other vehicles.
Commonwealth Gazette means the Commonwealth of
Australia Gazette.
Commonwealth Gazette notice means notice published in the
Commonwealth Gazette.
Commonwealth responsible Minister means the
Commonwealth Minister nominated by the Commonwealth as
the responsible Minister for the Commonwealth for the
purposes of this Law.
compensation order has the meaning given by section 611(1).
complaint, for an offence, means a complaint, charge, notice
or other process that starts a proceeding for the offence.
compliance purposes means—
(a) monitoring purposes; or
Current as at 19 February 2024 Page 43
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 5]

(b) investigation purposes.

complying container weight declaration has the meaning
given by section 189.
component, of a heavy vehicle that is a combination, means—
(a) other than in Part 3.3, a component vehicle of the
combination; or
(b) a component of any component vehicle of the
combination.
component vehicle, of a heavy combination, means the
towing vehicle or another vehicle in the combination.
condition includes a restriction.
conduct means an act, an omission to perform an act, or a
state of affairs.
consent includes an approval or concurrence.
consign and consignor—
A person consigns goods, and is a consignor of goods, for
road transport using a heavy vehicle, if—
(a) the person has consented to being, and is, named or
otherwise identified as a consignor of the goods in the
transport documentation relating to the road transport of
the goods; or
(b) the person engages an operator of the vehicle, either
directly or indirectly or through an agent or other
intermediary, to transport the goods by road; or
(c) if paragraphs (a) and (b) do not apply—the person has
possession of, or control over, the goods immediately
before the goods are transported by road.
consignee, of goods—
(a) means a person who—
(i) has consented to being, and is, named or otherwise
identified as the intended consignee of the goods in

Page 44 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 5]

the transport documentation relating to the road

transport of the goods; or
(ii) actually receives the goods after completion of
their road transport; but
(b) does not include a person who merely unloads the
goods.
container weight declaration—
(a) means a written declaration, whether contained in 1 or
more documents, stating or purporting to state the
weight of a freight container and its contents; and
Examples—
an email, a placard fixed to the container
Note—
See the definition document in section 12 of Schedule 1.
(b) includes a copy of a declaration mentioned in
paragraph (a).
contract includes an agreement.
converter dolly means a pig trailer with a fifth wheel coupling
designed to convert a semitrailer into a dog trailer.

Typical converter dolly

convict, a person of an offence, has the meaning given by
section 9(1).
convicted, of an offence, has the meaning given by
section 9(2).
convicted person—
(a) for the purposes of Division 5 of Part 10.3, has the
meaning given by section 599(a); or

Current as at 19 February 2024 Page 45

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 5]

(b) for the purposes of Division 6 of Part 10.3, has the

meaning given by section 606(a).
corporation includes a body politic or corporate.
corresponding fatigue law, for the purposes of Chapter 6, has
the meaning given by section 221.
critical risk breach, for a maximum work requirement or
minimum rest requirement, has the meaning given by
section 222(4).
daily sheet, for a written work diary, for the purposes of
Chapter 6, has the meaning given by section 338(2)(b).
database of heavy vehicles means the database of heavy
vehicles kept under section 686A.
daytime means the period of a day between sunrise and
sunset.
de facto partner, of a person, means a person (whether of the
same gender or a different gender) who is in a de facto
relationship, within the meaning given by section 2F of the
Acts Interpretation Act 1901 of the Commonwealth, with the
person.
defective heavy vehicle, for the purposes of Division 6 of
Part 9.3, has the meaning given by section 525.
defective vehicle label, for the purposes of Division 6 of
Part 9.3, has the meaning given by section 525.
defendant, for a proceeding for an offence, means the person
charged with the offence (whether called the defendant or the
accused).
deficiency, for the purposes of Division 3 of Part 10.4, has the
meaning given by section 626.
dimension requirement means—
(a) a prescribed dimension requirement (under
section 101); or
(b) a requirement as to a dimension limit relating to a heavy
vehicle under a condition to which a mass or dimension
Page 46 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 5]

authority is subject (where the dimension limit is more

restrictive than the relevant prescribed dimension
requirement); or
(c) a requirement as to a dimension limit under a PBS
vehicle approval; or
(d) a requirement as to a dimension limit indicated by an
official traffic sign; or
Note—
See the definitions indicated and official traffic sign.
(e) a requirement as to a dimension limit for a component
vehicle as prescribed by a heavy vehicle standard.
drive, a vehicle or combination, includes—
(a) be in control of the steering, movement or propulsion of
the vehicle or combination; and
(b) for a trailer—drive a vehicle towing the trailer.
driver, of a vehicle or combination—
(a) means the person driving the vehicle or combination;
and
(b) includes—
(i) a person accompanying the person driving the
vehicle or combination on a journey or part of a
journey, who has been, is or will be sharing the
task of driving the vehicle or combination during
the journey or part; and
(ii) a person who is driving the vehicle or combination
as a driver under instruction or under an
appropriate learner licence or learner permit; and
(iii) where the driver is a driver under instruction, the
holder of a driver licence occupying the seat in the
vehicle or combination next to the driver.
driver fatigue compliance function, for the purposes of
Part 13.4, has the meaning given by section 727(1).

Current as at 19 February 2024 Page 47

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 5]

driver fatigue provision, for the purposes of Part 13.4, has the
meaning given by section 727(1).
driver licence means—
(a) a driver licence issued under a law of a State or Territory
that regulates the use of vehicles on roads; or
(b) a licence, permit or other authorisation to drive a motor
vehicle issued under a law of another country if a law
mentioned in paragraph (a) exempts the holder of the
licence, permit or other authorisation from the
requirement to hold a driver licence under that law to
drive a motor vehicle.
electronic recording system has the meaning given by
section 221.
electronic recording system approval means an approval of
an electronic recording system under Division 7 of Part 6.4.
electronic work diary has the meaning given by section 221.
electronic work diary authorised use, for the purposes of
Part 13.4, has the meaning given by section 727(1).
electronic work diary information, for the purposes of
Part 13.4, has the meaning given by section 727(1).
electronic work diary protected information, for the purposes
of Part 13.4, has the meaning given by section 727(1).
embargo notice has the meaning given by section 557(2).
embargoed thing means a thing the subject of an embargo
notice.
employed driver, of a heavy vehicle, means a person who is
employed by someone else to drive the vehicle.
employee means an individual who is employed by someone
else.
employer means a person who employs someone else.
encourage includes give an incentive.

Page 48 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 5]

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).

Current as at 19 February 2024 Page 49

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 5]

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
Page 50 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 5]

(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
<[Link]>.
(b) a re-usable container of the same or a similar design and
construction to a container mentioned in paragraph (a)
though of different dimensions.
Fund means the National Heavy Vehicle Regulator Fund
established under section 687.
garage address, of a heavy vehicle, means—
(a) for a heavy vehicle normally kept at a depot when not in
use—the principal depot of the vehicle; or
(b) for a heavy vehicle not normally kept at a depot when
not in use—the address of the place of business or
residence at which the vehicle is normally kept when not
in use.
GCM (gross combination mass), of a motor vehicle, means
the total maximum loaded mass of the motor vehicle and any
vehicles it may lawfully tow at any given time—
(a) if the registration authority has specified the total
maximum loaded mass of the motor vehicle and any
vehicles it may lawfully tow at any given
time—specified by the registration authority; or
(b) otherwise—stated by the motor vehicle’s manufacturer.
goods—
(a) includes—
Current as at 19 February 2024 Page 51
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 5]

(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.
Page 52 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 5]

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 Division 6 of
Part 9.3, has the meaning given by section 525.
identification plate means a plate approved to be placed on a
vehicle, or taken to have been placed on a vehicle, under the
Motor Vehicle Standards Act 1989.
impaired by fatigue has the meaning given by section 225.
improvement notice has the meaning given by section 572(2).
in, a vehicle, includes on the vehicle.
indicated, by an official traffic sign, includes—
(a) indicated by way of a direction on an official traffic
sign; and
(b) indicated by way of a direction, indication or
requirement that, under a law, is prescribed as being
given or imposed, because of an official traffic sign.
indictable offence means an offence mentioned in
section 26F.
information includes—
(a) information in the form of a printed document; and

Current as at 19 February 2024 Page 53

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 5]

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.

Page 54 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 5]

intelligent access program conditions has the meaning given

by section 402.
intelligent access program information, for the purposes of
Chapter 7, has the meaning given by section 403.
intelligent access 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
Current as at 19 February 2024 Page 55
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 5]

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;

Page 56 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 5]

(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—
Current as at 19 February 2024 Page 57
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 5]

(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

Page 58 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 5]

(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
Current as at 19 February 2024 Page 59
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 5]

(b) a requirement as to a mass limit relating to a heavy

vehicle under a condition to which a mass or dimension
authority is subject (where the mass limit is lower than
the relevant prescribed mass requirement); or
(c) a requirement as to a mass limit under a PBS vehicle
approval; or
(d) a requirement as to a mass limit indicated by an official
traffic sign; or
Note—
See the definitions indicated and official traffic sign.
(e) a requirement as to a mass limit under the GVM or
GCM for a heavy vehicle; or
(f) a requirement as to a mass limit for a component vehicle
as stated by the manufacturer or as prescribed by a
heavy vehicle standard.
maximum work requirement means a requirement of
Chapter 6 relating to a maximum work time for the driver of a
fatigue-regulated heavy vehicle.
maximum work time means the maximum time the driver of a
fatigue-regulated heavy vehicle may drive a fatigue-regulated
heavy vehicle, or otherwise work, without taking a rest.
minimum rest requirement means a requirement of Chapter 6
relating to the minimum rest time for the driver of a
fatigue-regulated heavy vehicle.
minimum rest time means the minimum time the driver of a
fatigue-regulated heavy vehicle must rest in order to break up
the period of time the driver drives a fatigue-regulated heavy
vehicle or otherwise works.
minor defect notice means a notice complying with the
requirements for a minor defect notice under section 527.
minor risk breach—
(a) for a mass requirement—has the meaning given by
section 98; or

Page 60 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 5]

(b) for a dimension requirement—has the meaning given by

section 105; or
(c) for a loading requirement—has the meaning given by
section 112; or
(d) for a maximum work requirement or minimum rest
requirement—has the meaning given by section 222(1).
modification, for the purposes of Part 3.3, has the meaning
given by section 84.
monitoring purposes means finding out whether this Law is
being complied with.
motor vehicle means a vehicle built to be propelled by a motor
that forms part of the vehicle.
Motor Vehicle Standards Act 1989 means the repealed Motor
Vehicle Standards Act 1989 of the Commonwealth as in force
before its repeal.
national regulations means the regulations made under
section 730.
National Transport Commission means the National
Transport Commission established by the National Transport
Commission Act 2003 of the Commonwealth.
night means the period between sunset on a day and sunrise
on the next day.
night rest break means—
(a) 7 continuous hours stationary rest time between 10p.m.
on a day and 8a.m. on the next day; or
Note—
Under sections 248 and 303, the time must be based on the time
zone of the driver's base for drivers on a journey in a different
time zone to the driver's base.
(b) 24 continuous hours stationary rest time.
night work time, for the purposes of Chapter 6, has the
meaning given by section 221.

Current as at 19 February 2024 Page 61

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 5]

noncompliance report, for the purposes of Chapter 7, has the

meaning given by section 403.
non-participating jurisdiction, for the purposes of Chapter 6,
has the meaning given by section 221.
notice—
(a) means written notice; and
(b) for the purposes of Division 5B of Part 9.4, has the
meaning given by section 576D.
occupier, of a place, includes the following—
(a) if there is more than 1 person who apparently occupies
the place—any 1 of the persons;
(b) any person at the place who is apparently acting with the
authority of a person who apparently occupies the place;
(c) if no-one apparently occupies the place—any person
who is an owner of the place.
official means any of the following persons exercising a
function under this Law—
(a) the Regulator;
(b) a road authority;
(c) an authorised officer.
official traffic sign means a sign or device erected or placed,
under a law, by a public authority (including, for example, a
police force or police service) to regulate traffic.
operate and operator—
A person operates a vehicle or combination, and is an
operator of the vehicle or combination, if the person is
responsible for controlling or directing the use of—
(a) for a vehicle (including a vehicle in a combination)—the
vehicle; or
(b) for a combination—the towing vehicle in the
combination.

Page 62 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 5]

oversize vehicle means a heavy vehicle that does not comply

with a dimension requirement applying to it.
owner—
(a) of a vehicle means—
(i) each person who is an owner, joint owner or part
owner of the vehicle; or
(ii) a person who has the use or control of the vehicle
under a credit agreement, hiring agreement,
hire-purchase agreement or leasing arrangement;
or
(b) of a combination means—
(i) each person who is an owner, joint owner or part
owner of the towing vehicle in the combination; or
(ii) a person who has the use or control of the towing
vehicle in the combination under a credit
agreement, hiring agreement, hire-purchase
agreement or leasing arrangement; or
(c) of a sample means an owner of the sample or the thing
from which it was taken.
pack and packer—
A person packs goods, and is a packer of goods, if the
person—
(a) puts the goods in packaging, even if that packaging is
already on a vehicle; or
Example for the purposes of paragraph (a)—
A person who uses a hose to fill the tank of a tank vehicle with
petrol packs the petrol for transport.
(b) assembles the goods as packaged goods in an outer
packaging, even if that packaging is already on a
vehicle; or
(c) supervises an activity mentioned in paragraph (a) or (b);
or

Current as at 19 February 2024 Page 63

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 5]

(d) manages or controls an activity mentioned in

paragraph (a), (b) or (c).
packaging, in relation to goods, means anything that contains,
holds, protects or encloses the goods, whether directly or
indirectly, to enable them to be received or held for transport,
or to be transported.
Note—
It may be that a container constitutes the whole of the packaging of
goods, as in the case of a drum in which goods are directly placed.
participating jurisdiction—
(a) for the purposes of this Law other than
Chapter 6—means a State or Territory in which—
(i) this Law applies as a law of the State or Territory;
or
(ii) a law that substantially corresponds to the
provisions of this Law has been enacted; or
(iii) a law prescribed by the national regulations for the
purposes of this subparagraph has been enacted; or
(b) for the purposes of Chapter 6—has the meaning given
by section 221.
party in the chain of responsibility, for a heavy vehicle,
means each of the following persons—
(a) if the vehicle’s driver is an employed driver—an
employer of the driver;
(b) if the vehicle’s driver is a self-employed driver—a prime
contractor for the driver;
(c) an operator of the vehicle;
(d) a scheduler for the vehicle;
(e) a consignor of any goods in the vehicle;
(f) a consignee of any goods in the vehicle;
(g) a packer of any goods in the vehicle;
(h) a loading manager for any goods in the vehicle;
Page 64 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 5]

(i) a loader of any goods in the vehicle;

(j) an unloader of any goods in the vehicle.
passenger, of a vehicle, means any person carried in the
vehicle other than the vehicle’s driver or someone else
necessary for the normal use of the vehicle.
PBS design approval means a current approval given under
section 22 for the design of a type of heavy vehicle that, if
built to the design, is eligible for PBS vehicle approval.
Note—
‘PBS’ stands for performance based standards.
PBS Review Panel means an advisory body appointed by the
Regulator to provide expert advice in the assessment of
applications for PBS design approvals or PBS vehicle
approvals and of their impacts.
Note—
The membership of the PBS Review Panel consists of one
representative of each State and Territory, an independent Chairperson
and an independent Deputy Chairperson. The Commonwealth may, if it
decides to do so, nominate a representative of the Commonwealth. The
procedure of the Panel is as determined by the Regulator.
PBS vehicle means a heavy vehicle that is the subject of a
current PBS vehicle approval under Part 1.4.
PBS vehicle approval means a current approval issued for a
heavy vehicle by the Regulator under section 23.
personal information—
(a) generally, means information or an opinion, including
information or an opinion forming part of a database,
whether true or not, and whether recorded in a material
form or not, about an individual whose identity is
apparent, or can reasonably be found out, from the
information or opinion; and
(b) for the purposes of Chapter 7, has the meaning given by
section 403.
pig trailer means a trailer—
Current as at 19 February 2024 Page 65
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 5]

(a) with 1 axle group or a single axle near the middle of its
load carrying surface; and
(b) connected to the towing vehicle by a drawbar.
pilot vehicle means a motor vehicle that accompanies an
oversize vehicle to warn other road users of the oversize
vehicle’s presence.
place of business, for the purposes of Part 9.2, has the
meaning given by section 494.
pole-type trailer means a trailer that—
(a) is attached to a towing vehicle by a pole or an
attachment fitted to a pole; and
(b) is ordinarily used for transporting loads, such as logs,
pipes, structural members, or other long objects, that can
generally support themselves like beams between
supports.

Pole-type trailer
police commissioner means the head of the police force or
police service (however called) of a participating jurisdiction.
premises—
(a) means a building or other structure, a vessel, or another
place (whether built on or not)—
(i) from which a business is carried out; or
(ii) at or from which goods are loaded onto or
unloaded from vehicles; and
(b) includes a part of a building, structure, vessel or place
mentioned in paragraph (a).
prescribed dimension requirement means a requirement
prescribed by the national regulations under section 101.

Page 66 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 5]

prescribed fee means a fee prescribed by the national

regulations under section 740(1).
prescribed mass requirement means a requirement prescribed
by the national regulations under section 95.
previous corresponding law—
1 A previous corresponding law is a law of a participating
jurisdiction that, before the participation day for the
jurisdiction, provided for the same, or substantially the
same, matters as the provisions of this Law.
2 A previous corresponding law for a provision of this
Law is a provision of a previous corresponding law
within the meaning of paragraph 1 that corresponds, or
substantially corresponds, to the provision of this Law.
3 For the purposes of paragraph 1, it is irrelevant whether
the law of the participating jurisdiction—
(a) is in 1 instrument or 2 or more instruments; or
(b) is part of an instrument; or
(c) is part of an instrument and the whole or part of 1
or more other instruments.
prime contractor, of the driver of a heavy vehicle, means a
person who engages the driver to drive the vehicle under a
contract for services.
Example—
a logistics business that engages a subcontractor to transport goods.
prime mover means a heavy motor vehicle designed to tow a
semitrailer.
prohibition notice has the meaning given by section 576A(3).
prohibition order has the meaning given by section 607(1).
promisee see section 590A.
protected information, for the purposes of Part 13.4, has the
meaning given by section 727.
public authority means—
Current as at 19 February 2024 Page 67
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 5]

(a) a State or Territory or the Commonwealth, in any

capacity; or
(b) a body established under a law, or the holder of an office
established under a law, for a public purpose, including
a local government authority.
public notice means a notice—
(a) in the Commonwealth Gazette; and
(b) on the Regulator’s website; and
(c) if the Regulator considers it appropriate—in another
way, including, for example, in a national newspaper.
public place means a place or part of a place—
(a) that the public is entitled to use, is open to members of
the public or is used by the public, whether or not on
payment of money; or
(b) the occupier of which allows members of the public to
enter, whether or not on payment of money.
public risk means—
(a) a safety risk; or
(b) a risk of damage to road infrastructure.
public safety means the safety of persons or property,
including the safety of—
(a) the drivers of, and passengers and other persons in,
vehicles and combinations; and
(b) persons or property in or in the vicinity of, or likely to
be in or in the vicinity of, road infrastructure and public
places; and
(c) vehicles and combinations and any loads in them.
public safety ground, for a reviewable decision, has the
meaning given by section 640.
quad-axle group means a group of 4 axles, in which the
horizontal distance between the centre-lines of the outermost
axles is more than 3.2m but not more than 4.9m.
Page 68 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 5]

qualified, to drive a heavy vehicle, or to start or stop its

engine, for a person, means the person—
(a) holds a driver licence of the appropriate class to drive
the vehicle that is not suspended; and
(b) is not prevented under a law, including, for example, by
the conditions of the driver licence, from driving the
vehicle at the relevant time.
Queensland Minister means the responsible Minister for
Queensland.
reasonably believes means believes on grounds that are
reasonable in the circumstances.
reasonably practicable, in relation to a duty, means that
which is, or was at a particular time, reasonably able to be
done in relation to the duty, weighing up all relevant matters,
including—
(a) the likelihood of a safety risk, or damage to road
infrastructure, happening; and
(b) the harm that could result from the risk or damage; and
(c) what the person knows, or ought reasonably to know,
about the risk or damage; and
(d) what the person knows, or ought reasonably to know,
about the ways of—
(i) removing or minimising the risk; or
(ii) preventing or minimising the damage; and
(e) the availability and suitability of those ways; and
(f) the cost associated with the available ways, including
whether the cost is grossly disproportionate to the
likelihood of the risk or damage.
reasonably satisfied means satisfied on grounds that are
reasonable in the circumstances.
reasonably suspects means suspects on grounds that are
reasonable in the circumstances.

Current as at 19 February 2024 Page 69

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 5]

record keeper has the meaning given by section 317.

record location, of the driver of a fatigue-regulated heavy
vehicle, for the purposes of Chapter 6, has the meaning given
by section 290.
registered industry code of practice means an industry code
of practice registered under section 706.
registered interest means an interest registered under the
Personal Property Securities Act 2009 of the Commonwealth
by a secured party for which the thing or sample is collateral.
registered operator, of a heavy vehicle, means the person
recorded on a vehicle register as the person responsible for the
vehicle, however named, kept under another Australian road
law.
registration, of a heavy vehicle, means registration of the
vehicle under an Australian road law.
registration authority, for a heavy vehicle, means the
authority responsible for the registration of the vehicle under
an Australian road law.
registration item means a document, number plate, label or
other thing relating to the registration or purported registration
of a heavy vehicle.
Note—
See the definition document in section 12 of Schedule 1.
registration number, for a heavy vehicle, means the
identifying registration number, however described, given to
the vehicle under an Australian road law.
regular loading or unloading premises—
1 Regular loading or unloading premises, for heavy
vehicles, means premises at or from which an average of
at least 5 heavy vehicles are loaded or unloaded on each
day the premises are operated for loading or unloading
heavy vehicles.
2 For the purposes of paragraph 1, an average of at least 5
heavy vehicles are loaded or unloaded at or from
Page 70 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 5]

premises on each day the premises are operated for

loading or unloading heavy vehicles if—
(a) for premises operated for loading or unloading
heavy vehicles for 12 months or more—during the
previous 12 months, an average of at least 5 heavy
vehicles were loaded or unloaded at or from the
premises on each day the premises were operated
for loading or unloading heavy vehicles; or
(b) for premises operated for loading or unloading
heavy vehicles for less than 12 months—during the
period the premises have been in operation for
loading or unloading heavy vehicles, an average of
at least 5 heavy vehicles were loaded or unloaded
at or from the premises on each day the premises
were operated for loading or unloading heavy
vehicles.
3 In the application of this definition to the definition
loading manager where used in Chapter 6, references in
paragraphs 1 and 2 to ‘an average of at least 5 heavy
vehicles’ are to be read as references to an average of at
least 5 fatigue-regulated heavy vehicles.
Note—
Consequently, Chapter 6 applies to a person as a loading
manager only if the premises concerned are premises at or from
which an average of at least 5 fatigue-regulated heavy vehicles
are loaded or unloaded on each day the premises are operated for
loading or unloading heavy vehicles.
Regulator means the National Heavy Vehicle Regulator
established under section 656.
Regulator’s website means the website of the Regulator on the
internet.
relevant appeal body, for the purposes of Chapter 11, has the
meaning given by section 640.
relevant contravention, for the purposes of Chapter 7, has the
meaning given by section 403.

Current as at 19 February 2024 Page 71

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 5]

relevant emission, for a heavy vehicle, means noise emission,

gaseous emission or particle emission emanating from the
vehicle.
relevant garage address, of a heavy vehicle, means—
(a) the heavy vehicle’s garage address; or
(b) if the heavy vehicle is a combination—the garage
address of the towing vehicle in the combination.
relevant jurisdiction, for the purposes of Chapter 11, has the
meaning given by section 640.
relevant management system, for the purposes of Chapter 8,
has the meaning given by section 457.
relevant monitoring matters, for the purposes of Chapter 7,
has the meaning given by section 403.
relevant place, for the purposes of Part 9.2, has the meaning
given by section 494.
relevant police commissioner, in relation to a police officer,
means the police commissioner for the police force or police
service (however called) of which the police officer is a
member.
relevant road manager, for a mass or dimension authority,
means a road manager for a road in the area, or on the route, to
which the authority applies.
relevant standards and business rules, for the purposes of
Chapter 8, has the meaning given by section 457.
relevant tribunal or court, for a participating jurisdiction,
means a tribunal or court that is declared by a law of that
jurisdiction to be the relevant tribunal or court for that
jurisdiction for the purposes of this Law.
residence, for the purposes of Part 9.2, has the meaning given
by section 494(1).
responsible entity, for a freight container, means—
(a) the person who, in Australia, consigned the container
for road transport using a heavy vehicle; or
Page 72 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 5]

(b) if there is no person as described in paragraph (a)—the

person who, in Australia, for a consignor, arranged for
the container’s road transport using a heavy vehicle; or
(c) if there is no person as described in paragraph (a) or
(b)—the person who, in Australia, physically offered the
container for road transport using a heavy vehicle.
responsible Minister, for a participating jurisdiction, means
the Minister of that jurisdiction nominated by it as its
responsible Minister for the purposes of this Law.
responsible Ministers means a group of Ministers consisting
of—
(a) the responsible Minister for each participating
jurisdiction; and
(b) the Commonwealth responsible Minister.
Note—
See also section 655(3).
responsible person, for a heavy vehicle, means a person
having, at a relevant time, a role or responsibility associated
with road transport using the vehicle, and includes any of the
following—
(a) an owner of the vehicle or, if it is a combination, an
owner of a heavy vehicle forming part of the
combination;
(b) the vehicle’s driver;
(c) an operator or registered operator of the vehicle or, if it
is a combination, an operator or registered operator of a
heavy vehicle forming part of the combination;
(d) a person in charge or apparently in charge of—
(i) the vehicle; or
(ii) the vehicle’s garage address or, if it is a
combination, the garage address of a heavy vehicle
forming part of the combination; or
(iii) a base of the vehicle’s driver;
Current as at 19 February 2024 Page 73
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 5]

(e) a person appointed under a heavy vehicle accreditation

to have monitoring or other responsibilities under the
accreditation, including, for example, responsibilities
for certifying, monitoring or approving the use of heavy
vehicles under the accreditation;
(f) a person who provides to an owner or registered
operator of the vehicle or, if it is a combination, an
owner or registered operator of a heavy vehicle forming
part of the combination, an intelligent transport system
for the vehicle;
(g) a person in charge of a place entered by an authorised
officer under this Law for the purpose of exercising a
power under this Law;
(h) a consignor of goods for road transport;
(i) a packer of goods in a freight container or other
container or in a package or on a pallet for road
transport;
(j) a person who loads goods or a container for road
transport;
(k) a person who unloads goods or a container containing
goods consigned for road transport;
(l) a person to whom goods are consigned for road
transport;
(m) a person who receives goods packed outside Australia in
a freight container or other container or on a pallet for
road transport in Australia;
(n) an owner or operator of a weighbridge or weighing
facility used to weigh the vehicle, or an occupier of the
place where the weighbridge or weighing facility is
located;
(o) a responsible entity for a freight container on the
vehicle;
(p) a loading manager for goods in heavy vehicles for road
transport or another person who controls or directly
influences the loading of goods for road transport;
Page 74 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 5]

(q) a scheduler for the vehicle;

(r) an employer, employee, agent or subcontractor of a
person mentioned in any of paragraphs (a) to (q).
rest, in relation to a fatigue-regulated heavy vehicle, has the
meaning given by section 221.
rest time, for the purposes of Chapter 6, has the meaning
given by section 221.
review and appeal information—
(a) for a decision made by the Regulator or an authorised
officer who is not a police officer, means the following
information—
(i) that, under section 641, a dissatisfied person for
the decision may ask for the decision to be
reviewed by the Regulator;
(ii) that, under section 642, the person may apply for
the decision to be stayed by a relevant tribunal or
court unless the decision was made by the
Regulator on the basis of a public safety ground;
(iii) that, in relation to the Regulator’s decision on the
review, the person may—
(A) under section 647, appeal against the
decision to a relevant tribunal or court; and
(B) under section 648, apply for the decision to
be stayed by a relevant tribunal or court
unless the reviewable decision to which the
review decision relates was made by the
Regulator on the basis of a public safety
ground; and
(b) for a decision made by a road manager (for a road) that
is a public authority, means the following information—
(i) that, under section 641, a dissatisfied person for
the decision may apply to the Regulator to have the
decision reviewed;

Current as at 19 February 2024 Page 75

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 5]

(ii) that, under section 643, the Regulator must refer

the application to the road manager for review;
(iii) that the decision of the road manager on the review
is not subject to further review or appeal under this
Law; and
(c) for a decision made by an authorised officer who is a
police officer, or a road manager (for a road) that is not a
public authority, means that the decision is not subject to
review or appeal under this Law.
review application, for the purposes of Chapter 11, has the
meaning given by section 640.
review decision, for the purposes of Chapter 11, has the
meaning given by section 640.
reviewable decision has the meaning given by section 640.
reviewer, for the purposes of Chapter 11, has the meaning
given by section 640.
rigid, other than in the definition articulated bus, means not
articulated.
risk category—
(a) for a contravention of a mass, dimension or loading
requirement, means 1 of the following categories—
(i) minor risk breach;
(ii) substantial risk breach;
(iii) severe risk breach; or
(b) for a contravention of a maximum work requirement or
minimum rest requirement, means 1 of the following
categories—
(i) minor risk breach;
(ii) substantial risk breach;
(iii) severe risk breach;
(iv) critical risk breach.

Page 76 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 5]

road has the meaning given by section 8.

Note—
See also section 13.
road authority, for a participating jurisdiction, means an
entity that is declared by a law of that jurisdiction to be the
road authority for that jurisdiction for the purposes of this
Law.
road condition has the meaning given by section 154.
road infrastructure includes—
(a) a road, including its surface or pavement; and
(b) anything under or supporting a road or its surface or
pavement; and
(c) any bridge, tunnel, causeway, road-ferry, ford or other
work or structure forming part of a road system or
supporting a road; and
(d) any bridge or other work or structure located above, in
or on a road; and
(e) any traffic control devices, railway equipment,
electricity equipment, emergency telephone systems or
any other facilities (whether of the same or a different
kind) in, on, over, under or connected with anything
mentioned in paragraphs (a) to (d).
road manager, for a road in a participating jurisdiction,
means an entity that is declared by a law of that jurisdiction to
be the road manager for the road for the purposes of this Law.
road-related area has the meaning given by section 8.
Road Rules, for a participating jurisdiction, means the law
that is declared by a law of that jurisdiction to be the Road
Rules for the purposes of this Law.
road train means—
(a) a B-triple; or

Current as at 19 February 2024 Page 77

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 5]

(b) a combination, other than a B-double, consisting of a

motor vehicle towing at least 2 trailers, excluding any
converter dolly supporting a semitrailer.

Typical triple road train

road transport means transport by road.
Road Vehicle Standards Act 2018 means the Road Vehicle
Standards Act 2018 of the Commonwealth.
route assessment, for the purposes of Part 4.7, has the
meaning given by section 154.
safer freight vehicle has the meaning given by section
153A(2).
safety duty means a duty imposed under any of the following
provisions—
(a) section 26C;
(b) section 26E(1) or (2);
(c) section 89(1);
(d) section 93(1), (2) or (3);
(e) section 129(1), (2) or (3);
(f) section 137;
(g) section 150(1);
(h) section 153A(1);
(i) section 186(2), (3), (4) or (5);
(j) section 187(2) or (3);
(k) section 335(1);
(l) section 336(1);
(m) section 337(2);
(n) section 454(1) or (2);

Page 78 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 5]

(o) section 467;

(p) section 470(2), (3) or (4);
(q) section 604;
(r) section 610.
safety risk means a risk—
(a) to public safety; or
(b) of harm to the environment.
schedule, for the driver of a heavy vehicle, means—
(a) the schedule for the transport of any goods or passengers
by the vehicle; or
(b) the schedule of the driver’s work times and rest times.
scheduler, for a heavy vehicle, means a person who—
(a) schedules the transport of any goods or passengers by
the vehicle; or
(b) schedules the work times and rest times of the vehicle’s
driver.
second edition ADR means an ADR incorporated in the
document described as the ‘Australian Design Rules for
Motor Vehicle Safety, Second Edition’ originally published
by the former Commonwealth Department of Transport.
self-clearing defect notice means a notice complying with the
requirements for a self-clearing defect notice under
section 527.
self-employed driver, of a heavy vehicle, means a driver of the
vehicle who is not an employed driver of the vehicle.
semitrailer means a trailer that has—
(a) 1 axle group or a single axle towards the rear; and
(b) a means of attachment to a prime mover that results in
some of the mass of the trailer’s load being imposed on
the prime mover.
severe risk breach—
Current as at 19 February 2024 Page 79
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 5]

(a) for a mass requirement—has the meaning given by

section 100; or
(b) for a dimension requirement—has the meaning given by
section 107; or
(c) for a loading requirement—has the meaning given by
section 114; or
(d) for a maximum work requirement or minimum rest
requirement—has the meaning given by section 222(3).
severe risk breach lower limit—
(a) for the purposes of Division 2 of Part 4.2, has the
meaning given by section 97; or
(b) for the purposes of Division 2 of Part 4.3, has the
meaning given by section 104.
sign of fatigue, for the purposes of Chapter 6, has the
meaning given by section 221.
single axle means—
(a) 1 axle; or
(b) 2 axles with centres between transverse, parallel,
vertical planes spaced less than 1.0m apart.
solo driver, for the purposes of Chapter 6, has the meaning
given by section 221.
speed limit means—
(a) a speed limit applying under this Law, the Road Rules or
another law; and
(b) when used in the context of a speed limit applying to the
driver of a heavy vehicle—a speed limit applying to the
driver or the vehicle (or both) under this Law, the Road
Rules or another law (whether it applies specifically to
the particular driver or the particular vehicle or it applies
to all drivers or vehicles or to a class of drivers or
vehicles to which the driver or vehicle belongs).

Page 80 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 5]

Note—
A reference to a speed limit applying under this Law, the Road Rules or
another law covers both—
• a speed limit specified in this Law, the Road Rules or other law
• a speed limit specified in an instrument, or in some other manner,
under this Law, the Road Rules or other law (for example, a speed
limit specified in a permit or a Commonwealth Gazette notice)
standard hours, for the purposes of Chapter 6, has the
meaning given by section 249.
Standards Australia means Standards Australia Limited CAN
087 326 690, and includes a reference to the Standards
Association of Australia as constituted before 1 July 1999.
stationary rest time has the meaning given by section 221.
substantial risk breach—
(a) for a mass requirement—has the meaning given by
section 99; or
(b) for a dimension requirement—has the meaning given by
section 106; or
(c) for a loading requirement—has the meaning given by
section 113; or
(d) for a maximum work requirement or minimum rest
requirement—has the meaning given by section 222(2).
substantial risk breach lower limit—
(a) for the purposes of Division 2 of Part 4.2, has the
meaning given by section 97; or
(b) for the purposes of Division 2 of Part 4.3, has the
meaning given by section 104.
suitable rest place, for fatigue-regulated heavy vehicles,
means—
(a) a rest area designated for use, and able to be used, by
fatigue-regulated heavy vehicles; or
(b) a place at which a fatigue-regulated heavy vehicle may
be safely and lawfully parked.
Current as at 19 February 2024 Page 81
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 5]

supervisory intervention order has the meaning given by

section 600(1).
supplementary record, for the purposes of Chapter 6, has the
meaning given by section 221.
tamper—
(a) with an emission control system, for the purposes of
section 91, has the meaning given by that section; or
(b) with a plate or label, for the purposes of section 87A,
has the meaning given by that section; or
(c) with a speed limiter, for the purposes of section 93, has
the meaning given by that section; or
(d) with an approved electronic recording system, for the
purposes of Chapter 6, has the meaning given by
section 334; or
(e) with an approved intelligent transport system, for the
purposes of Chapter 7, has the meaning given by
section 403.
tandem axle group means a group of at least 2 axles, in which
the horizontal distance between the centre-lines of the
outermost axles is at least 1m but not more than 2m.
TCA means Transport Certification Australia Limited ACN
113 379 936.
Territory means the Australian Capital Territory or the
Northern Territory.
the State means the Crown in right of this jurisdiction, and
includes—
(a) the Government of this jurisdiction; and
(b) a Minister of the Crown in right of this jurisdiction; and
(c) a statutory corporation, or other entity, representing the
Crown in right of this jurisdiction.
third edition ADR means—

Page 82 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 5]

(a) a national standard under section 7 of the Motor Vehicle

Standards Act 1989; or
(b) a national road vehicle standard under section 12 of the
Road Vehicle Standards Act 2018.
third party insurance legislation means—
(a) legislation about compensation for third parties who are
injured or killed by the use of motor vehicles or trailers;
or
(b) legislation about payment of contributions towards
compensation of that kind; or
(c) legislation requiring public liability insurance.
this jurisdiction see the law of each participating jurisdiction
for the meaning of this term.
this Law means—
(a) this Law as it applies as a law of a participating
jurisdiction; or
(b) a law of a participating jurisdiction that—
(i) substantially corresponds to the provisions of this
Law; or
(ii) is prescribed by the national regulations for the
purposes of paragraph (a)(iii) of the definition
participating jurisdiction.
Note—
See also section 11.
tow truck means—
(a) a heavy motor vehicle that is—
(i) equipped with a crane, winch, ramp or other lifting
device; and
(ii) used or intended to be used for the towing of motor
vehicles; or
(b) a heavy motor vehicle to which is attached, temporarily
or otherwise, a trailer or device that is—
Current as at 19 February 2024 Page 83
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 5]

(i) equipped with a crane, winch, ramp or other lifting

device; and
(ii) used or intended to be used for the towing of motor
vehicles.
tractor means a motor vehicle used for towing purposes, other
than—
(a) a motor vehicle designed to carry goods or passengers;
or
(b) a tow truck.
traffic includes vehicular traffic, pedestrian traffic and all
other forms of road traffic.
trailer means a vehicle that is built to be towed, or is towed,
by a motor vehicle, but does not include a motor vehicle being
towed.
transport activities means activities, including business
practices and making decisions, associated with the use of a
heavy vehicle on a road, including, for example—
(a) contracting, directing or employing a person—
(i) to drive the vehicle; or
(ii) to carry out another activity associated with the use
of the vehicle (such as maintaining or repairing the
vehicle); or
(b) consigning goods for transport using the vehicle; or
(c) scheduling the transport of goods or passengers using
the vehicle; or
(d) packing goods for transport using the vehicle; or
(e) managing the loading of goods onto or unloading of
goods from the vehicle; or
(f) loading goods onto or unloading goods from the vehicle;
or
(g) receiving goods unloaded from the vehicle.
transport documentation means each of the following—
Page 84 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 5]

(a) each contractual document directly or indirectly

associated with—
(i) a transaction for the actual or proposed road
transport of goods or passengers or any previous
transport of the goods or passengers by any
transport method; or
(ii) goods or passengers, to the extent the document is
relevant to the transaction for their actual or
proposed road transport;
(b) each document—
(i) contemplated in a contractual document mentioned
in paragraph (a); or
(ii) required by law, or customarily given, in
connection with a contractual document or
transaction mentioned in paragraph (a).
Examples—
• bill of lading
• consignment note
• container weight declaration
• contract of carriage
• delivery order
• export receival advice
• invoice
• load manifest
• sea carriage document
• vendor declaration
Note—
See the definition document in section 12 of Schedule 1.
travel condition has the meaning given by section 154.
tri-axle group means a group of at least 3 axles, in which the
horizontal distance between the centre-lines of the outermost
axles is more than 2m but not more than 3.2m.

Current as at 19 February 2024 Page 85

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 5]

truck means a rigid motor vehicle built mainly as a load

carrying vehicle.
twinsteer axle group means a group of 2 axles—
(a) with single tyres; and
(b) fitted to a motor vehicle; and
(c) connected to the same steering mechanism; and
(d) the horizontal distance between the centre-lines of
which is at least 1m but not more than 2m.
two-up driving arrangement, for the purposes of Chapter 6,
has the meaning given by section 221.
unattended, for a heavy vehicle, for the purposes of
Division 3 of Part 9.3, has the meaning given by section 515.
under, for a law or a provision of a law, includes—
(a) by; and
(b) for the purposes of; and
(c) in accordance with; and
(d) within the meaning of.
unincorporated body includes an unincorporated local
government authority, but does not include an unincorporated
partnership.
unincorporated local government authority means a local
government authority that is not a body corporate.
unload and unloader—
A person unloads goods in a heavy vehicle, and is an unloader
of goods in a heavy vehicle, if the person is a person who—
(a) unloads from the vehicle, or any container that is in or
part of the vehicle, goods that have been transported by
road; or
(b) unloads from the vehicle a freight container, whether or
not it contains goods, that has been transported by road.

Page 86 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 5]

unregistered heavy vehicle means a heavy vehicle that is not

registered.
unregistered heavy vehicle permit means a permit granted or
issued under an Australian road law authorising the use of an
unregistered heavy vehicle on a road.
use, a heavy vehicle on a road, includes standing the vehicle
on the road.
vehicle condition has the meaning given by section 154.
vehicle defect notice means a major defect notice, minor
defect notice or self-clearing defect notice.
vehicle identifier, for the purposes of Division 6 of Part 9.3,
has the meaning given by section 525.
vehicle standards exemption means—
(a) vehicle standards exemption (notice); or
(b) vehicle standards exemption (permit).
vehicle standards exemption (notice) has the meaning given
by section 61(2).
vehicle standards exemption (permit) has the meaning given
by section 68(2).
VIN (vehicle identification number), for a heavy vehicle,
means—
(a) for a heavy vehicle built before 1 January 1989 that has
an identification plate, the number quoted on the
vehicle’s identification plate that—
(i) uniquely identifies the vehicle and sets it apart
from similar vehicles; and
(ii) corresponds to the identification number of the
vehicle that is permanently recorded elsewhere on
the vehicle; or
(b) for a heavy vehicle built on or after 1 January 1989 that
was given an approval under the Motor Vehicle
Standards Act 1989 or is given an approval under the
Road Vehicle Standards (Consequential and
Current as at 19 February 2024 Page 87
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 5]

Transitional Provisions) Act 2018 of the

Commonwealth, the unique vehicle identification
number assigned to the vehicle—
(i) at the time the vehicle was manufactured, in
accordance with a third edition ADR; or
(ii) by the department of government of the
Commonwealth in which the Motor Vehicle
Standards Act 1989 was previously administered;
or
(c) otherwise, the unique number assigned to the heavy
vehicle—
(i) at the time the vehicle was manufactured, in
accordance with an ADR that is a national road
vehicle standard under section 12 of the Road
Vehicle Standards Act 2018; or
(ii) by the department of government of the
Commonwealth in which the Road Vehicle
Standards Act 2018 is administered.
work, in relation to a fatigue-regulated heavy vehicle, has the
meaning given by section 221.
work and rest change, for the purposes of Chapter 6, has the
meaning given by section 221.
work and rest hours exemption means—
(a) a work and rest hours exemption (notice); or
(b) a work and rest hours exemption (permit).
work and rest hours exemption (notice) has the meaning
given by section 266(2).
work and rest hours exemption (permit) has the meaning
given by section 273(2).
work and rest hours option, for the purposes of Chapter 6,
has the meaning given by section 243.
work diary, for the purposes of Chapter 6, has the meaning
given by section 221.
Page 88 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 6]

work diary exemption means—

(a) a work diary exemption (notice); or
(b) a work diary exemption (permit).
work diary exemption (notice) has the meaning given by
section 357(2).
work diary exemption (permit) has the meaning given by
section 363(2).
work record, for the purposes of Chapter 6, has the meaning
given by section 221.
work time, for the purposes of Chapter 6, has the meaning
given by section 221.
written work diary, for the purposes of Chapter 6, has the
meaning given by section 221.

6 Meaning of heavy vehicle

(1) For the purposes of this Law, a vehicle is a heavy vehicle if it
has a GVM or ATM of more than 4.5t.
(2) Also, for the purposes of this Law, a combination that
includes a vehicle with a GVM or ATM of more than 4.5t is a
heavy vehicle.
(3) However, rolling stock is not a heavy vehicle for the purposes
of this Law.
(4) In this section—
rolling stock—
1 Rolling stock is a vehicle designed to operate or move
on a railway track and includes a locomotive, carriage,
rail car, rail motor, light rail vehicle, tram, light
inspection vehicle, self-propelled infrastructure
maintenance vehicle, trolley, wagon or monorail
vehicle.
2 A vehicle designed to operate both on and off a railway
track is rolling stock when the vehicle is being—
Current as at 19 February 2024 Page 89
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 7]

(a) operated or moved on a railway track; or

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

7 Meaning of fatigue-regulated heavy vehicle

(1) For the purposes of this Law, a heavy vehicle is a
fatigue-regulated heavy vehicle if it is any of the following—
(a) a motor vehicle with a GVM of more than 12t;
(b) a combination with a GVM of more than 12t;
(c) a fatigue-regulated bus.
(2) However, subject to subsection (3), a heavy vehicle is not a
fatigue-regulated heavy vehicle for the purposes of this Law
if it is any of the following—
(a) a motor vehicle that—
(i) is built, or has been modified, to operate primarily
as a machine or implement off-road, on a
road-related area, or on an area of road that is
under construction; and
(ii) is not capable of carrying goods or passengers by
road;
Examples for the purposes of paragraph (a)—
agricultural machine, backhoe, bulldozer, excavator, forklift,
front-end loader, grader, motor vehicle registered under an
Australian road law as a special purpose vehicle (type p)
(b) a motorhome.
(3) For the purposes of this Law, a truck, or a combination
including a truck, that has a machine or implement attached to
it is a fatigue-regulated heavy vehicle—
(a) if the GVM of the truck or combination with the
attached machine or implement is more than 12t; and
(b) whether or not the truck or combination has been built
or modified primarily to operate as a machine or
Page 90 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 8]

implement off-road, on a road-related area, or on an area

of road that is under construction.
Example for the purposes of subsection (3)—
a truck to which a crane or drilling rig is attached
(4) For the purposes of subsection (2)(b), a motorhome—
(a) is a rigid or articulated motor vehicle or combination
that is built, or has been modified, primarily for
residential purposes; and
(b) does not include a motor vehicle that is merely a motor
vehicle constructed with a sleeper berth.
(5) For the purposes of this section, the GVM of a combination is
the total of the GVMs of the vehicles in the combination.

8 Meaning of road and road-related area

(1) For the purposes of this Law, a road is an area that is open to
or used by the public and is developed for, or has as 1 of its
uses, the driving or riding of motor vehicles.
Examples of areas that are roads—
bridges, cattle grids, culverts, ferries, fords, railway crossings, tunnels
or viaducts
(2) For the purposes of this Law, a road-related area is—
(a) an area that divides a road; or
(b) a footpath, shared path or nature strip adjacent to a road;
or
(c) a shoulder of a road; or
(d) a bicycle path or another area that is not a road and that
is open to the public and designated for use by cyclists
or animals; or
(e) an area that is not a road and that is open to, or used by,
the public for driving, riding or parking motor vehicles.
(3) Also, an area is a road or road-related area for the purposes
of this Law or a particular provision of this Law as applied in
a participating jurisdiction, if the area is declared by a law of
Current as at 19 February 2024 Page 91
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 9]

that jurisdiction to be a road or road-related area for the

purposes of this Law or the particular provision.
(4) In this section—
bicycle path means an area open to the public that is
designated for, or has as 1 of its main uses, use by riders of
bicycles.
footpath means an area open to the public that is designated
for, or has as 1 of its main uses, use by pedestrians.
shared path means an area open to the public that is
designated for, or has as 1 of its main uses, use by both the
riders of bicycles and pedestrians.
shoulder, of a road—
(a) includes any part of the road that is not designed to be
used by motor vehicles in travelling along the road; and
(b) includes—
(i) for a kerbed road-any part of the kerb; and
(ii) for a sealed road-any unsealed part of the road, and
any sealed part of the road outside an edge line on
the road; but
(c) does not include a bicycle path, footpath or shared path.

9 Meaning of convicts and convicted of an offence

(1) For the purposes of this Law, a court convicts a person of an
offence if the court finds the person guilty, or accepts the
person’s plea of guilty, for the offence whether or not a
conviction is recorded.
(2) For the purposes of this Law, a person is convicted of an
offence if a court convicts the person of the offence.

10 Interpretation generally
Schedule 1 applies in relation to this Law.

Page 92 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 11]

11 References to laws includes references to instruments

made under laws
(1) In this Law, a reference (either generally or specifically) to a
law or a provision of a law (including this Law) includes a
reference to—
(a) each instrument (including a regulation) made or in
force under the law or provision; and
(b) each instrument made or in force under any such
instrument.
(2) In this section—
law means a law of the Commonwealth or a State or Territory.

12 References to this Law as applied in a participating

jurisdiction
In this Law, a reference to this Law as applied by an Act of a
participating jurisdiction includes a reference to—
(a) a law that substantially corresponds to this Law enacted
in a participating jurisdiction; and
(b) a law prescribed by the national regulations for the
purposes of paragraph (a)(iii) of the definition
participating jurisdiction in section 5, enacted in a
participating jurisdiction.

13 References to road
A reference in this Law to a road includes a reference to a
road-related area, unless a contrary intention appears in this
Law.

14 References to particular ADR versions

A reference in this Law to an ADR followed by a number is a
reference to—

Current as at 19 February 2024 Page 93

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 15]

(a) if the reference is to a second edition ADR—the ADR

of that number in the ‘Australian Design Rules for
Motor Vehicle Safety, Second Edition’; or
(b) otherwise—the ADR of that number referenced in the
relevant standard.

15 References to categories of heavy vehicles

If a provision of this Law provides for the exemption,
authorisation, prescription or description of a category of
heavy vehicles, heavy vehicles may, without limitation, be
categorised for the purposes of the provision as being of any
stated class, including, for example—
(a) a class of heavy vehicles used for a particular task; and
(b) a class of heavy vehicles used by particular persons or a
particular class of persons; and
(c) a class of heavy vehicles with a particular configuration.

Part 1.3 Application and operation of

Law

16 Extraterritorial operation of Law

It is the intention of the Parliament of this jurisdiction that the
operation of this Law is, as far as possible, to include
operation in relation to the following—
(a) things situated in or outside the territorial limits of this
jurisdiction;
(b) acts, transactions and matters done, entered into or
occurring in or outside the territorial limits of this
jurisdiction;
(c) things, acts, transactions and matters (wherever situated,
done, entered into or occurring) that would, apart from
this Law, be governed or otherwise affected by the law
of another jurisdiction.
Page 94 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 17]

17 Law binds the State

(1) This Law binds the State.
(2) No criminal liability attaches to the State itself (as distinct
from its agents, instrumentalities, officers and employees)
under this Law.

18 Relationship with primary work health and safety laws

(1) If a provision of this Law and a provision of the primary WHS
Law deal with the same thing, and it is possible to comply
with both provisions, a person must comply with both
provisions.
(1A) However, to the extent it is not possible for the person to
comply with both provisions, the person must comply with
the provision of the primary WHS Law.
(2) Evidence of a relevant contravention of this Law is admissible
in any proceeding for an offence against the primary WHS
Law.
(3) Compliance with this Law, or with any requirement imposed
under this Law, is not, in itself, evidence that a person has
complied with the primary WHS Law or any regulations made
under that Law or with a common law duty of care.
(3A) If an act, omission or circumstances constitute an offence
under this Law and the primary WHS Law, the offender is not
liable to be punished twice for the act, omission or
circumstances.
(4) In this section—
primary WHS Law, for a participating jurisdiction, means the
law that is declared by a law of that jurisdiction to be the
primary WHS Law for the purposes of this Law.
Note—
‘WHS’ stands for workplace health and safety.

Current as at 19 February 2024 Page 95

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 19]

Part 1.4 Performance based standards

19 Main purpose of this Part

(1) The main purposes of this Part and other associated provisions
of this Law are to enable PBS vehicles that meet a particular
performance level to operate (unless otherwise specified by
the responsible Minister) on roads that are authorised to be
used by PBS vehicles that meet or exceed that performance
level.
(2) It is intended that authorisations or exemptions can be granted
under this Law for PBS vehicles.

20 Notification to road authority of PBS design approval

The Regulator must, as soon as practicable, notify the road
authority for this jurisdiction, in writing, of a PBS design
approval, together with a description of the significant
features of the design to which the approval relates.

21 Notification by responsible Minister of non-application or

restricted application of PBS design approval
(1) The responsible Minister for this jurisdiction may notify the
Regulator in writing that any heavy vehicle built to a design
that is the subject of a PBS design approval—
(a) is not to be permitted to operate in this jurisdiction; or
(b) is only to be permitted to operate in this jurisdiction
subject to stated conditions.
(2) A notice under this section can not be about—
(a) a particular person; or
(b) a particular heavy vehicle.
(3) A notice under this section is not valid for the purposes of this
Law if it does not set out reasons for why it has been issued.

Page 96 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 22]

(4) On receiving a notice under this section, the Regulator must

give a copy of the notice to the person who was given the PBS
design approval.
(5) On receiving a notice under this section, the Regulator must
accordingly impose on the PBS design approval—
(a) a condition giving effect to subsection (1)(a); or
(b) the stated conditions referred to in subsection (1)(b).

22 Application for PBS design approval

(1) An application for a PBS design approval for the design of a
type of heavy vehicle may be made to the Regulator.
(2) In assessing the application, the Regulator must have regard
to—
(a) the approved guidelines relevant to the grant of PBS
design approvals; and
(b) any performance based standards and assessment rules
prescribed in the national regulations for the purposes of
this paragraph; and
(c) the advice of the PBS Review Panel in relation to the
application.
(3) Having assessed the application, the Regulator must approve
or reject the application.
(4) The Regulator may approve the application subject to any
condition the Regulator considers appropriate.
(5) The PBS design approval must state the conditions (if any) to
which it is subject under subsection (4) or section 21(5).

23 Application for PBS vehicle approval

(1) An application for a PBS vehicle approval for a heavy vehicle
may be made to the Regulator.
(2) In assessing the application, the Regulator must have regard
to—
Current as at 19 February 2024 Page 97
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 24]

(a) the approved guidelines relevant to the grant of PBS

vehicle approvals; and
(b) any vehicle certification rules prescribed in the national
regulations for the purposes of this paragraph; and
(c) the advice of the PBS Review Panel in relation to the
application.
(3) Having assessed the application, the Regulator must approve
or reject the application.
(4) The Regulator may approve the application subject to
conditions included in the PBS design approval to which the
heavy vehicle is built.
(5) The PBS vehicle approval must state the conditions (if any) to
which—
(a) the PBS vehicle approval is subject under
subsection (4); and
(b) the relevant PBS design approval is subject under
section 21(5).
(5A) The PBS vehicle approval must state the performance level
for the approval.
(6) A PBS vehicle approval can not be given for a class 1 heavy
vehicle.

24 Exemption from stated vehicle standards

(1) A PBS vehicle approval for a heavy vehicle may provide that
the vehicle is exempt from stated vehicle standards.
(2) Subsection (1) applies only to vehicle standards of a kind
prescribed by the national regulations for the purposes of this
section.
Note—
See section 60(6).

Page 98 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 1 Preliminary

[s 25]

25 Authorisation of different mass or dimension

requirement
(1) A PBS vehicle approval for a heavy vehicle may provide that
the vehicle is authorised to have a mass limit that exceeds a
limit that would otherwise apply to the vehicle under a
prescribed mass requirement.
Note—
See section 96(4).
(2) A PBS vehicle approval for a heavy vehicle may provide that
the vehicle is authorised to have a dimension that exceeds a
dimension limit that would otherwise apply to the vehicle
under a prescribed dimension requirement.
Note—
See section 102(4).

25A Keeping copy of PBS vehicle approval while driving

(1) The driver of a PBS vehicle must keep a copy of the PBS
vehicle approval in the driver’s possession while driving the
PBS vehicle.
Maximum penalty—$3000.
(2) Each relevant party for a driver mentioned in subsection (1)
must ensure the driver complies with subsection (1), unless
the relevant party has a reasonable excuse.
Maximum penalty—$3000.
(3) In this section—
relevant party, for the driver of a PBS vehicle, means—
(a) an employer of the driver if the driver is an employed
driver; or
(b) a prime contractor of the driver if the driver is a
self-employed driver; or
(c) an operator of the vehicle if the driver is making a
journey for the operator.

Current as at 19 February 2024 Page 99

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 1A Safety duties

[s 26]

26 National regulations
The national regulations may provide for—
(a) the procedures for determining an application for a PBS
design approval or a PBS vehicle approval, including,
for example, providing for the time for making a
decision on the application, the fee for the application
and forms relating to the application; and
(b) the procedures for cancelling or modifying a PBS
design approval or PBS vehicle approval; and
(c) performance based standards, and assessment and
certification rules, relating to PBS design approvals or
PBS vehicle approvals; and
(d) the appointment, functions and management of persons
as PBS assessors and PBS vehicle certifiers.

Chapter 1A Safety duties

Part 1A.1 Principles

26A Principle of shared responsibility

(1) The safety of transport activities relating to a heavy vehicle is
the shared responsibility of each party in the chain of
responsibility for the vehicle.
(2) The level and nature of a party’s responsibility for a transport
activity depends on—
(a) the functions the person performs or is required to
perform, whether exclusively or occasionally, rather
than—
(i) the person’s job title; or

Page 100 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 1A Safety duties

[s 26B]

(ii) the person’s functions described in a written

contract; and
(b) the nature of the public risk created by the carrying out
of the transport activity; and
(c) the party’s capacity to control, eliminate or minimise the
risk.

26B Principles applying to duties

(1) A person may have more than 1 duty because of the functions
the person performs or is required to perform.
(2) More than 1 person can concurrently have a duty under this
Law and each duty holder must comply with that duty to the
standard required by this Law even if another duty holder has
the same duty.
(3) If more than 1 person has a duty for the same matter, each
person—
(a) retains responsibility for the person’s duty in relation to
the matter; and
(b) must discharge the person’s duty to the extent to which
the person—
(i) has the capacity to influence and control the
matter; or
(ii) would have had that capacity but for an agreement
or arrangement purporting to limit or remove that
capacity.
(4) A duty under this Law may not be transferred to another
person.

Current as at 19 February 2024 Page 101

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 1A Safety duties

[s 26C]

Part 1A.2 Nature of duty

26C Primary duty

(1) Each party in the chain of responsibility for a heavy vehicle
must ensure, so far as is reasonably practicable, the safety of
the party’s transport activities relating to the vehicle.
(2) Without limiting subsection (1), each party must, so far as is
reasonably practicable—
(a) eliminate public risks and, to the extent it is not
reasonably practicable to eliminate public risks,
minimise the public risks; and
(b) ensure the party’s conduct does not directly or indirectly
cause or encourage—
(i) the driver of the heavy vehicle to contravene this
Law; or
(ii) the driver of the heavy vehicle to exceed a speed
limit applying to the driver; or
(iii) another person, including another party in the
chain of responsibility, to contravene this Law.
(3) For subsection (2)(b), the party’s conduct includes, for
example—
(a) the party asking, directing or requiring another person to
do, or not do, something; and
(b) the party entering into a contract—
(i) with another person for the other person to do, or
not do, something; or
(ii) that purports to annul, exclude, restrict or
otherwise change the effect of this Law.

Page 102 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 1A Safety duties

[s 26D]

26D Duty of executive of legal entity

(1) If a legal entity has a safety duty, an executive of the legal
entity must exercise due diligence to ensure the legal entity
complies with the safety duty.
Maximum penalty—the penalty for a contravention of the
provision by an individual.
(2) The executive may be convicted of an offence against
subsection (1) even if the legal entity has not been proceeded
against for, or convicted of, an offence relating to the safety
duty.
(2A) Subsection (1) does not apply to an executive of the legal
entity acting on a voluntary basis, whether or not the executive
is reimbursed for the expenses incurred by the executive for
carrying out activities for the legal entity.
(3) In this section—
due diligence includes taking reasonable steps—
(a) to acquire, and keep up to date, knowledge about the
safe conduct of transport activities; and
(b) to gain an understanding of—
(i) the nature of the legal entity’s transport activities;
and
(ii) the hazards and risks, including the public risk,
associated with those activities; and
(c) to ensure the legal entity has, and uses, appropriate
resources to eliminate or minimise those hazards and
risks; and
(d) to ensure the legal entity has, and implements,
processes—
(i) to eliminate or minimise those hazards and risks;
and
(ii) for receiving, considering, and responding in a
timely way to, information about those hazards and
risks and any incidents; and
Current as at 19 February 2024 Page 103
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 1A Safety duties

[s 26E]

(iii) for complying with the legal entity’s safety duties;

and
(e) to verify the resources and processes mentioned in
paragraphs (c) and (d) are being provided, used and
implemented.
executive, of a legal entity, means—
(a) for a corporation—an executive officer of the
corporation; or
(b) for an unincorporated partnership—a partner in the
partnership; or
(c) for an unincorporated body—a management member of
the body.
legal entity means—
(a) a corporation; or
(b) an unincorporated partnership; or
(c) an unincorporated body.

26E Prohibited requests and contracts

(1) A person must not ask, direct or require (directly or indirectly)
the driver of a heavy vehicle or a party in the chain of
responsibility to do or not do something the person knows, or
ought reasonably to know, would have the effect of causing
the driver—
(a) to exceed a speed limit applying to the driver; or
(b) to drive a fatigue-regulated heavy vehicle while
impaired by fatigue; or
(c) to drive a fatigue-regulated heavy vehicle while in
breach of the driver’s work and rest hours option; or
(d) to drive a fatigue-regulated heavy vehicle in breach of
another law in order to avoid driving while impaired by
fatigue or while in breach of the driver’s work and rest
hours option.
Page 104 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 1A Safety duties

[s 26F]

Maximum penalty—$10000.
(2) A person must not enter into a contract with the driver of a
heavy vehicle or a party in the chain of responsibility that the
person knows, or ought reasonably to know, would have the
effect of causing the driver, or would encourage the driver, or
would encourage a party in the chain of responsibility to cause
the driver—
(a) to exceed a speed limit applying to the driver; or
(b) to drive a fatigue-regulated heavy vehicle while
impaired by fatigue; or
(c) to drive a fatigue-regulated heavy vehicle while in
breach of the driver’s work and rest hours option; or
(d) to drive a fatigue-regulated heavy vehicle in breach of
another law in order to avoid driving while impaired by
fatigue or while in breach of the driver’s work and rest
hours option.
Maximum penalty—$10000.
Note—
See section 632 for the matters a court may consider when deciding
whether a person ought reasonably to have known something.

Part 1A.3 Failing to comply with duty

26F Category 1 offence

(1) A person commits an offence if—
(a) the person has a duty under section 26C; and
(b) the person, without a reasonable excuse, engages in
conduct related to the duty that exposes an individual to
a risk of death or serious injury or illness; and
(c) the person is reckless as to the risk.
Maximum penalty—

Current as at 19 February 2024 Page 105

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 1A Safety duties

[s 26G]

(a) if an individual commits the offence—$300000 or 5

years imprisonment or both; or
(b) if a corporation commits the offence—$3000000.
(2) The prosecution bears the burden of proving that the conduct
was engaged in without reasonable excuse.

26G Category 2 offence

A person commits an offence if—
(a) the person has a duty under section 26C; and
(b) the person contravenes the duty; and
(c) the person’s contravention exposes an individual, or
class of individuals, to a risk of death or serious injury
or illness.
Maximum penalty—
(a) if an individual commits the offence—$150000; or
(b) if a corporation commits the offence—$1500000.

26H Category 3 offence

A person commits an offence if—
(a) the person has a duty under section 26C; and
(b) the person contravenes the duty.
Maximum penalty—
(a) if an individual commits the offence—$50000; or
(b) if a corporation commits the offence—$500000.

Page 106 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 3 Vehicle operations—standards and safety

[s 58]

Chapter 3 Vehicle
operations—standards and
safety

Part 3.1 Preliminary

58 Main purpose of Ch 3
The main purpose of this Chapter is to ensure heavy vehicles
used on roads are of a standard and in a condition that
prevents or minimises safety risks.

Part 3.2 Compliance with heavy vehicle

standards

Division 1 Requirements

59 Heavy vehicle standards

(1) The national regulations may prescribe vehicle standards
(heavy vehicle standards) with which heavy vehicles must
comply to use roads.
(2) Without limiting subsection (1), the heavy vehicle standards
may include requirements applying to—
(a) heavy vehicles; or
(b) components of heavy vehicles, including component
vehicles that are not heavy vehicles; or
(c) equipment of heavy vehicles.
(3) The national regulations may prescribe exemptions or
different requirements for component vehicles that are not
heavy vehicles.

Current as at 19 February 2024 Page 107

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 3 Vehicle operations—standards and safety

[s 60]

60 Compliance with heavy vehicle standards

(1) A person must not use, or permit to be used, on a road a heavy
vehicle that contravenes a heavy vehicle standard applying to
the vehicle.
Maximum penalty—
(a) $3000, except as provided in paragraph (b); or
(b) $6000, for contravention of a heavy vehicle standard
relating to a speed limiter.
(2) Subsection (1) does not apply to—
(a) a heavy vehicle that—
(i) is on a journey to a place for the repair of the
vehicle, or any of its components or equipment,
and is travelling on the most direct or convenient
route to that place from the place where the
journey began; and
Note for the purposes of subparagraph (i)—
The subparagraph does not operate to exempt a person
from complying with the requirements of a vehicle defect
notice applying to the vehicle.
(ii) does not have any goods in it; and
(iii) is used on a road in a way that does not pose a
safety risk; or
(b) a heavy vehicle that—
(i) is on a road for testing or analysis of the vehicle, or
any of its components or equipment, by an
approved vehicle examiner for the purpose of
checking its compliance with the heavy vehicle
standards; and
(ii) does not have any passengers in it; and
(iii) does not have any goods in it, unless—
(A) it has a quantity of goods that is necessary or
appropriate for the conduct of the testing or
analysis; and
Page 108 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 3 Vehicle operations—standards and safety

[s 60]

(B) without limiting subparagraph (iv), there are

no reasonable grounds to believe the vehicle
laden with those goods poses a significant
safety risk; and
(iv) is used on a road in a way that does not pose a
safety risk.
(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 registration authority
for the heavy vehicle at the time the registration authority
registered the vehicle under an Australian road law.
(4) For the purposes of subsection (3), the registration authority is
taken to have known of the heavy vehicle’s noncompliance
with a heavy vehicle standard at the time the registration
authority registered the vehicle if the noncompliance was
mentioned in—
(a) an operations plate that was installed on the vehicle at
the time it was registered; or
(b) a certificate of approved operations issued for the
vehicle and in force at the time the vehicle was
registered; or
(c) a document obtained by the registration authority under
an Australian road law in connection with the
registering of the vehicle.
(5) Subsection (3) applies only if the heavy vehicle, and its use on
a road, complies with the conditions of the heavy vehicle’s
registration under an Australian road law.
(6) If a PBS vehicle is exempt from vehicle standards stated in its
PBS vehicle approval but it complies with the other applicable
vehicle standards, the vehicle is regarded for the purposes of
this Law as complying with the vehicle standards applying to
the vehicle.
Note—
See also section 81(4) to (6) for the effect of a vehicle standards
exemption on compliance with subsection (1).

Current as at 19 February 2024 Page 109

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 3 Vehicle operations—standards and safety

[s 61]

Division 2 Exemptions by Commonwealth

Gazette notice

61 Regulator’s power to exempt category of heavy vehicles

from compliance with heavy vehicle standard
(1) The Regulator may, by Commonwealth Gazette notice
complying with section 65, exempt, for a period of not more
than 5 years, a category of heavy vehicles from the
requirement to comply with a heavy vehicle standard.
(2) An exemption under subsection (1) is a vehicle standards
exemption (notice).

62 Restriction on grant of vehicle standards exemption

(notice)
(1) The Regulator may grant a vehicle standards exemption
(notice) for a category of heavy vehicles only if—
(a) 1 of the following applies—
(i) the Regulator is satisfied complying with the heavy
vehicle standard to which the exemption is to apply
would prevent heavy vehicles of that category from
operating in the way in which, or for the purpose
for which, the vehicles were built or modified;
(ii) the Regulator is satisfied heavy vehicles of that
category are experimental vehicles, prototypes or
similar vehicles that could not reasonably be
expected to comply with the heavy vehicle
standard to which the exemption is to apply;
(iii) the exemption has been requested by a road
authority for a participating jurisdiction for the use
of heavy vehicles of that category in that
jurisdiction;
(iv) the category of heavy vehicles consists of heavy
vehicles that, immediately before the
commencement of this section in a participating
Page 110 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 3 Vehicle operations—standards and safety

[s 63]

jurisdiction, were not required to comply with a

similar standard at that time and were—
(A) registered under an Australian road law of
that jurisdiction and not required to comply
with a similar standard at that time; or
(B) operating under an unregistered heavy
vehicle permit or exemption from
registration (however described) granted or
issued under an Australian road law of that
jurisdiction;
(v) the category of heavy vehicles consists of heavy
vehicles referred to in the national regulations for
the purposes of this subparagraph; and
(b) the Regulator is satisfied the use of heavy vehicles of the
category to which the exemption is to apply on a road
under the exemption will not pose a significant safety
risk.
(2) In deciding whether to grant a vehicle standards exemption
(notice), the Regulator must have regard to the approved
guidelines for granting vehicle standards exemptions.
(3) The national regulations may prescribe additional
requirements or restrictions regarding the granting of a
vehicle standards exemption (notice).

63 Conditions of vehicle standards exemption (notice)

A vehicle standards exemption (notice) may be subject to any
conditions the Regulator considers appropriate, including, for
example—
(a) conditions about protecting road infrastructure from
damage; and
(b) a condition that the driver of a heavy vehicle who is
driving the vehicle under the exemption must keep in the
driver’s possession a copy of—

Current as at 19 February 2024 Page 111

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 3 Vehicle operations—standards and safety

[s 64]

(i) the Commonwealth Gazette notice for the

exemption; or
(ii) an information sheet about the exemption
published by the Regulator on the Regulator’s
website.

64 Period for which vehicle standards exemption (notice)

applies
A vehicle standards exemption (notice)—
(a) takes effect—
(i) when the Commonwealth Gazette notice for the
exemption is published; or
(ii) if a later time is stated in the Commonwealth
Gazette notice, at the later time; and
(b) applies for the period stated in the Commonwealth
Gazette notice.

65 Requirements about Commonwealth Gazette notice

(1) A Commonwealth Gazette notice for a vehicle standards
exemption (notice) must state the following—
(a) the category of heavy vehicles to which the exemption
applies;
(b) the heavy vehicle standard to which the exemption
applies;
(c) the conditions of the exemption;
(d) the period for which the exemption applies.
(2) The Regulator must publish a copy of the Commonwealth
Gazette notice on the Regulator’s website.

Page 112 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 3 Vehicle operations—standards and safety

[s 66]

66 Amendment or cancellation of vehicle standards

exemption (notice)
(1) Each of the following is a ground for amending or cancelling
a vehicle standards exemption (notice)—
(a) the use of heavy vehicles on a road under the exemption
has caused, or is likely to cause, a significant safety risk;
(b) since the exemption was granted, there has been a
change in circumstances that were relevant to the
Regulator’s decision to grant the exemption and, had the
changed circumstances existed when the exemption was
granted, the Regulator would not have granted the
exemption, or would have granted the exemption subject
to conditions or different conditions.
(2) If the Regulator considers a ground exists to amend or cancel
a vehicle standards exemption (notice), the Regulator may
amend or cancel the exemption by complying with
subsections (3) to (5).
(3) The Regulator must publish a public notice—
(a) stating that the Regulator believes a ground mentioned
in subsection (1)(a) or (b) for amending or cancelling
the exemption exists; and
(b) outlining the facts and circumstances forming the basis
for the belief; and
(c) stating the action the Regulator is proposing to take
under this section (the proposed action); and
(d) inviting persons who will be affected by the proposed
action to make, within a stated time of at least 14 days
after the Commonwealth Gazette notice is published,
written representations about why the proposed action
should not be taken.
(4) If, after considering all written representations made under
subsection (3)(d), the Regulator still considers a ground exists
to take the proposed action, the Regulator may—
(a) if the proposed action was to amend the
exemption—amend the exemption, including, for
Current as at 19 February 2024 Page 113
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 3 Vehicle operations—standards and safety

[s 67]

example, by imposing additional conditions on the

exemption, in a way that is not substantially different
from the proposed action; or
(b) if the proposed action was to cancel the exemption—
(i) amend the exemption, including, for example, by
imposing additional conditions on the exemption;
or
(ii) cancel the exemption.
(5) The Regulator must publish a public notice of the amendment
or cancellation.
(6) The amendment or cancellation takes effect—
(a) 28 days after the Commonwealth Gazette notice is
published under subsection (5); or
(b) if a later time is stated in the Commonwealth Gazette
notice, at the later time.

67 Immediate suspension on Regulator’s initiative

(1) This section applies if the Regulator considers it is necessary
to suspend a vehicle standards exemption (notice)
immediately to prevent or minimise serious harm to public
safety or significant damage to road infrastructure.
(2) The Regulator may, by public notice, immediately suspend
the exemption until the earliest of the following—
(a) the end of 56 days after the day the public notice is
published;
(b) the Regulator publishes a notice under section 66(5) and
the amendment or cancellation takes effect under
section 66(6);
(c) the Regulator cancels the suspension by public notice.
(4) The suspension, and (where relevant) the cancellation of the
suspension, takes effect immediately after the Commonwealth
Gazette notice is published under subsection (3).
(5) This section applies despite section 66.
Page 114 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 3 Vehicle operations—standards and safety

[s 68]

Division 3 Exemptions by permit

68 Regulator’s power to exempt particular heavy vehicle

from compliance with heavy vehicle standard
(1) The Regulator may, by giving a person a permit as mentioned
in section 73, exempt a heavy vehicle from compliance with a
heavy vehicle standard for a period of not more than 3 years.
(2) An exemption under subsection (1) is a vehicle standards
exemption (permit).
(3) A vehicle standards exemption (permit) may apply to 1 or
more heavy vehicles.

69 Application for vehicle standards exemption (permit)

(1) A person may apply to the Regulator for a vehicle standards
exemption (permit).
(2) The application must be—
(a) in the approved form; and
(b) accompanied by the prescribed fee for the application.
(3) The Regulator may, by notice given to the applicant for a
vehicle standards exemption (permit), require the applicant to
give the Regulator any additional information the Regulator
reasonably requires to decide the application.

70 Restriction on grant of vehicle standards exemption

(permit)
(1) The Regulator may grant a vehicle standards exemption
(permit) for a heavy vehicle only if—
(a) 1 of the following applies—
(i) the Regulator is satisfied complying with the heavy
vehicle standard to which the exemption is to apply
would prevent the heavy vehicle from operating in

Current as at 19 February 2024 Page 115

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 3 Vehicle operations—standards and safety

[s 71]

the way in which, or for the purpose for which, the

vehicle was built or modified;
(ii) the Regulator is satisfied the heavy vehicle is an
experimental vehicle, prototype or similar vehicle
that could not reasonably be expected to comply
with the heavy vehicle standard to which the
exemption is to apply;
(iii) the heavy vehicle, immediately before the
commencement of this section in a participating
jurisdiction, was not required to comply with a
similar standard at that time and was—
(A) registered under an Australian road law of
that jurisdiction; or
(B) operating under an unregistered heavy
vehicle permit or exemption from
registration (however described) granted or
issued under an Australian road law of that
jurisdiction; and
(b) the Regulator is satisfied the use of the heavy vehicle on
a road under the exemption will not pose a significant
safety risk.
(2) In deciding whether to grant a vehicle standards exemption
(permit), the Regulator must have regard to the approved
guidelines for granting vehicle standards exemptions.

71 Conditions of vehicle standards exemption (permit)

A vehicle standards exemption (permit) may be subject to any
conditions the Regulator considers appropriate, including, for
example, a condition about protecting road infrastructure from
damage.

72 Period for which vehicle standards exemption (permit)

applies
(1) A vehicle standards exemption (permit) applies for the period
stated in the permit for the exemption.
Page 116 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 3 Vehicle operations—standards and safety

[s 73]

(2) The period may be less than the period sought by the applicant
for the vehicle standards exemption (permit).

73 Permit for vehicle standards exemption (permit) etc.

(1) If the Regulator grants a vehicle standards exemption (permit)
to a person, the Regulator must give the person—
(a) a permit for the exemption; and
(b) if the Regulator’s decision to grant the exemption for a
period or impose a condition on the exemption is a
reviewable decision—a notice stating the review and
appeal information for the decision.
Note—
Under section 641(6)(a), this notice must also state particular
information about obtaining a statement of reasons for the
decision.
(2) A permit for a vehicle standards exemption (permit) must
state the following—
(a) the name of the person to whom the permit is given;
(b) each heavy vehicle to which the exemption applies,
including the registration number of the vehicle if
known when the permit is given;
(c) the heavy vehicle standard to which the exemption
applies;
(d) the conditions of the exemption;
(e) the period for which the exemption applies.

74 Refusal of application for vehicle standards exemption

(permit)
If the Regulator refuses an application for a vehicle standards
exemption (permit), the Regulator must give the applicant an
information notice for the decision to refuse the application.

Current as at 19 February 2024 Page 117

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 3 Vehicle operations—standards and safety

[s 75]

75 Amendment or cancellation of vehicle standards

exemption (permit) on application by permit holder
(1) The holder of a permit for a vehicle standards exemption
(permit) may apply to the Regulator for an amendment or
cancellation of the exemption.
(2) The application must—
(a) be in the approved form; and
(b) be accompanied by the prescribed fee for the
application; and
(c) if the application is for an amendment—state clearly the
amendment sought and the reasons for the amendment;
and
(d) be accompanied by the permit.
(3) The Regulator may, by notice given to the applicant, require
the applicant to give the Regulator any additional information
the Regulator reasonably requires to decide the application.
(4) The Regulator must decide the application as soon as
practicable after receiving it.
(5) If the Regulator decides to grant the application—
(a) the Regulator must give the applicant notice of the
decision; and
(b) the amendment or cancellation takes effect—
(i) when notice of the decision is given to the
applicant; or
(ii) if a later time is stated in the notice, at the later
time; and
(c) if the Regulator amended the exemption, the Regulator
must give the applicant a replacement permit for the
exemption as amended.
(6) If the Regulator decides not to amend or cancel the exemption
as sought by the applicant, the Regulator must—
(a) give the applicant an information notice for the decision;
and
Page 118 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 3 Vehicle operations—standards and safety

[s 76]

(b) return the permit for the exemption to the applicant.

76 Amendment or cancellation of vehicle standards

exemption (permit) on Regulator’s initiative
(1) Each of the following is a ground for amending or cancelling
a vehicle standards exemption (permit)—
(a) the exemption was granted because of a document or
representation that was—
(i) false or misleading; or
(ii) obtained or made in an improper way;
(b) the holder of the permit for the exemption has
contravened a condition of the exemption;
(c) the use of a heavy vehicle on a road under the exemption
has caused, or is likely to cause, a significant safety risk;
(d) since the exemption was granted, there has been change
in the circumstances that were relevant to the
Regulator’s decision to grant the exemption and, had the
changed circumstances existed when the exemption was
granted, the Regulator would not have granted the
exemption, or would have granted the exemption subject
to conditions or different conditions.
(2) If the Regulator considers a ground exists to amend or cancel
a vehicle standards exemption (permit) (the proposed action),
the Regulator must give the holder of the permit for the
exemption a notice—
(a) stating the proposed action; and
(b) stating the ground for the proposed action; and
(c) outlining the facts and circumstances forming the basis
for the ground; and
(d) if the proposed action is to amend the exemption
(including a condition of the exemption)—stating the
proposed amendment; and

Current as at 19 February 2024 Page 119

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 3 Vehicle operations—standards and safety

[s 77]

(e) inviting the holder to make, within a stated time of at

least 14 days after the notice is given to the holder,
written representations about why the proposed action
should not be taken.
(3) If, after considering all written representations made under
subsection (2)(e), the Regulator still considers a ground exists
to take the proposed action, the Regulator may—
(a) if the proposed action was to amend the
exemption—amend the exemption, including, for
example, by imposing additional conditions on the
exemption, in a way that is not substantially different
from the proposed action; or
(b) if the proposed action was to cancel the exemption—
(i) amend the exemption, including, for example, by
imposing additional conditions on the exemption;
or
(ii) cancel the exemption.
(4) The Regulator must give the holder an information notice for
the decision to amend or cancel the exemption.
(5) The amendment or cancellation takes effect—
(a) when the information notice is given to the holder; or
(b) if a later time is stated in the information notice, at the
later time.

77 Immediate suspension on Regulator’s initiative

(1) This section applies if the Regulator considers it is necessary
to suspend a vehicle standards exemption (permit)
immediately to prevent or minimise serious harm to public
safety or significant damage to road infrastructure.
(2) The Regulator may, by notice (immediate suspension notice)
given to the person to whom the permit was given,
immediately suspend the exemption until the earliest of the
following—
Page 120 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 3 Vehicle operations—standards and safety

[s 78]

(a) the Regulator gives the person an information notice

under section 76(4) and the amendment or cancellation
takes effect under section 76(5);
(b) the Regulator cancels the suspension;
(c) the end of 56 days after the day the immediate
suspension notice is given to the person.
(3) This section applies despite sections 75 and 76.

78 Minor amendment of vehicle standards exemption

(permit)
The Regulator may, by notice given to the holder of a permit
for a vehicle standards exemption (permit), amend the
exemption in a minor respect—
(a) for a formal or clerical reason; or
(b) in another way that does not adversely affect the
holder’s interests.

79 Return of permit
(1) If a person’s vehicle standards exemption (permit) is amended
or cancelled, the Regulator may, by notice, require the person
to return the person’s permit for the exemption to the
Regulator.
(2) The person must comply with the notice within 7 days after
the notice is given to the person or, if a longer period is stated
in the notice, within the longer period.
Maximum penalty—$4000.
(3) If the exemption has been amended, the Regulator must give
the person a replacement permit for the exemption as
amended.

Current as at 19 February 2024 Page 121

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 3 Vehicle operations—standards and safety

[s 80]

80 Replacement of defaced etc. permit

(1) If a person’s permit for a vehicle standards exemption (permit)
is defaced, destroyed, lost or stolen, the person must, as soon
as reasonably practicable after becoming aware of the matter,
apply to the Regulator for a replacement permit.
Maximum penalty—$4000.
(2) If the Regulator is satisfied the permit has been defaced,
destroyed, lost or stolen, the Regulator must give the person a
replacement permit as soon as practicable.
(3) If the Regulator decides not to give the person a replacement
permit, the Regulator must give the person an information
notice for the decision.
(4) Subsection (1) does not apply to a vehicle standards
exemption (permit) for which an application to cancel the
permit has been made and is pending determination.

Division 4 Operating under vehicle standards

exemption

81 Contravening condition of vehicle standards exemption

(1) A person must not contravene a condition of a vehicle
standards exemption.
Maximum penalty—$4000.
(2) A person must not use, or permit to be used, on a road a heavy
vehicle that contravenes a condition of a vehicle standards
exemption applying to the vehicle.
Maximum penalty—$4000.
(3) A person must not use a heavy vehicle, or permit a heavy
vehicle to be used, on a road in a way that contravenes a
condition of a vehicle standards exemption applying to the
vehicle.
Maximum penalty—$4000.

Page 122 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 3 Vehicle operations—standards and safety

[s 82]

(4) A person does not commit an offence against this Law in

relation to a heavy vehicle contravening a heavy vehicle
standard if—
(a) the heavy vehicle is exempt, under a vehicle standards
exemption, from compliance with the heavy vehicle
standard; and
(b) the heavy vehicle, and its use on a road, complies with
the conditions of the exemption.
(5) However, if a person commits a condition offence in relation
to the exemption—
(a) the exemption does not operate in the person’s favour
while the contravention constituting the offence
continues; and
(b) the exemption must be disregarded in deciding whether
the person has committed an offence in relation to a
contravention of a heavy vehicle standard applying to a
heavy vehicle.
(6) If, because of the operation of subsection (5), a person
commits an offence against a provision of this Law (the other
offence provision) in relation to a heavy vehicle standard to
which the exemption applies, the person—
(a) may be charged with the condition offence or an offence
against the other offence provision; but
(b) must not be charged with both offences.
(7) Subsection (1) does not apply to a condition mentioned in
section 82(1).
(8) In this section—
condition offence means an offence against subsection (1),
(2) or (3).

82 Keeping relevant document while driving under vehicle

standards exemption (notice)
(1) This section applies if a vehicle standards exemption (notice)
is subject to the condition that the driver of a heavy vehicle
Current as at 19 February 2024 Page 123
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 3 Vehicle operations—standards and safety

[s 83]

who is driving the vehicle under the exemption must keep a

relevant document in the driver’s possession.
(2) A driver of the heavy vehicle who is driving the vehicle under
the vehicle standards exemption (notice) must comply with
the condition.
Maximum penalty—$3000.
(3) Each relevant party for a driver mentioned in subsection (2)
must ensure the driver complies with subsection (2), unless
the relevant party has a reasonable excuse.
Maximum penalty—$3000.
(7) In this section—
relevant document, for a vehicle standards exemption
(notice), means a copy of—
(a) the Commonwealth Gazette notice for the exemption; or
(b) an information sheet about the exemption published by
the Regulator on the Regulator’s website.
relevant party, for the driver of a heavy vehicle, means—
(a) an employer of the driver if the driver is an employed
driver; or
(b) a prime contractor of the driver if the driver is a
self-employed driver; or
(c) an operator of the vehicle if the driver is making a
journey for the operator.

83 Keeping copy of permit while driving under vehicle

standards exemption (permit)
(1) The driver of a heavy vehicle who is driving the vehicle under
a vehicle standards exemption (permit) must keep a copy of
the permit for the exemption in the driver’s possession.
Maximum penalty—$3000.
(2) If the driver of a heavy vehicle is driving the vehicle under a
vehicle standards exemption (permit) granted to a relevant
Page 124 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 3 Vehicle operations—standards and safety

[s 84]

party for the driver and the relevant party has given the driver
a copy of a permit for the purpose of subsection (1), the driver
must, as soon as reasonably practicable, return the copy to the
relevant party if the driver stops working for the relevant
party.
Maximum penalty—$3000.
(3) Each relevant party for a driver mentioned in subsection (2)
must ensure the driver complies with subsection (2), unless
the relevant party has a reasonable excuse.
Maximum penalty—$3000.
(7) In this section—
relevant party, for the driver of a heavy vehicle, means—
(a) an employer of the driver if the driver is an employed
driver; or
(b) a prime contractor of the driver if the driver is a
self-employed driver; or
(c) an operator of the vehicle if the driver is making a
journey for the operator.

Part 3.3 Modifying heavy vehicles

84 Definition for Pt 3.3

In this Part—
modification, of a heavy vehicle, means—
(a) the addition of a component to, or the removal of a
component from, the vehicle; or
(b) a change to the vehicle from the manufacturer’s
specification for the vehicle;
but does not include a modification to the vehicle that has
been approved under the Road Vehicle Standards Act 2018,
item 16(2) of Schedule 3 to the Road Vehicle Standards
(Consequential and Transitional Provisions) Act 2018 of the
Current as at 19 February 2024 Page 125
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 3 Vehicle operations—standards and safety

[s 85]

Commonwealth or the Motor Vehicle Standards Act 1989

before the repeal of that Act.

85 Modifying heavy vehicle requires approval

(1) A person must not modify a heavy vehicle unless the
modification has been approved by—
(a) an approved vehicle examiner under section 86; or
(b) the Regulator under section 87.
Maximum penalty—$3000.
(2) A person must not use, or permit to be used, on a road a heavy
vehicle that has been modified unless the modification has
been approved by—
(a) an approved vehicle examiner under section 86; or
(b) the Regulator under section 87.
Maximum penalty—$3000.
(3) This section does not apply to a modification that complies
with a code of practice prescribed by the national regulations
for the purposes of this section, section 86 or 87 that expressly
states that a modification of that type does not require
approval.
(4) A modification is taken to have been approved by an approved
vehicle examiner under section 86 if—
(a) the modification has been authorised under an
Australian road law of a non-participating jurisdiction;
and
(b) a modification plate or label is fitted or affixed to a
conspicuous part of the vehicle; and
(c) the modification plate or label indicates that the
modification complies with a code of practice
prescribed by the national regulations for the purposes
of section 86.
(5) In this section—
Page 126 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 3 Vehicle operations—standards and safety

[s 86]

authorised includes approved and permitted.

modification plate or label means a plate or label that is
stamped, engraved or marked so as to display information that
relates to a modification.
non-participating jurisdiction has the meaning given by
section 221.

86 Approval of modifications by approved vehicle examiners

(1) An approved vehicle examiner may, if authorised to do so
under the national regulations, approve a modification of a
heavy vehicle if, and only if, the modification complies with a
code of practice prescribed by the national regulations for the
purposes of this section.
(2) If an approved vehicle examiner approves a modification of a
heavy vehicle, the examiner must—
(a) give a certificate approving the modification, in the
approved form, to—
(i) the registered operator of the vehicle; or
(ii) if there is no registered operator of the vehicle—an
owner of the vehicle; and
(b) ensure a plate or label that complies with subsection (3)
is fitted or affixed to a conspicuous part of the vehicle.
Maximum penalty—$3000.
(3) For the purposes of subsection (2)(b), a plate or label
complies with this subsection if—
(a) it is of a type approved by the Regulator; and
(b) it is stamped, engraved or marked so as to display
information that relates to the modification and that is—
(i) approved by the Regulator; or
(ii) prescribed by the national regulations for the
purposes of this section.

Current as at 19 February 2024 Page 127

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 3 Vehicle operations—standards and safety

[s 87]

87 Approval of modification by Regulator

(1) The Regulator may approve a modification of a heavy vehicle
if the Regulator is satisfied—
(a) the use on a road of the modified vehicle will not pose a
significant safety risk; and
(b) as to either or both of the following (as relevant)—
(i) the modified vehicle will comply with applicable
noise and emission standards prescribed by
national regulations, except as provided by
subparagraph (ii);
(ii) the Regulator has exempted the modified vehicle
from a noise or emission standard referred to in
subparagraph (i) and the Regulator is satisfied that
the modified vehicle complies with the
requirements of the exemption.
(2) Subsection (1) applies whether or not the modification
complies with a code of practice prescribed by the national
regulations prescribed for the purposes of this section.
(3) If the Regulator approves a modification of a heavy vehicle,
the Regulator must—
(a) give a certificate approving the modification, in the
approved form, to—
(i) the registered operator of the vehicle; or
(ii) if there is no registered operator of the vehicle—an
owner of the vehicle; and
(b) ensure a plate or label that complies with subsection (4)
is fitted or affixed to a conspicuous part of the vehicle.
(4) For the purposes of subsection (3)(b), a plate or label
complies with this subsection if—
(a) it is of a type approved by the Regulator; and
(b) it is stamped, engraved or marked so as to display
information that relates to the modification and that is—
(i) approved by the Regulator; or
Page 128 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 3 Vehicle operations—standards and safety

[s 87A]

(ii) prescribed by the national regulations for the

purposes of this section.

87A Person must not tamper with plate or label

(1) A person must not tamper with a plate or label fitted or affixed
to a heavy vehicle under section 86(2) or 87(3).
Maximum penalty—$3000.
(2) In a proceeding for an offence against subsection (1), it is a
defence for the person to prove that the tampering was done
with the written approval of the Regulator.
(3) In this section—
tamper means alter, damage, remove or otherwise interfere
with.

88 National regulations for heavy vehicle modification

The national regulations may provide for any matter relating
to the modification of heavy vehicles.

Part 3.4 Other offences

89 Safety requirement
(1) A person must not use, or permit to be used, on a road a heavy
vehicle that is unsafe.
Maximum penalty—$6000.
(2) For the purposes of subsection (1), a heavy vehicle is unsafe
only if the condition of the vehicle, or any of its components
or equipment—
(a) makes the use of the vehicle unsafe; or
(b) endangers public safety.

Current as at 19 February 2024 Page 129

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 3 Vehicle operations—standards and safety

[s 90]

(3) Subsection (1) does not apply to a heavy vehicle for which a
vehicle defect notice is in force and that is being moved in
accordance with the terms of the notice.

90 Requirement about properly operating emission control

system
(1) A person must not use, or permit to be used, on a road a heavy
vehicle that is not fitted with an emission control system for
each relevant emission if and as required by an applicable
heavy vehicle standard.
Maximum penalty—$3000.
(2) A person must not use, or permit to be used, on a road a heavy
vehicle fitted with an emission control system that is not
operating in accordance with the manufacturer’s design.
Maximum penalty—$3000.
(3) A person must not use, or permit to be used, on a road a heavy
vehicle fitted with an emission control system if the operation
of the system results in a failure to comply with an applicable
heavy vehicle standard (whether in relation to the vehicle or in
relation to the system).
Maximum penalty—$3000.
(4) Subsections (2) and (3) do not apply to a heavy vehicle that—
(a) is on a journey to a place for the repair of the emission
control system or any of the vehicle’s components or
equipment that affect the operation of the emission
control system; and
(b) is travelling on the most direct or convenient route to
that place from the place where the journey began.
(5) The national regulations may prescribe testing standards for
relevant emissions from heavy vehicles.
(6) In this section—
emission control system means a device or system fitted to a
heavy vehicle that reduces the emission of a relevant emission
from the vehicle.
Page 130 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 3 Vehicle operations—standards and safety

[s 91]

91 Person must not tamper with emission control system

fitted to heavy vehicle
(1) A person must not tamper with an emission control system
fitted to a heavy vehicle.
Maximum penalty—$10000.
(2) An operator of a heavy vehicle must not use or permit the
vehicle to be used on a road if the vehicle is fitted with an
emission control system that the operator knows or ought
reasonably to know has been tampered with in contravention
of subsection (1).
Maximum penalty—$10000.
(3) Subsection (1) does not apply to—
(a) conduct associated with repairing a malfunctioning
emission control system or maintaining an emission
control system; or
(b) an authorised officer when exercising functions under
this Law.
(4) Subsection (2) does not apply to a heavy vehicle that—
(a) is on a journey to a place for the repair of the emission
control system or any of the vehicle’s components or
equipment that affect the operation of the emission
control system; and
(b) is travelling on the most direct or convenient route to
that place from the place where the journey began.
(7) In this section—
emission control system means a device or system fitted to a
heavy vehicle that reduces the emission of a relevant emission
from the vehicle.
tamper, with an emission control system fitted to a heavy
vehicle, means alter, damage, remove, override or otherwise
interfere with—
(a) the system in a way that renders the system totally
ineffective or less effective than as provided by an
Current as at 19 February 2024 Page 131
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 3 Vehicle operations—standards and safety

[s 92]

applicable heavy vehicle standard or (in the absence of

an applicable heavy vehicle standard) as designed; or
(b) the vehicle or any component of the vehicle in a way
that renders the system totally ineffective or less
effective than as provided by an applicable heavy
vehicle standard or (in the absence of an applicable
heavy vehicle standard) as designed.

92 Display of warning signs required by heavy vehicle

standards on vehicles to which the requirement does not
apply
(1) This section applies if, under the heavy vehicle standards, a
warning sign is required to be displayed on a heavy vehicle of
a particular type, size or configuration.
(2) A person must not use, or permit to be used, on a road a heavy
vehicle that has the warning sign displayed on it unless the
vehicle is of the particular type, size or configuration.
Maximum penalty—$3000.
(3) In this section—
warning sign means a sign indicating that the vehicle to
which it is attached is of a particular type, size or
configuration.
Example of warning sign—
A sign (consisting of 1 or more parts) showing the words ‘LONG
VEHICLE’ or ‘ROAD TRAIN’.

93 Person must not tamper with speed limiter fitted to heavy

vehicle
(1) A person must not tamper with a speed limiter that is required
under an Australian road law or by order of an Australian
court to be, and is, fitted to a heavy vehicle.
Maximum penalty—$10000.
(2) A person must not fit, or direct the fitting of, a speed limiter to
a heavy vehicle in circumstances where the person knows or
Page 132 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 3 Vehicle operations—standards and safety

[s 93]

ought reasonably to know that the speed limiter has been

tampered with in such a way that, had it been fitted to the
vehicle at the time of the tampering, an offence would have
been committed against subsection (1).
Maximum penalty—$10000.
(3) An operator of a heavy vehicle must not use or permit the
vehicle to be used on a road if the operator knows, or ought
reasonably to know, that a speed limiter fitted to the vehicle,
as required under an Australian road law or by order of an
Australian court, has been tampered with in contravention of
subsection (1) or fitted to the vehicle in contravention of
subsection (2).
Maximum penalty—$10000.
(4) Subsections (1) and (2) do not apply to—
(a) conduct associated with repairing a malfunctioning
speed limiter or maintaining a speed limiter; or
(b) an authorised officer when exercising functions under
this Law.
(5) Subsection (3) does not apply to a heavy vehicle that—
(a) is on a journey to a place for the repair of the speed
limiter or any of the vehicle’s components or equipment
that affect the operation of the speed limiter; and
(b) is travelling on the most direct or convenient route to
that place from the place where the journey began.
(6) Subsection (3) applies whether or not a person has been
proceeded against or found guilty of an offence against
subsection (1) or (2) in relation to the tampering.
(9) In this section—
speed limiter means a device or system that is used to limit the
maximum road speed of a heavy vehicle to which it is fitted
and that complies with any applicable heavy vehicle standard.
tamper, with a speed limiter fitted to a heavy vehicle, means
alter, damage, remove, override or otherwise interfere with the
speed limiter in a way that—
Current as at 19 February 2024 Page 133
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 94]

(a) enables the vehicle to be driven at a speed higher than

the speed permitted by an applicable heavy vehicle
standard; or
(b) alters, or may alter, any information recorded by the
speed limiter; or
(c) results, or may result, in the speed limiter recording
inaccurate information.

Chapter 4 Vehicle operations—mass,

dimension and loading

Part 4.1 Preliminary

94 Main purposes of Ch 4
(1) The main purposes of this Chapter are—
(a) to improve public safety by decreasing risks to public
safety caused by excessively loaded or excessively large
heavy vehicles; and
(b) to minimise any adverse impact of excessively loaded or
excessively large heavy vehicles on road infrastructure
or public amenity.
(2) The purposes are achieved by—
(a) imposing mass requirements for heavy vehicles,
particular components of heavy vehicles, and loads on
heavy vehicles; and
(b) imposing dimension requirements on heavy vehicles
including on the vehicles (together with equipment),
components or loads; and
(c) imposing requirements about securing loads on heavy
vehicles; and
Page 134 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 95]

(d) restricting access to roads by heavy vehicles of a

particular mass, size or configuration even if the
vehicles comply with the mass requirements, dimension
requirements and other requirements mentioned in
paragraphs (a) to (c).
(3) However, this Chapter recognises that the use of particular
heavy vehicles that do not comply with the mass
requirements, dimension requirements and other requirements
mentioned in subsection (2)(a) to (c) may be permitted on
roads in particular circumstances and subject to particular
conditions—
(a) to allow for—
(i) the efficient road transport of goods or passengers
by heavy vehicles; or
(ii) the efficient use of large heavy vehicles that are
transporting neither goods nor passengers and need
to use roads for special uses; and
(b) without compromising the achievement of the purposes.

Part 4.2 Mass requirements

Division 1 Requirements

95 Prescribed mass requirements

(1) The national regulations may prescribe requirements (the
prescribed mass requirements) about the following—
(a) the mass of heavy vehicles;
(b) the mass of components of heavy vehicles.
(2) Without limiting subsection (1), the prescribed mass
requirements may include the following—
(a) requirements about mass limits relating to—
(i) the tare mass of heavy vehicles; or
Current as at 19 February 2024 Page 135
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 95]

(ii) the mass of heavy vehicles together with their

loads; or
(iii) the mass on tyres, axles or axle groups of heavy
vehicles;
(b) requirements about mass limits relating to axle spacing;
(c) general mass limits applying to heavy vehicles or
components of heavy vehicles.
(3) Also, without limiting subsection (1) or (2), the prescribed
mass requirements may—
(a) include mass limits that are to apply only to particular
areas or routes; and
(b) authorise or require the Regulator to decide the areas or
routes to which the mass limits are to apply.
(4) The national regulations may prescribe requirements (that are
not prescribed mass requirements) about the use on roads of
heavy vehicles under particular mass limits, including, for
example—
(a) a requirement that drivers of heavy vehicles using the
vehicles under mass limits applying only to particular
areas or routes decided by the Regulator must comply
with conditions on the use of heavy vehicles on roads
under the mass limits imposed by the Regulator
(including conditions required by road managers for the
roads); and
(b) a requirement that drivers of heavy vehicles who are
driving the vehicles under particular mass limits must
carry particular documents; and
(c) a requirement that a particular document or other thing
must be displayed on heavy vehicles used under
particular mass limits.
(5) In this section—
tare mass, of a heavy vehicle, means the mass of the vehicle
that—
(a) is ready for service; and
Page 136 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 96]

(b) is fitted with all standard equipment, together with any

options that are fitted; and
(c) is unoccupied and unladen; and
(d) has all fluid reservoirs (other than for fuel) filled to
nominal capacity; and
(e) has 10 litres of fuel in the fuel reservoir or reservoirs
(but excluding any loaded fuel in excess of 10 litres).

96 Compliance with mass requirements

(1) A person who drives, or permits another person to drive, a
heavy vehicle on a road must ensure the vehicle, and the
vehicle’s components and load, comply with the mass
requirements applying to the vehicle, unless the person has a
reasonable excuse.
Maximum penalty—
(a) for a minor risk breach—$4000; or
(b) for a substantial risk breach—$6000; or
(c) for a severe risk breach—$10000, plus an additional
maximum $500 for every additional 1% over a 120%
overload (but so that the additional maximum penalty
does not exceed $20000).
(4) If a PBS vehicle is authorised by its PBS vehicle approval to
have a mass limit that exceeds a limit that would otherwise
apply to the vehicle under a prescribed mass requirement, the
authorised limit is taken to be the applicable limit, and the
vehicle is regarded for the purposes of this Law as complying
with the prescribed mass requirement.
(5) This section does not apply to a specified PBS vehicle as
defined in section 136(2).
Note—
If a specified PBS vehicle does not comply with the mass requirements
applying to the vehicle, it would be a class 2 heavy vehicle and could be
dealt with under section 137.

Current as at 19 February 2024 Page 137

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 97]

Division 2 Categories of breaches of mass

requirements

97 Definitions for Div 2

In this Division—
severe risk breach lower limit, for a particular mass
requirement applying to a heavy vehicle, means a mass
equalling 120% of the maximum mass (rounded up to the
nearest 0.1t) permitted for the vehicle under that mass
requirement.
substantial risk breach lower limit, for a particular mass
requirement applying to a heavy vehicle, means the higher of
the following—
(a) a mass equalling 105% of the maximum mass (rounded
up to the nearest 0.1t) permitted for the vehicle under
that mass requirement;
(b) 0.5t.

98 Minor risk breach

A contravention of a mass requirement applying to a heavy
vehicle is a minor risk breach if the subject matter of the
contravention is less than the substantial risk breach lower
limit for the requirement.

99 Substantial risk breach

A contravention of a mass requirement applying to a heavy
vehicle is a substantial risk breach if the subject matter of the
contravention is—
(a) equal to or greater than the substantial risk breach lower
limit for the requirement; and
(b) less than the severe risk breach lower limit for the
requirement.

Page 138 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 100]

100 Severe risk breach

A contravention of a mass requirement applying to a heavy
vehicle is a severe risk breach if the subject matter of the
contravention is equal to or greater than the severe risk breach
lower limit for the requirement.

Part 4.3 Dimension requirements

Division 1 Requirements

101 Prescribed dimension requirements

(1) The national regulations may prescribe requirements (the
prescribed dimension requirements) about the following—
(a) the dimensions of a heavy vehicle (together with its
equipment);
(b) the dimensions of a component of a heavy vehicle;
(c) the dimensions of a heavy vehicle’s load.
(2) Without limiting subsection (1), the prescribed dimension
requirements may include requirements about the following—
(a) the dimensions of a heavy vehicle (together with its
equipment) disregarding its load;
(b) the dimensions of a heavy vehicle together with its
equipment and load;
(c) the dimensions by which a heavy vehicle’s load projects
from the vehicle;
(d) the internal measurements of a heavy vehicle, including,
for example—
(i) the distance between components of the vehicle;
and
(ii) for a combination, the distance between—

Current as at 19 February 2024 Page 139

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 102]

(A) the component vehicles of the combination;

or
(B) a component vehicle of the combination and
a component of another component vehicle
of the combination.
(3) The national regulations may also prescribe requirements
(that are not prescribed dimension requirements) about the use
of a vehicle to which a dimension requirement applies,
including, for example, requirements about the use of signs
and warning devices.

102 Compliance with dimension requirements

(1) A person who drives, or permits another person to drive, a
heavy vehicle on a road must ensure the vehicle, and the
vehicle’s components and load, comply with the dimension
requirements applying to the vehicle, unless the person has a
reasonable excuse.
Maximum penalty—
(a) if the heavy vehicle does not have goods or passengers
in it—$3000; or
(b) if the heavy vehicle has goods or passengers in it—
(i) for a minor risk breach—$3000; or
(ii) for a substantial risk breach—$5000; or
(iii) for a severe risk breach—$10000.
(4) If a PBS vehicle is authorised by its PBS vehicle approval to
have a dimension that exceeds a dimension limit that would
otherwise apply to the vehicle under a prescribed dimension
requirement, the authorised dimension is taken to be the
applicable dimension, and the vehicle is regarded for the
purposes of this Law as complying with the prescribed
dimension requirement.

Page 140 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 103]

Division 2 Categories of breaches of

dimension requirements

103 Application of Div 2

This Division applies to a heavy vehicle only while it is
carrying goods or passengers.

104 Definitions for Div 2

In this Division—
severe risk breach lower limit means—
(a) for a particular dimension requirement applying to a
heavy vehicle relating to its length—the length
equalling the maximum length permitted for the vehicle
under the dimension requirement plus 600mm; or
(b) for a particular dimension requirement applying to a
heavy vehicle relating to its width—the width equalling
the maximum width permitted for the vehicle under the
dimension requirement plus 80mm; or
(c) for a particular dimension requirement applying to a
heavy vehicle relating to its height—the height
equalling the maximum height permitted for the vehicle
under the dimension requirement plus 300mm; or
(d) for a particular dimension requirement applying to a
heavy vehicle relating to its load projection—the
projection of the vehicle’s load equalling the maximum
load projection permitted from any side of the vehicle
under the dimension requirement plus 80mm.
substantial risk breach lower limit means—
(a) for a particular dimension requirement applying to a
heavy vehicle relating to its length—the length
equalling the maximum length permitted for the vehicle
under the dimension requirement plus 350mm; or

Current as at 19 February 2024 Page 141

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 105]

(b) for a particular dimension requirement applying to a

heavy vehicle relating to its width—the width equalling
the maximum width permitted for the vehicle under the
dimension requirement plus 40mm; or
(c) for a particular dimension requirement applying to a
heavy vehicle relating to its height—the height
equalling the maximum height permitted for the vehicle
under the dimension requirement plus 150mm; or
(d) for a particular dimension requirement applying to a
heavy vehicle relating to its load projection—the
projection of the vehicle’s load equalling the maximum
load projection permitted from any side of the vehicle
under the dimension requirement plus 40mm.

105 Minor risk breach

A contravention of a dimension requirement applying to a
heavy vehicle is a minor risk breach if—
(a) the dimension requirement relates to the vehicle’s
ground clearance; or
(b) for a contravention of any other dimension
requirement—the subject matter of the contravention is
less than the substantial risk breach lower limit for the
requirement.

106 Substantial risk breach

(1) A contravention of a dimension requirement applying to a
heavy vehicle is a substantial risk breach if—
(a) the subject matter of the contravention is—
(i) equal to or greater than a substantial risk breach
lower limit for the requirement; and
(ii) less than the severe risk breach lower limit for the
requirement; or
(b) the requirement is a substantial risk breach of a
dimension requirement under subsection (2) or (3).
Page 142 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 107]

(2) A contravention of a dimension requirement applying to a

heavy vehicle relating to its length is a substantial risk breach
if—
(a) the contravention would only be a minor risk breach of
the dimension requirement if this subsection were not
enacted; and
(b) either—
(i) the rear of the vehicle’s load does not carry a sign
or warning device required by the national
regulations; or
(ii) the vehicle’s load projects in a way that is
dangerous to persons or property.
(3) A contravention of a dimension requirement applying to a
heavy vehicle relating to its width is a substantial risk breach
if—
(a) the contravention would only be a minor risk breach of
the dimension requirement if this subsection were not
enacted; and
(b) the contravention happens—
(i) at night; or
(ii) in hazardous weather conditions causing reduced
visibility.
Note—
See also section 108(3).

107 Severe risk breach

(1) A contravention of a dimension requirement applying to a
heavy vehicle is a severe risk breach if—
(a) the subject matter of the contravention is equal to or
greater than the severe risk breach lower limit for the
dimension requirement; or
(b) the contravention is a severe risk breach of the
dimension requirement under subsection (2) or (3).
Current as at 19 February 2024 Page 143
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 107]

(2) A contravention of a dimension requirement applying to a

heavy vehicle relating to its length is a severe risk breach if—
(a) the contravention would only be a substantial risk
breach of the dimension requirement as provided by
section 106(1)(a) if this subsection were not enacted;
and
(b) either—
(i) the rear of the vehicle’s load does not carry a sign
or warning device required by the national
regulations; or
(ii) the vehicle’s load projects from it in a way that is
dangerous to persons or property.
(3) A contravention of a dimension requirement applying to a
heavy vehicle relating to its width is a severe risk breach if—
(a) the contravention would only be a substantial risk
breach of the dimension requirement as provided by
section 106(1)(a) if this subsection were not enacted;
and
(b) either—
(i) the contravention happens—
(A) at night; or
(B) in hazardous weather conditions causing
reduced visibility; or
(ii) the vehicle’s load projects from it in a way that is
dangerous to persons or property.

Page 144 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 108]

Division 3 Other provisions relating to load

projections

108 Dangerous projections taken to be contravention of

dimension requirement
(1) This section applies if a heavy vehicle’s load projects in a way
that is dangerous to persons or property even if all dimension
requirements, and all warning and other requirements
prescribed by the national regulations, are met.
(2) The projection of the load is taken to be—
(a) a contravention of a dimension requirement; and
(b) a minor risk breach of that requirement unless
subsection (3) applies.
(3) The projection of the load is taken to be—
(a) a contravention of a dimension requirement; and
(b) a substantial risk breach of that requirement if the
contravention happens—
(i) at night; or
(ii) in hazardous weather conditions causing reduced
visibility.

109 Warning signals required for rear projection of loads

(1) This section applies if—
(a) a load projects more than 1.2m behind a heavy vehicle
consisting of only a motor vehicle; or
(b) a load projects more than 1.2m behind either the towing
vehicle or a trailer in a heavy combination; or
(c) a load projects from a pole-type trailer in a heavy
combination; or
(d) a load projects from a heavy vehicle in a way that it
would not be readily visible to a person following
immediately behind the vehicle.
Current as at 19 February 2024 Page 145
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 110]

(2) A person must not use the heavy vehicle, or permit the heavy
vehicle to be used, on a road unless—
(a) during the daytime—a brightly coloured red, red and
yellow, or yellow flag at least 300mm by 300mm is
fixed to the extreme back of the load; or
(b) at night—a light showing a clear red light to the back,
visible at a distance of at least 200m, is fixed to the
extreme back of the load.
Maximum penalty—$3000.

Part 4.4 Loading requirements

Division 1 Requirements

110 National regulations may prescribe loading requirements

(1) The national regulations may prescribe requirements (the
loading requirements) about securing a load on a heavy
vehicle or a component of a heavy vehicle.
(2) Without limiting subsection (1), the loading requirements may
include requirements about the restraint or positioning of a
load or any part of it on a motor vehicle or trailer.

111 Compliance with loading requirements

(1) A person who drives, or permits another person to drive, a
heavy vehicle on a road must ensure the vehicle, and the
vehicle’s components and load, comply with the loading
requirements applying to the vehicle, unless the person has a
reasonable excuse.
Maximum penalty—
(a) for a minor risk breach—$3000; or
(b) for a substantial risk breach—$5000; or

Page 146 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 112]

(c) for a severe risk breach—$10000.

Division 2 Categories of breaches of loading

requirements

112 Minor risk breach

A contravention of a loading requirement applying to a heavy
vehicle is a minor risk breach if—
(a) the subject matter of the contravention does not involve
a loss or shifting of the load; and
(b) had the subject matter of the contravention involved a
loss or shifting of the load, the loss or shifting of the
load would not have been likely to have involved—
(i) an appreciable safety risk; or
(ii) an appreciable risk of—
(A) damage to road infrastructure; or
(B) causing an adverse effect on public amenity.

113 Substantial risk breach

(1) A contravention of a loading requirement applying to a heavy
vehicle is a substantial risk breach if the subject matter of the
contravention involves a loss or shifting of the load that does
not involve—
(a) an appreciable safety risk; or
(b) an appreciable risk of—
(i) damage to road infrastructure; or
(ii) causing an adverse effect on public amenity.
(2) A contravention of a loading requirement applying to a heavy
vehicle is also a substantial risk breach if—
(a) the subject matter of the contravention does not involve
a loss or shifting of the load; and
Current as at 19 February 2024 Page 147
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 114]

(b) had the subject matter of the contravention involved a

loss or shifting of the load, the loss or shifting of the
load would have been likely to have involved—
(i) an appreciable safety risk; or
(ii) an appreciable risk of—
(A) damage to road infrastructure; or
(B) causing an adverse effect on public amenity.

114 Severe risk breach

A contravention of a loading requirement applying to a heavy
vehicle is a severe risk breach if the subject matter of the
contravention involves a loss or shifting of the vehicle’s load
that involves—
(a) an appreciable safety risk; or
(b) an appreciable risk of—
(i) damage to road infrastructure; or
(ii) causing an adverse effect on public amenity.

Division 3 Evidentiary provision

115 Proof of contravention of loading requirement

(1) In a proceeding for an offence against Division 1, the
following is evidence that a load on a heavy vehicle was not
placed, secured or restrained in compliance with a loading
requirement applying to the vehicle—
(a) evidence that the load was not placed, secured or
restrained in a way that met a loading performance
standard;
(b) evidence that a load, or part of a load, has fallen off a
heavy vehicle.

Page 148 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 116]

(2) The national regulations may prescribe standards (the loading

performance standards) for heavy vehicles.

Part 4.5 Exemptions for particular

overmass or oversize vehicles

Division 1 Preliminary

116 Class 1 heavy vehicles and class 3 heavy vehicles

(1) A heavy vehicle is a class 1 heavy vehicle if it, together with
its load, does not comply with a prescribed mass requirement
or prescribed dimension requirement applying to it, and—
(a) it is a special purpose vehicle; or
(b) it is an agricultural vehicle other than an agricultural
trailer; or
Note—
See subsection (2) for agricultural trailers.
(c) it—
(i) is a heavy vehicle carrying, or designed for the
purpose of carrying, a large indivisible item,
including, for example, a combination including a
low loader; but
(ii) is not a road train or B-double, or carrying a freight
container designed for multi-modal transport.
(2) An agricultural trailer is a class 1 heavy vehicle, irrespective
of whether it, together with its load, does or does not comply
with a prescribed mass requirement or prescribed dimension
requirement applying to it.
(3) A heavy vehicle is a class 3 heavy vehicle if—
(a) it, together with its load, does not comply with a
prescribed mass requirement or prescribed dimension
requirement applying to it; and
Current as at 19 February 2024 Page 149
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 117]

(b) it is not a class 1 heavy vehicle.

(4) In this section—
concrete pump means a vehicle with a component that can be
used to transfer liquid concrete by pumping.
large indivisible item means an item that—
(a) can not be divided without extreme effort, expense or
risk of damage to it; and
(b) can not be carried on any heavy vehicle without
contravening a mass requirement or dimension
requirement.
low loader means a trailer with a loading deck no more than
1m above the ground.
special purpose vehicle means—
(a) a motor vehicle or trailer, other than an agricultural
vehicle or a tow truck, built for a purpose other than
transporting goods by road; or
(b) a concrete pump or fire truck.

Division 2 Exemptions by Commonwealth

Gazette notice

117 Regulator’s power to exempt category of class 1 or 3

heavy vehicles from compliance with mass or dimension
requirement
(1) The Regulator may, by Commonwealth Gazette notice
complying with section 121, exempt, for a period of not more
than 5 years, a stated category of class 1 heavy vehicles or
class 3 heavy vehicles from—
(a) a prescribed mass requirement; or
(b) a prescribed dimension requirement.
(2) An exemption under subsection (1) is a mass or dimension
exemption (notice).
Page 150 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 118]

Note—
See Division 3 of Part 4.7 in relation to amendment, suspension or
cancellation of a mass or dimension exemption (notice).

118 Restriction on grant of mass or dimension exemption

(notice)
(1) The Regulator may grant a mass or dimension exemption
(notice) for a category of heavy vehicles only if—
(a) the Regulator is satisfied the use of heavy vehicles of
that category on a road under the exemption will not
pose a significant risk to public safety; and
(b) each relevant road manager for the exemption has
consented to the grant; and
(c) the Regulator is satisfied all other consents required for
the exemption under the law of the relevant jurisdiction
have been obtained or given.
(2) In deciding whether to grant a mass or dimension exemption
(notice), the Regulator must have regard to the approved
guidelines for granting mass or dimension exemptions.

119 Conditions of mass or dimension exemption (notice)

(1) A mass or dimension exemption (notice)—
(a) must include a condition about the areas or routes to
which the exemption applies; and
(b) is subject to conditions prescribed by the national
regulations for the exemption; and
(c) must be subject to the road conditions or travel
conditions required for the exemption; and
(d) may be subject to any other conditions the Regulator
considers appropriate, including, for example—
(i) conditions about 1 or more matters mentioned in
Schedule 2; and

Current as at 19 February 2024 Page 151

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 119]

(ii) without limiting subparagraph (i), intelligent

access program conditions; and
(iii) a condition that the driver of a class 1 heavy
vehicle or class 3 heavy vehicle who is driving the
vehicle under the exemption must keep in the
driver’s possession a copy of—
(A) the Commonwealth Gazette notice for the
exemption; or
(B) an information sheet about the exemption
published by the Regulator on the
Regulator’s website.
(2) Without limiting subsection (1)(a), the condition under the
subsection about areas or routes may be imposed by—
(a) applying by reference a stated map or stated list, not in
the notice, prepared and published by the relevant road
authority or the Regulator; and
(b) referring to the areas or routes shown on the stated map
or stated list.
(3) Without limiting subsection (1)(c), road conditions or travel
conditions under the subsection may be imposed by referring
to road conditions or travel conditions shown on a stated map
or stated list applied under subsection (2)(a).
(4) If the notice applies a stated map or stated list—
(a) the Regulator may amend the stated map or stated list
prepared and published by it and the relevant road
authority may amend the stated map or stated list
prepared and published by it, but only by omitting,
varying or extending—
(i) the areas or routes mentioned in subsection (2)(b);
or
(ii) the road conditions or travel conditions mentioned
in subsection (3);
including by adding additional areas, routes, road
conditions or travel conditions; and
Page 152 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 119]

(b) the Regulator must ensure a copy of the stated map or

stated list as in force from time to time is—
(i) made available for inspection, without charge,
during normal business hours at each office of the
Regulator; and
(ii) published on the Regulator’s website or published
by way of a reference or link published on the
Regulator’s website.
Note—
The Regulator must publish a stated map or stated list whether the
Regulator or a relevant road authority originally prepared and published
it as mentioned in subsection (2).
(5) Despite subsection (4)(a), a road authority may only amend a
map or list in a way that affects a particular road if—
(a) the road authority is the road manager for the road; or
(b) the road authority is not the road manager for the road
and has been advised by the Regulator that the
Regulator has obtained the consent of the road manager
for the amendment.
(6) Without limiting the conditions that may be prescribed under
subsection (1)(b), the national regulations may—
(a) prescribe conditions that are to apply only to particular
areas or roads; and
(b) authorise the Regulator to decide the areas or roads to
which the conditions are to apply.
(7) In this section—
relevant road authority, for a mass or dimension exemption
(notice), means the road authority for the participating
jurisdiction in which the road likely to be travelled under the
exemption is situated.
road conditions means road conditions required by the
relevant road manager under section 160.
travel conditions means travel conditions required by the
relevant road manager under section 161.
Current as at 19 February 2024 Page 153
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 119A]

119A Process for amending a stated map or stated list

(1) This section applies to the amendment of a stated map or
stated list mentioned in section 119.
(2) For the purpose of an amendment by the Regulator only
adding an additional area or route to a stated map or stated
list—
(a) section 118 applies; and
(b) Division 2 of Part 4.7 applies to the extent the division
relates to the grant of a mass or dimension exemption
(notice); and
(c) Division 3 of Part 4.7 does not apply.
(3) For the purpose of subsection (2), section 118 and Division 2
of Part 4.7 apply as if—
(a) a reference to the grant of a mass or dimension
exemption (notice) or a mass or dimension authority
were a reference to the adding of the additional area or
route; and
(b) a reference to the relevant road manager for a mass or
dimension exemption (notice) or a mass or dimension
authority were a reference to the relevant road manager
for the exemption or authority that applies the stated
map or stated list.
(4) For the purpose of an amendment by the relevant road
authority only adding an additional area or route to, or only
removing a road condition or travel condition from, a stated
map or stated list, section 118 and Part 4.7 do not apply.
(5) For the purpose of an amendment by the Regulator or a
relevant road authority if subsections (2) to (4) do not apply,
Division 3 of Part 4.7 applies to the extent the Division relates
to the amendment of a mass or dimension exemption (notice).
(6) For subsection (5), Division 3 of Part 4.7 applies as if—
(a) a reference to the amendment of a mass or dimension
authority were a reference to the amendment of the
stated map or stated list; and
Page 154 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 120]

(b) a reference to the Regulator were a reference to the

Regulator or the relevant road authority, whichever is
amending the stated map or stated list; and
(c) a reference to the relevant road manager for a mass or
dimension authority were a reference to the relevant
road manager for the authority that applies the stated
map or stated list.

120 Period for which mass or dimension exemption (notice)

applies
A mass or dimension exemption (notice)—
(a) takes effect—
(i) when the Commonwealth Gazette notice for the
exemption is published; or
(ii) if a later time is stated in the Commonwealth
Gazette notice, at the later time; and
(b) applies for the period stated in the Commonwealth
Gazette notice.

121 Requirements about Commonwealth Gazette notice

(1) A Commonwealth Gazette notice for a mass or dimension
exemption (notice) must state the following—
(a) the category of heavy vehicles to which the exemption
applies;
(b) the mass requirement or dimension requirement to
which the exemption applies;
(c) the areas or routes to which the exemption applies;
(d) the conditions mentioned in section 119(1)(b),
including, for example, by referencing the relevant
provision of the national regulations;
(e) the road conditions or travel conditions required by a
relevant road manager for the exemption under
section 160 or 161;
Current as at 19 February 2024 Page 155
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 122]

(f) the other conditions of the exemption;

(g) the period for which the exemption applies.
(2) The Regulator must publish a copy of the Commonwealth
Gazette notice on the Regulator’s website.

Division 3 Exemptions by permit

122 Regulator’s power to exempt particular class 1 or class 3

heavy vehicle from compliance with mass or dimension
requirement
(1) The Regulator may, by giving a person a permit as mentioned
in section 127, exempt, for a period of not more than 3
years—
(a) a class 1 heavy vehicle or class 3 heavy vehicle from
compliance with—
(i) a prescribed mass requirement; or
(ii) a prescribed dimension requirement; or
(b) a class 1 heavy vehicle or class 3 heavy vehicle from a
requirement relating to the GCM of the vehicle, if
subsection (2) applies.
(2) The Regulator may, under subsection (1), exempt a class 1
heavy vehicle or class 3 heavy vehicle that includes 2 or more
prime movers or 2 or more hauling units from compliance
with a mass requirement relating to the GCM of the individual
prime movers or hauling units if the total GCM of the prime
movers or hauling units complies with the mass requirement
relating to the GCM of the combined prime movers or hauling
units.
(3) An exemption under subsection (1) is a mass or dimension
exemption (permit).
(4) A mass or dimension exemption (permit) may apply to 1 or
more heavy vehicles.

Page 156 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 123]

Note—
See Division 4 of Part 4.7 in relation to amendment, suspension or
cancellation of a mass or dimension exemption (permit).

123 Application for mass or dimension exemption (permit)

(1) A person may apply to the Regulator for a mass or dimension
exemption (permit).
(2) The application must be—
(a) in the approved form; and
(b) accompanied by the prescribed fee for the application.
(3) The Regulator may, by notice given to the applicant, require
the applicant to give the Regulator any additional information
the Regulator reasonably requires to decide the application.

124 Restriction on grant of mass or dimension exemption

(permit)
(1) The Regulator may grant a mass or dimension exemption
(permit) for a heavy vehicle only if—
(a) the Regulator is satisfied the use of the heavy vehicle on
a road under the exemption will not pose a significant
risk to public safety; and
(b) each relevant road manager for the exemption has
consented to the grant; and
(c) the Regulator is satisfied all other consents required for
the exemption under the law of the relevant jurisdiction
have been obtained by the applicant or have been
otherwise given.
(2) In deciding whether to grant a mass or dimension exemption
(permit), the Regulator must have regard to the approved
guidelines for granting mass or dimension exemptions.

125 Conditions of mass or dimension exemption (permit)

(1) A mass or dimension exemption (permit)—
Current as at 19 February 2024 Page 157
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 126]

(a) must include a condition about the areas or routes to

which the exemption applies; and
(b) is subject to conditions prescribed by the national
regulations for the exemption; and
(c) must be subject to the road conditions or travel
conditions required by a relevant road manager for the
exemption under section 160 or 161; and
(d) may be subject to any other conditions the Regulator
considers appropriate, including, for example—
(i) conditions about 1 or more matters mentioned in
Schedule 2; and
(ii) without limiting subparagraph (i), intelligent
access program conditions.
(2) Without limiting the conditions that may be prescribed under
subsection (1)(b), the national regulations may—
(a) prescribe conditions that are to apply only to particular
areas or roads; and
(b) authorise the Regulator to decide the areas or roads to
which the conditions are to apply.

126 Period for which mass or dimension exemption (permit)

applies
(1) A mass or dimension exemption (permit) applies for the
period stated in the permit for the exemption.
(2) The period may be less than the period sought by the applicant
for the mass or dimension exemption (permit).

127 Permit for mass or dimension exemption (permit) etc.

(1) If the Regulator grants a mass or dimension exemption
(permit) to a person, the Regulator must give the person—
(a) a permit for the exemption; and

Page 158 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 127]

(b) a notice stating the review and appeal information for

any of the following decisions that is a reviewable
decision—
(i) the Regulator’s decision to grant the exemption for
a period or impose a condition on the exemption;
(ii) a relevant road manager’s decision to consent to
the grant of the exemption subject to a condition
that a road condition or travel condition be
imposed on the exemption.
Note—
Under section 641(6)(a), this notice must also state
particular information about obtaining a statement of
reasons for the decision.
(2) A permit for a mass or dimension exemption (permit) must
state the following—
(a) the name of the person to whom the permit is given;
(b) a description of each heavy vehicle to which the
exemption applies, including the registration number of
the vehicle if it is registered;
(c) the mass requirement or dimension requirement to
which the exemption applies;
(d) the areas or routes to which the exemption applies;
(e) the conditions mentioned in section 125(1)(b),
including, for example, by referencing the relevant
provision of the national regulations;
(f) the road conditions or travel conditions required by a
relevant road manager for the exemption under
section 160 or 161;
(g) the other conditions of the exemption;
(h) the period for which the exemption applies.

Current as at 19 February 2024 Page 159

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 128]

128 Refusal of application for mass or dimension exemption

(permit)
If the Regulator refuses an application for a mass or
dimension exemption (permit), the Regulator must give the
applicant an information notice for the decision to refuse the
application.
Note—
See section 166 for the requirements for an information notice relating
to a relevant road manager’s decision not to give consent to the grant of
a mass or dimension exemption (permit).

Division 4 Operating under mass or dimension

exemption

129 Contravening condition of mass or dimension exemption

generally
(1) The driver or operator of a heavy vehicle being used on a road
under a mass or dimension exemption must not contravene a
condition of the exemption.
Maximum penalty—$6000.
(2) A person must not use, or permit to be used, on a road a heavy
vehicle that contravenes a condition of a mass or dimension
exemption applying to the vehicle.
Maximum penalty—$6000.
(3) A person must not use a heavy vehicle, or permit a heavy
vehicle to be used, on a road in a way that contravenes a
condition of a mass or dimension exemption applying to the
vehicle.
Maximum penalty—$6000.
(4) A person does not commit an offence against this Law in
relation to a heavy vehicle contravening a mass requirement
or dimension requirement if—

Page 160 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 130]

(a) the vehicle is exempt, under a mass or dimension

exemption, from compliance with the mass requirement
or dimension requirement; and
(b) the vehicle, and its use on a road, complies with the
conditions of the exemption.
(5) However, if a person commits a condition offence—
(a) the exemption does not operate in the person’s favour
while the contravention constituting the offence
continues; and
(b) the exemption must be disregarded in deciding—
(i) whether the person has committed an offence in
relation to a contravention of a mass requirement
or dimension requirement applying to a heavy
vehicle; and
(ii) the risk category for the contravention.
(6) If, because of the operation of subsection (5), a person
commits an offence against a provision of this Law (the other
offence provision) in relation to a mass requirement or
dimension requirement to which an exemption under this Part
applies, the person—
(a) may be charged with the condition offence or an offence
against the other offence provision; but
(b) must not be charged with both offences.
(7) Subsection (1) does not apply to a condition mentioned in
section 132(1).
(8) In this section—
condition offence means an offence against subsection (1),
(2) or (3).

130 Contravening condition of mass or dimension exemption

relating to pilot or escort vehicle
(1) This section applies if a mass or dimension exemption is
subject to a condition requiring a heavy vehicle to which the
Current as at 19 February 2024 Page 161
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 131]

exemption applies to be accompanied by a pilot vehicle or

escort vehicle while the heavy vehicle is used on a road.
(2) The driver of the pilot vehicle or escort vehicle accompanying
the heavy vehicle must comply with the conditions of the
mass or dimension exemption about the use of the pilot
vehicle or escort vehicle.
Maximum penalty—$6000.
(3) The operator of the heavy vehicle must ensure, so far as is
reasonably practicable, the driver of the pilot vehicle or escort
vehicle complies with subsection (2).
Maximum penalty—$6000.

131 Using pilot vehicle with a heavy vehicle that contravenes

certain conditions of mass or dimension exemption
(1) The driver of a pilot vehicle must ensure the pilot vehicle does
not accompany a heavy vehicle to which a mass or dimension
exemption applies if the heavy vehicle, or its use on a road,
contravenes a condition of the exemption because the heavy
vehicle—
(a) travels on a route not allowed under the exemption; or
(b) travels at a time other than a time allowed under the
exemption; or
(c) is accompanied by fewer than the number of pilot or
escort vehicles required under the exemption.
Maximum penalty—$6000.
(2) If a person is both the driver of a pilot vehicle accompanying a
heavy vehicle to which a mass or dimension exemption
applies and an operator of the heavy vehicle, the person may,
in relation to the heavy vehicle or its use on a road
contravening a condition of the exemption of the kind
contemplated by subsection (1), be prosecuted under
section 129 or subsection (1), but not both.

Page 162 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 132]

132 Keeping relevant document while driving under mass or

dimension exemption (notice)
(1) This section applies if a mass or dimension exemption
(notice) is subject to the condition that the driver of a class 1
heavy vehicle or class 3 heavy vehicle who is driving the
vehicle under the exemption must keep a relevant document in
the driver’s possession.
(2) A driver of the class 1 heavy vehicle or class 3 heavy vehicle
who is driving the vehicle under the mass or dimension
exemption (notice) must comply with the condition.
Maximum penalty—$3000.
(3) Each relevant party for a driver mentioned in subsection (2)
must ensure the driver complies with subsection (2), unless
the relevant party has a reasonable excuse.
Maximum penalty—$3000.
(7) In this section—
relevant document, for a mass or dimension exemption
(notice), means a copy of—
(a) the Commonwealth Gazette notice for the exemption; or
(b) an information sheet about the exemption published by
the Regulator on the Regulator’s website.
relevant party, for the driver of a class 1 heavy vehicle or
class 3 heavy vehicle, means—
(a) an employer of the driver if the driver is an employed
driver; or
(b) a prime contractor of the driver if the driver is a
self-employed driver; or
(c) an operator of the vehicle if the driver is making a
journey for the operator.

Current as at 19 February 2024 Page 163

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 133]

133 Keeping copy of permit while driving under mass or

dimension exemption (permit)
(1) The driver of a class 1 heavy vehicle or class 3 heavy vehicle
who is driving the vehicle under a mass or dimension
exemption (permit) must keep a copy of the permit for the
exemption in the driver’s possession.
Maximum penalty—$3000.
(2) If the driver of a class 1 heavy vehicle or class 3 heavy vehicle
is driving the vehicle under a mass or dimension exemption
(permit) granted to a relevant party for the driver and the
relevant party has given the driver a copy of a permit for the
purpose of subsection (1), the driver must, as soon as
reasonably practicable, return the copy to the relevant party if
the driver stops working for the relevant party.
Maximum penalty—$4000.
(3) Each relevant party for a driver mentioned in subsection (1)
must ensure the driver complies with subsection (1), unless
the relevant party has a reasonable excuse.
Maximum penalty—$3000.
(7) In this section—
relevant party, for the driver of a class 1 heavy vehicle or
class 3 heavy vehicle, means—
(a) an employer of the driver if the driver is an employed
driver; or
(b) a prime contractor of the driver if the driver is a
self-employed driver; or
(c) an operator of the vehicle if the driver is making a
journey for the operator.

Page 164 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 134]

Division 5 Other provision

134 Displaying warning signs on vehicles if not required by

dimension exemption
(1) A heavy vehicle warning sign must not be displayed on a
heavy vehicle unless it is being used under a dimension
exemption.
Maximum penalty—$3000.
(2) A pilot vehicle warning sign must not be displayed on a
vehicle unless it is being used as a pilot vehicle for a heavy
vehicle being used under a dimension exemption.
Maximum penalty—$3000.
(3) In this section—
dimension exemption means an exemption under this Part
from compliance with a dimension requirement.
heavy vehicle warning sign means a warning sign required
under the national regulations to be attached to a heavy
vehicle being used under a dimension exemption.
pilot vehicle warning sign means a warning sign required
under the national regulations to be attached to a vehicle being
used as a pilot vehicle for a heavy vehicle being used under a
dimension exemption.

Current as at 19 February 2024 Page 165

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 135]

Part 4.6 Restricting access to roads by

large vehicles that are not
overmass or oversize vehicles

Division 1 Preliminary

135 Main purpose of Pt 4.6

The main purpose of this Part is to restrict access to roads by
heavy vehicles that, while complying with mass requirements
and dimension requirements applying to them, may, because
of their size—
(a) endanger public safety; or
(b) damage road infrastructure; or
(c) adversely affect public amenity.

136 Class 2 heavy vehicles

(1) A heavy vehicle is a class 2 heavy vehicle if—
(a) it—
(i) complies with the prescribed mass requirements
and prescribed dimension requirements applying to
it; and
(ii) is—
(A) a B-double; or
(B) a road train; or
(C) a bus, other than an articulated bus, that is
longer than 12.5m; or
(D) a combination designed and built to carry
vehicles on more than 1 deck that, together
with its load is longer than 19m or higher
than 4.3m; or

Page 166 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 137]

(E) a motor vehicle, or a combination, that is

higher than 4.3m and is built to carry cattle,
sheep, pigs or horses; or
(b) it is a PBS vehicle other than a specified PBS vehicle.
(2) In this section—
specified PBS vehicle means a PBS vehicle that—
(a) is not a bus; and
(b) is not longer than 20m; and
(c) is the subject of a current PBS vehicle approval at
performance level 1; and
(d) complies with the PBS vehicle approval; and
(e) complies with the general mass limits for the vehicle,
regardless of whether the PBS vehicle approval
authorises a higher mass limit.
Note—
General mass limits for a vehicle may be included in prescribed mass
requirements under section 95.

Division 2 Restriction

137 Using class 2 heavy vehicle

A person must not use a class 2 heavy vehicle, or permit a
class 2 heavy vehicle to be used, on a road other than in
accordance with a class 2 heavy vehicle authorisation.
Maximum penalty—$6000.

Current as at 19 February 2024 Page 167

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 138]

Division 3 Authorisation by Commonwealth

Gazette notice

138 Regulator’s power to authorise use of all or stated

categories of class 2 heavy vehicles
(1) The Regulator may, by Commonwealth Gazette notice
complying with section 142, authorise, for a period of not
more than 5 years, the use of all or stated categories of class 2
heavy vehicles in one or more of the following ways—
(a) in stated areas or on stated routes;
(b) during stated hours of stated days;
(c) in the case of PBS vehicles, in accordance with a stated
requirement that the vehicles are operated in accordance
with the conditions contained in a PBS vehicle approval.
(2) An authorisation under subsection (1) is a class 2 heavy
vehicle authorisation (notice).
Note—
See Division 3 of Part 4.7 in relation to amendment, suspension or
cancellation of a class 2 heavy vehicle authorisation (notice).

139 Restriction on grant of class 2 heavy vehicle

authorisation (notice)
(1) The Regulator may grant a class 2 heavy vehicle authorisation
(notice) only if—
(a) the Regulator is satisfied the use of class 2 heavy
vehicles, or the stated categories of class 2 heavy
vehicles, on a road under the authorisation will not pose
a significant risk to public safety; and
(b) each relevant road manager for the authorisation has
consented to the grant; and
(c) the Regulator is satisfied all other consents required for
the authorisation under the law of the relevant
jurisdiction have been obtained or given.
Page 168 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 140]

(2) In deciding whether to grant a class 2 heavy vehicle

authorisation (notice), the Regulator must have regard to the
approved guidelines for granting class 2 heavy vehicle
authorisations.

140 Conditions of class 2 heavy vehicle authorisation (notice)

A class 2 heavy vehicle authorisation (notice)—
(a) must be subject to the road conditions or travel
conditions required by a road manager for the
authorisation under section 160 or 161; and
Note—
Under sections 160(1)(b) and (4), a road manager may only
require road conditions of a type prescribed by the national
regulations.
(b) may be subject to other conditions the regulator
considers appropriate, including, for example, a
condition that the driver of a class 2 heavy vehicle who
is driving the vehicle under the authorisation must keep
in the driver’s possession a copy of—
(i) the Commonwealth Gazette notice for the
authorisation; or
(ii) an information sheet about the authorisation
published by the Regulator on the Regulator’s
website.

141 Period for which class 2 heavy vehicle authorisation

(notice) applies
A class 2 heavy vehicle authorisation (notice)—
(a) takes effect—
(i) when the Commonwealth Gazette notice for the
authorisation is published; or
(ii) if a later time is stated in the Commonwealth
Gazette notice, at the later time; and

Current as at 19 February 2024 Page 169

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 142]

(b) applies for the period stated in the Commonwealth

Gazette notice.

142 Requirements about Commonwealth Gazette notice etc.

(1) A Commonwealth Gazette notice for a class 2 heavy vehicle
authorisation (notice) must state the following—
(a) that the authorisation applies to all class 2 heavy
vehicles or, if the authorisation only applies to particular
categories of class 2 heavy vehicles, the categories of
class 2 heavy vehicles to which the authorisation
applies;
(b) the areas or routes to which the authorisation applies;
(c) the days and hours to which the authorisation applies;
(d) any conditions applying to class 2 heavy vehicles being
used on a road under the authorisation;
(e) the period for which the authorisation applies.
(2) Without limiting subsection (1)(b), the notice may state the
areas or routes under the subsection by—
(a) applying by reference a stated map or stated list, not in
the notice, prepared and published by the relevant road
authority or the Regulator; and
(b) referring to the areas or routes shown on the stated map
or list.
(3) Without limiting subsection (1)(d), the notice may state road
conditions or travel conditions under the subsection by
referring to road conditions or travel conditions shown on a
stated map or stated list applied under subsection (2)(a).
(4) The Regulator must publish a copy of the notice on the
Regulator’s website.
(5) If the notice applies a stated map or stated list—
(a) the Regulator may amend the stated map or stated list
prepared and published by it and the relevant road
authority may amend the stated map or stated list
Page 170 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 142]

prepared and published by it, but only by omitting,

varying or extending—
(i) the areas or routes mentioned in subsection (2)(b);
or
(ii) the road conditions or travel conditions mentioned
in subsection (3);
including by adding additional areas, routes, road
conditions or travel conditions; and
(b) the Regulator must ensure a copy of the stated map or
stated list as in force from time to time is—
(i) made available for inspection, without charge,
during normal business hours at each office of the
Regulator; and
(ii) published on the Regulator’s website or published
by way of a reference or link published on the
Regulator’s website.
Note—
The Regulator must publish a stated map or stated list whether
the Regulator or a relevant road authority originally prepared
and published it as mentioned in subsection (2).
(6) Despite subsection (5)(a), a road authority may only amend a
map or list in a way that affects a particular road if—
(a) the road authority is the road manager for the road; or
(b) the road authority is not the road manager for the road
and has been advised by the Regulator that the
Regulator has obtained the consent of the road manager
for the amendment.
(7) In this section—
relevant road authority, for a class 2 heavy vehicle
authorisation (notice), means the road authority for the
participating jurisdiction in which the road likely to be
travelled under the authorisation is situated.
road conditions means road conditions required by the
relevant road manager under section 160.
Current as at 19 February 2024 Page 171
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 142A]

travel conditions means travel conditions required by the

relevant road manager under section 161.

142A Process for amending stated map or stated list

(1) This section applies to the amendment of a stated map or
stated list mentioned in section 142.
(2) For the purpose of an amendment by the Regulator only
adding an additional area or route to a stated map or stated
list—
(a) section 139 applies; and
(b) Division 2 of Part 4.7 applies to the extent the division
relates to the grant of a class 2 heavy vehicle
authorisation (notice); and
(c) Division 3 of Part 4.7 does not apply.
(3) For the purpose of subsection (2), section 139 and Division 2
of Part 4.7 apply as if—
(a) a reference to the grant of a class 2 heavy vehicle
authorisation (notice) or a mass or dimension authority
were a reference to the adding of the additional area or
route; and
(b) a reference to the relevant road manager for a class 2
heavy vehicle authorisation (notice) or a mass or
dimension authority were a reference to the relevant
road manager for the authorisation or authority that
applies the stated map or stated list.
(4) For the purpose of an amendment by the relevant road
authority only adding an additional area or route to, or only
removing a road condition or travel condition from, a stated
map or stated list, section 139 and Part 4.7 do not apply.
(5) For the purpose of an amendment by the Regulator or a
relevant road authority if subsections (2) to (4) do not apply,
Division 3 of Part 4.7 applies to the extent the division relates
to the amendment of a class 2 heavy vehicle authorisation
(notice).
Page 172 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 143]

(6) For the purpose of subsection (5), Division 3 of Part 4.7

applies as if—
(a) a reference to the amendment of a mass or dimension
authority were a reference to the amendment of the
stated map or stated list; and
(b) a reference to the Regulator were a reference to the
Regulator or the relevant road authority, whichever is
amending the stated map or stated list; and
(c) a reference to the relevant road manager for a mass or
dimension authority were a reference to the relevant
road manager for the authority that applies the stated
map or stated list.

Division 4 Authorisation by permit

143 Regulator’s power to authorise use of a particular class 2

heavy vehicle
(1) The Regulator may, by giving a person a permit as mentioned
in section 148, authorise, for a period of not more than 3
years, the use of a class 2 heavy vehicle—
(a) in stated areas or on stated routes; and
(b) during stated hours of stated days.
(2) An authorisation under subsection (1) is a class 2 heavy
vehicle authorisation (permit).
(3) A class 2 heavy vehicle authorisation (permit) may apply to 1
or more heavy vehicles.
Note—
See Division 4 of Part 4.7 in relation to amendment, suspension or
cancellation of a class 2 heavy vehicle authorisation (permit).

Current as at 19 February 2024 Page 173

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 144]

144 Application for class 2 heavy vehicle authorisation

(permit)
(1) A person may apply to the Regulator for a class 2 heavy
vehicle authorisation (permit).
(2) The application must be—
(a) in the approved form; and
(b) accompanied by the prescribed fee for the application.
(3) The Regulator may, by notice given to the applicant, require
the applicant to give the Regulator any additional information
the Regulator reasonably requires to decide the application.

145 Restriction on grant of class 2 heavy vehicle

authorisation (permit)
(1) The Regulator may grant a class 2 heavy vehicle authorisation
(permit) for a class 2 heavy vehicle only if—
(a) the Regulator is satisfied the use of the class 2 heavy
vehicle on a road under the authorisation will not pose a
significant risk to public safety; and
(b) each relevant road manager for the authorisation has
consented to the grant; and
(c) the Regulator is satisfied all other consents required for
the authorisation under the law of the relevant
jurisdiction have been obtained by the applicant or have
been otherwise given.
(2) In deciding whether to grant a class 2 heavy vehicle
authorisation (permit), the Regulator must have regard to the
approved guidelines for granting class 2 heavy vehicle
authorisations.

146 Conditions of class 2 heavy vehicle authorisation (permit)

A class 2 heavy vehicle authorisation (permit)—

Page 174 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 147]

(a) must be subject to the road conditions or travel

conditions required by a relevant road manager for the
authorisation under section 160 or 161; and
(b) may be subject to any other conditions the Regulator
considers appropriate, including, for example—
(i) conditions about 1 or more matters mentioned in
Schedule 2; and
(ii) without limiting subparagraph (i), intelligent
access program conditions.

147 Period for which class 2 heavy vehicle authorisation

(permit) applies
(1) A class 2 heavy vehicle authorisation (permit) applies for the
period stated in the permit for the authorisation.
(2) The period may be less than the period sought by the applicant
for the class 2 heavy vehicle authorisation (permit).

148 Permit for class 2 heavy vehicle authorisation (permit)

etc.
(1) If the Regulator grants a class 2 heavy vehicle authorisation
(permit) to a person, the Regulator must give the person—
(a) a permit for the authorisation; and
(b) a notice stating the review and appeal information for
any of the following decisions that is a reviewable
decision—
(i) the Regulator’s decision to grant the authorisation
for a period or impose a condition on the
authorisation;
(ii) a relevant road manager’s decision to consent to
the grant of the authorisation subject to a condition
that a road condition or travel condition be
imposed on the authorisation.

Current as at 19 February 2024 Page 175

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 149]

Note—
Under section 641(6)(a), this notice must also state
particular information about obtaining a statement of
reasons for the decision.
(2) A permit for a class 2 heavy vehicle authorisation (permit)
must state the following—
(a) the name and address of the person to whom the permit
is given;
(b) if the authorisation applies to particular categories of
class 2 heavy vehicles, the categories of heavy vehicles
to which the authorisation applies;
(c) the areas or routes to which the authorisation applies;
(d) the days and hours to which the authorisation applies;
(e) the road conditions or travel conditions required by a
relevant road manager for the authorisation under
section 160 or 161;
(f) any other conditions applying to a class 2 heavy vehicle
being used on a road under the authorisation;
(g) the period for which the authorisation applies.

149 Refusal of application for class 2 heavy vehicle

authorisation (permit)
If the Regulator refuses an application for a class 2 heavy
vehicle authorisation (permit), the Regulator must give the
applicant an information notice for the decision to refuse the
application.
Note—
See section 166 for the requirements for an information notice relating
to a road manager’s decision not to give consent to the grant of a class 2
heavy vehicle authorisation (permit).

Page 176 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 150]

Division 5 Operating under class 2 heavy

vehicle authorisation

150 Contravening condition of class 2 heavy vehicle

authorisation
(1) The driver or operator of a class 2 heavy vehicle being used on
a road under a class 2 heavy vehicle authorisation must not
contravene a condition of the authorisation.
Maximum penalty—$6000.
(2) Subsection (1) does not apply to a condition mentioned in
section 151(1).

151 Keeping relevant document while driving under class 2

heavy vehicle authorisation (notice)
(1) This section applies if a class 2 heavy vehicle authorisation
(notice) is subject to the condition that the driver of a class 2
heavy vehicle who is driving the vehicle under the
authorisation must keep a relevant document in the driver’s
possession.
(2) A driver of the class 2 heavy vehicle who is driving the
vehicle under the class 2 heavy vehicle authorisation (notice)
must comply with the condition.
Maximum penalty—$3000.
(3) Each relevant party for a driver mentioned in subsection (2)
must ensure the driver complies with subsection (2), unless
the relevant party has a reasonable excuse.
Maximum penalty—$3000.
(7) In this section—
relevant document, for a class 2 heavy vehicle authorisation
(notice), means a copy of—
(a) the Commonwealth Gazette notice for the authorisation;
or

Current as at 19 February 2024 Page 177

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 152]

(b) an information sheet about the authorisation published

by the Regulator on the Regulator’s website.
relevant party, for the driver of a class 2 heavy vehicle,
means—
(a) an employer of the driver if the driver is an employed
driver; or
(b) a prime contractor of the driver if the driver is a
self-employed driver; or
(c) an operator of the vehicle if the driver is making a
journey for the operator.

152 Keeping copy of permit while driving under class 2 heavy

vehicle authorisation (permit)
(1) The driver of a class 2 heavy vehicle who is driving the
vehicle under a class 2 heavy vehicle authorisation (permit)
must keep a copy of the permit for the authorisation in the
driver’s possession.
Maximum penalty—$3000.
(2) If the driver of a class 2 heavy vehicle is driving the vehicle
under a class 2 heavy vehicle authorisation (permit) granted to
a relevant party for the driver and the relevant party has given
the driver a copy of a permit for the purpose of subsection (1),
the driver must, as soon as reasonably practicable, return the
copy to the relevant party if the driver stops working for the
relevant party.
Maximum penalty—$4000.
(3) Each relevant party for a driver mentioned in subsection (1)
must ensure the driver complies with subsection (1), unless
the relevant party has a reasonable excuse.
Maximum penalty—$3000.
(7) In this section—
relevant party, for the driver of a class 2 heavy vehicle,
means—
Page 178 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 153A]

(a) an employer of the driver if the driver is an employed

driver; or
(b) a prime contractor of the driver if the driver is a
self-employed driver; or
(c) an operator of the vehicle if the driver is making a
journey for the operator.

Part 4.6A Restricted access vehicles

153A Using restricted access vehicle

(1) A person must not use a restricted access vehicle, or permit a
restricted access vehicle to be used, on a road unless the road
is one on which the vehicle is allowed to be used under a mass
or dimension authority applying to the vehicle.
Maximum penalty—$6000.
(2) In this section—
restricted access vehicle means a heavy vehicle that (together
with its load) is—
(a) higher than 4.3m; or
(b) wider than 2.5m; or
(c) longer than—
(i) if a single vehicle other than an articulated
bus—12.5m;
(ii) if an articulated bus—18m; or
(iii) if a combination—19m.
safer freight vehicle means a single heavy motor vehicle that
meets the requirements prescribed for the purposes of this
definition by the national regulations, but does not include a
bus.
single heavy motor vehicle means a motor vehicle that, on its
own, is a heavy vehicle.
Current as at 19 February 2024 Page 179
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 153A]

specified semitrailer means a semitrailer that—

(a) is not a PBS vehicle; and
(b) has an air suspension system with effective dampers
fitted; and
(c) has a deck height not higher than 1.2m for at least 50%
of its deck length; and
(d) if in a combination—the combination—
(i) consists only of—
(A) a prime mover towing a single semitrailer
attached to the prime mover by a fifth wheel
coupling; or
(B) a B-double; or
(C) a B-triple; and
(ii) has a mass not more than 90% of the prescribed
mass requirements for the combination.
Note—
Although this section does not apply to certain combinations, a
combination that is a class 2 heavy vehicle will still need to have a class
2 heavy vehicle authorisation (see s 137).
(3) This section does not apply to—
(a) a class 2 heavy vehicle; or
(b) a specified PBS vehicle as defined in section 136(2); or
Note—
All other PBS vehicles are class 2 heavy vehicles (see
section 136).
(c) a specified semitrailer; or
(d) a safer freight vehicle; or
(e) a combination that—
(i) includes a safer freight vehicle, together with its
load, that is the only component vehicle wider than
2.5m; and

Page 180 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 154]

(ii) is not higher than 4.3m; and

(iii) is not longer than 19m.

Part 4.7 Particular provisions about

mass or dimension authorities

Division 1 Preliminary

154 Definitions for Pt 4.7

In this Part—
road condition—
(a) means a condition directed at—
(i) protecting road infrastructure; or
(ii) preventing or minimising an adverse effect on the
community arising from noise, emissions or traffic
congestion or from other matters stated in
approved guidelines; or
(iii) preventing or minimising significant risks to public
safety arising from heavy vehicle use that is
incompatible with road infrastructure or traffic
conditions; but
(b) does not include a condition requiring the installation of
equipment or another thing in a vehicle unless the
equipment or thing is required to be installed in the
vehicle for an intelligent access program condition
imposed in connection with a condition directed at the
matters mentioned in paragraph (a)(i), (ii) or (iii).
route assessment, in relation to a mass or dimension
authority, means an assessment of the road infrastructure in
the areas or on the routes to which the authority is to apply to
decide the impact the grant of the authority will have, or is
likely to have, on the road infrastructure.
Current as at 19 February 2024 Page 181
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 155]

travel condition means a condition directed at ensuring that

access to a stated route or area is limited to either or both of
the following—
(a) stated days or hours (or both);
(b) travel in a stated direction.
vehicle condition means a condition directed at ensuring a
vehicle can operate safely on roads.

Division 2 Obtaining consent of relevant road

managers

155 Application of Div 2

This Division applies in relation to the Regulator obtaining
the consent of the road manager for a road for the purpose of
granting a mass or dimension authority.

156 Period within which road manager must decide

(1) If the Regulator asks a road manager for a road for the road
manager’s consent to the grant of a mass or dimension
authority, the road manager must decide to give or not to give
the consent—
(a) within—
(i) 28 days after the request is made, unless
subparagraph (ii) applies; or
(ii) if this section applies because the road manager
gave the Regulator a notice of objection to the
grant under section 167—14 days after giving the
notice of objection; or
(b) within a longer period, of not more than 6 months after
the request is made, agreed to by the Regulator.
Note—
See, however, sections 159, 167 and 168.

Page 182 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 156A]

(2) The road manager may ask for, and the Regulator may agree
to, a longer period under subsection (1)(b) only if—
(a) consultation is required under a law with another entity
(including, for example, for the purpose of obtaining
that entity’s approval to give the consent); or
(b) the road manager considers a route assessment is
necessary for deciding whether to give or not to give the
consent; or
(c) the road manager is the road authority for the
participating jurisdiction and considers that a local
government authority that is not required under a law to
be consulted should nevertheless be consulted before
deciding whether to give or not to give the consent.
(3) If the Regulator agrees to a longer period under
subsection (1)(b), the Regulator must give the applicant for
the mass or dimension authority concerned a written
statement of the decision—
(a) identifying the road manager concerned; and
(b) indicating the ground on which the road manager asked
for a longer period.

156A Deciding request for consent generally

(1) If the Regulator asks a road manager for a road for the road
manager’s consent to the grant of a mass or dimension
authority, the road manager may decide not to give the
consent only if the road manager is satisfied—
(a) the mass or dimension authority will, or is likely to—
(i) cause damage to road infrastructure; or
(ii) impose adverse effects on the community arising
from noise, emissions or traffic congestion or from
other matters stated in approved guidelines; or
(iii) pose significant risks to public safety arising from
heavy vehicle use that is incompatible with road
infrastructure or traffic conditions; and
Current as at 19 February 2024 Page 183
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 157]

(b) it is not possible to grant the authority subject to road

conditions or travel conditions that will avoid, or
significantly minimise—
(i) the damage or likely damage; or
(ii) the adverse effects or likely adverse effects; or
(iii) the significant risks or likely significant risks.
(2) If the road manager considers that the consent would be given
if the mass of the vehicle under the application for the
authority was less than applied for, the road manager must
give the consent subject to a road condition that the vehicle
not exceed the mass.
(3) Also, in deciding whether or not to give the consent, the road
manager must have regard to—
(a) for a mass or dimension exemption—the approved
guidelines for granting mass or dimension exemptions;
or
(b) for a class 2 heavy vehicle authorisation—the approved
guidelines for granting class 2 heavy vehicle
authorisations.
(4) If a relevant road manager for a mass or dimension authority
decides not to give consent to the grant of the authority, the
relevant road manager must give the Regulator a written
statement that explains the road manager’s decision and
complies with section 172.

157 Obtaining third party’s approval for giving consent for

permit
(1) This section applies if—
(a) a person (the applicant) applies for a mass or dimension
exemption (permit) or class 2 heavy vehicle
authorisation (permit); and
(b) consultation with another entity is required under a law.
(2) The Regulator must—
Page 184 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 158]

(a) notify the applicant that consultation is required; and

(b) notify the road manager that the applicant has been
notified of the requirement.
(3) The Regulator must, as far as practicable, give the
notifications under subsection (2) concurrently with asking
the road manager for the consent.

158 Action pending consultation with third party

(1) This section applies if—
(a) consultation with another entity is required under a law;
and
(b) the road manager does not ask for a longer period under
section 156(1)(b) or the Regulator refuses to agree to a
longer period asked for under section 156(1)(b).
(2) If the consultation with the other entity is not yet completed,
the road manager must, as far as practicable, deal with the
request for consent and decide to give or not to give the
consent (even though the consultation with the other entity is
not completed).
(3) If the road manager decides to give the consent even though
the consultation with the other entity is not completed, the
consent is not operative unless and until—
(a) the consultation is completed; and
(b) if the other entity’s approval is required, the other entity
gives its approval.
(4) If—
(a) the consultation with the other entity is completed and
the other entity’s approval is required; and
(b) the road manager has not yet decided to give or not to
give the consent;
the road manager may—
(c) decide not to give the consent, on the ground that the
consent would be inoperative; or
Current as at 19 February 2024 Page 185
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 159]

(d) decide to give the consent, but the consent is inoperative

without the other entity’s approval.
(5) The Regulator must not grant a mass or dimension authority
if—
(a) consultation is required under a law with another entity;
and
(b) the other entity’s approval is required; and
(c) the other entity has declined to give its approval.

159 Deciding request for consent if route assessment

required
(1) This section applies if—
(a) a person (the applicant) applies for a mass or dimension
exemption (permit) or class 2 heavy vehicle
authorisation (permit); and
(b) the Regulator asks a road manager for a road for the
road manager’s consent to the grant of the exemption or
authorisation; and
(c) the road manager considers a route assessment is
necessary for deciding whether to give or not to give the
consent.
(2) The road manager may notify the Regulator of the
following—
(a) that a route assessment is required for the road manager
deciding whether to give or not to give the consent;
(b) the fee payable (if any) for the route assessment under a
law of the jurisdiction in which the road is situated.
(3) The Regulator must notify the applicant of the following—
(a) that a route assessment is required for the road manager
deciding whether to give or not to give the consent;
(b) the fee payable (if any) for the route assessment under a
law of the jurisdiction in which the road is situated;
Page 186 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 160]

(c) if a fee is payable for the route assessment under a law

of the jurisdiction in which the road is situated, that the
road manager may stop considering whether to give or
not to give the consent until the fee is paid;
(d) if, under section 156(1)(b), the Regulator agrees to a
longer period for the road manager deciding whether to
give or not to give the consent, the longer period agreed
by the Regulator.
(4) If a fee is payable for the route assessment under a law of the
jurisdiction in which the road is situated—
(a) the road manager may stop considering whether to give
or not to give the consent until the fee is paid; and
(b) the period between the day the applicant is given the
notification under subsection (3) and the day the fee is
paid must not be counted in working out the period
taken by the road manager to decide whether to give or
not to give the consent.
(5) If the applicant does not pay the fee for the route assessment
within 28 days after the notification is given to the applicant
under subsection (3), or a longer period agreed to by the
Regulator, the application lapses.

160 Imposition of road conditions

(1) A relevant road manager for a mass or dimension authority
may consent to the grant of the authority subject to—
(a) except in the case of a class 2 heavy vehicle
authorisation (notice)—the condition that a stated road
condition is imposed on the authority; or
(b) in the case of a class 2 heavy vehicle authorisation
(notice)—the condition that a stated road condition of a
type prescribed by the national regulations is imposed
on the authority.
(2) If a relevant road manager for a mass or dimension authority
consents to the grant of the authority subject to a condition as
mentioned in subsection (1)(a)—
Current as at 19 February 2024 Page 187
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 161]

(a) the relevant road manager must give the Regulator a

written statement that explains the road manager’s
decision to give consent to the grant of the authority
subject to the condition and complies with section 172;
and
(b) the Regulator must impose the stated road condition on
the authority.
(3) If a relevant road manager for a mass or dimension authority
consents to the grant of the authority subject to a condition as
mentioned in subsection (1)(b), the Regulator must impose
the stated road condition on the authority.
(4) The national regulations may prescribe road conditions, or
kinds of road conditions, for the purposes of subsection (1)(b)
and must prescribe the circumstances in which it is
appropriate to impose such a condition.

161 Imposition of travel conditions

(1) A relevant road manager for a mass or dimension authority
may consent to the grant of the authority subject to the
condition that a stated travel condition is imposed on the
authority.
(2) If a relevant road manager for a mass or dimension authority
consents to the grant of the authority as mentioned in
subsection (1)—
(a) the relevant road manager must give the Regulator a
written statement that explains the road manager’s
decision to give consent to the grant of the authority
subject to the condition and complies with section 172;
and
(b) the Regulator must impose the stated travel condition on
the authority.

162 Imposition of vehicle conditions

(1) A relevant road manager for a mass or dimension authority
who gives consent to the grant of the authority may ask the
Page 188 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 163]

Regulator to impose a stated vehicle condition on the

authority.
(2) If a relevant road manager for a mass or dimension authority
makes a request as mentioned in subsection (1), the Regulator
must—
(a) consider the request and decide—
(i) to impose the stated vehicle condition on the
authority (with or without modification); or
(ii) not to impose the stated vehicle condition on the
authority; and
(b) notify the relevant road manager of the decision under
paragraph (a).

163 Obtaining consent of road authority if particular road

manager refuses to give consent
(1) This section applies if a relevant road manager for a mass or
dimension authority—
(a) is a public authority other than a road authority; and
(b) either—
(i) decides not to consent to the grant of the mass or
dimension authority; or
(ii) consents to the grant of the mass or dimension
authority subject to the imposition of road
conditions or travel conditions the Regulator
considers are not necessary to avoid, or
significantly minimise—
(A) damage, or likely damage, to road
infrastructure; or
(B) adverse effects, or likely adverse effects, on
the community arising from noise, emissions
or traffic congestion or from other matters
stated in approved guidelines; or

Current as at 19 February 2024 Page 189

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 166]

(C) significant risks, or likely significant risks, to

public safety arising from heavy vehicle use
that is incompatible with road infrastructure
or traffic conditions.
(2) The Regulator may ask the relevant road authority to consent
to the grant.
(3) If the Regulator asks the relevant road authority for consent
under this section, the road authority must decide to give or
not to give the consent—
(a) within 3 months of the request; or
(b) within a longer period, of not more than 6 months,
agreed to by the Regulator.
(4) If the relevant road authority gives the consent or gives the
consent on the condition that a stated road condition or travel
condition is imposed on the mass or dimension authority—
(a) the decision of the relevant road manager has no effect
for the purposes of this Law; and
(b) to the extent this Law applies in relation to the consent
of, or the road conditions or travel conditions required
by, the relevant road manager, this Law (other than this
section) applies as if a reference in it to the relevant road
manager were a reference to the relevant road authority.
(5) In this section—
relevant road authority, for a decision of a relevant road
manager for a mass or dimension authority, means the road
authority for the participating jurisdiction in which the road
for which the relevant road manager is a road manager is
situated.

166 Information notice for decision to refuse application

because road manager did not give consent
(1) This section applies if an application for a mass or dimension
authority is refused, wholly or partly, because a relevant road

Page 190 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 167]

manager for the authority has refused to consent to the

authority.
(2) The information notice for the decision to refuse the
application given to the applicant under this Law must state
the following, in addition to any other information required to
be included in the information notice—
(a) that the road manager has refused to consent to the mass
or dimension authority;
(b) a written statement that explains the road manager’s
decision to refuse to give the consent and complies with
section 172;
(c) the review and appeal information for the road
manager’s decision to refuse to give the consent.

167 Expedited procedure for road manager’s consent for

renewal of mass or dimension authority
(1) This section applies if—
(a) the relevant road manager has previously consented to a
grant of a mass or dimension authority (the previous
authority); and
(b) the Regulator proposes to grant a mass or dimension
authority (the proposed replacement authority) by way
of renewal so as to replace the previous authority on its
expiry; and
(c) the Regulator proposes to impose the same conditions
on the proposed replacement authority as applied to the
previous authority; and
(d) the Regulator informs the relevant road manager that the
Regulator is seeking to obtain the manager’s consent in
accordance with the procedure under this section (the
expedited procedure).
(2) However, this section does not apply, or ceases to apply, if—

Current as at 19 February 2024 Page 191

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 167]

(a) there are differences between the terms of the previous

authority and the terms of the proposed replacement
authority, including, for example—
(i) differences relating to the description of the type of
heavy vehicle covered by the proposed
replacement authority; and
(ii) additional, deleted or varied conditions; and
(iii) the inclusion of additional areas or routes; or
(b) the relevant road manager gives the Regulator a notice
of objection to the application of this section to the
proposed replacement authority and that notice of
objection is given within the period (the relevant
period) of—
(i) 14 days after the request for consent is made; or
(ii) 28 days after the request for consent is made if the
road manager seeks the extension of time within
the initial 14 days; or
(c) the Regulator gives the relevant road manager a notice
that the Regulator withdraws the proposed replacement
authority from the expedited procedure; or
(d) a law of this jurisdiction requires consultation with third
parties before the grant of the proposed replacement
authority or before access to a particular route or area
covered by it is given.
(3) The road manager is taken to have given the consent at the end
of the relevant period to the grant of the proposed replacement
authority on the same conditions as applied to the previous
authority, unless before the end of that period the road
manager gives written notice to the Regulator that the road
manager gives or refuses consent.

Page 192 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 168]

168 Operation of section 167

(1) Sections 156 to 166 do not apply to a request for consent
while a proposed replacement authority is being dealt with
under the expedited procedure under section 167.
(2) Those sections apply to the request for consent if section 167
does not apply or ceases to apply, as referred to in
section 167(2).

169 Granting limited consent for trial purposes

(1) A relevant road manager may give consent to the grant of a
mass or dimension authority for a trial period of no more than
3 months specified by the road manager.
(2) The trial period determines the maximum period for which the
mass or dimension authority applies.
(3) If there is more than one relevant road manager in relation to a
proposed mass or dimension authority, the consent of one or
more of the road managers is ineffective unless all the road
managers give their consent to the same effect.

170 Renewal of limited consent for trial purposes

(1) The Regulator must notify each relevant road manager that
gave consent under section 169 that the mass or dimension
authority concerned will be renewed with effect from the end
of the current period of its duration unless action is taken
under this section.
(2) The notification must be given at least one month before the
end of the current trial period.
(3) The Regulator must renew the mass or dimension authority
for a further trial period of no more than 3 months, unless the
Regulator receives a written objection to its renewal from a
relevant road manager within the current trial period.
(4) The mass or dimension authority is renewable for one or more
further trial periods.

Current as at 19 February 2024 Page 193

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 171]

171 Period for which mass or dimension authority applies

where limited consent
(1) This section applies where a mass or dimension exemption is
granted under section 169 or 170.
(2) In the case of a mass or dimension exemption (permit) or a
class 2 heavy vehicle authorisation (permit), the period for
which the permit applies must not exceed the length of the
trial period.
(3) In the case of a mass or dimension exemption (notice) or a
class 2 heavy vehicle authorisation (notice), then, despite
section 120 or 141, the period for which the notice applies is
so much of the period stated in the Commonwealth Gazette
notice referred to in that section as does not exceed the trial
period.

172 Requirements for statement explaining adverse decision

of road manager
(1) This section applies to a written statement explaining a
decision of a relevant road manager under this Division—
(a) not to give consent to the grant of a mass or dimension
authority (as referred to in section 156A); or
(b) to consent to the grant of a mass or dimension authority
on the condition that—
(i) a road condition is imposed on the authority (as
referred to in section 160); or
(ii) a travel condition is imposed on the authority (as
referred to in section 161).
(2) The written statement complies with this section if it sets out
the findings on material questions of fact, referring to the
evidence or other material on which those findings were based
and giving the reasons for the road manager’s decision.

Page 194 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 173]

Division 3 Amendment, cancellation or

suspension of mass or dimension
authority granted by
Commonwealth Gazette notice

173 Amendment or cancellation on Regulator’s initiative

(1) It is a ground for amending or cancelling a mass or dimension
authority granted by Commonwealth Gazette notice if the use
of heavy vehicles on a road under the authority has caused, or
is likely to cause, a significant risk to public safety.
(2) If the Regulator considers a ground exists to amend or cancel
the mass or dimension authority, the Regulator may amend or
cancel the authority by complying with subsections (3) to (5).
(3) The Regulator must publish a public notice—
(a) stating that the Regulator believes a ground exists to
amend or cancel the authority; and
(b) outlining the facts and circumstances forming the basis
for the belief; and
(c) stating the action the Regulator is proposing to take
under this section (the proposed action); and
(d) inviting persons who will be affected by the proposed
action to make, within a stated time of at least 14 days
after the Commonwealth Gazette notice is published,
written representations about why the proposed action
should not be taken.
(4) If, after considering all written representations made under
subsection (3)(d), the Regulator still considers a ground exists
to take the proposed action, the Regulator may—
(a) if the proposed action was to amend the mass or
dimension authority—amend the authority in a way that
is not substantially different from the proposed action,
including, for example, by—
(i) amending the areas or routes to which the authority
applies; or
Current as at 19 February 2024 Page 195
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 174]

(ii) amending the days or hours to which the authority

applies; or
(iii) imposing additional vehicle conditions on the
authority; or
(b) if the proposed action was to cancel the mass or
dimension authority—
(i) amend the authority, including, for example, as
mentioned in paragraph (a)(i), (ii) or (iii); or
(ii) cancel the authority.
(5) The Regulator must publish a public notice of the amendment
or cancellation.
(6) The amendment or cancellation takes effect—
(a) 28 days after the Commonwealth Gazette notice is
published under subsection (5); or
(b) if a later time is stated in the Commonwealth Gazette
notice, at the later time.

174 Amendment or cancellation on request by relevant road

manager
(1) This section applies if a relevant road manager for a mass or
dimension authority granted by Commonwealth Gazette
notice is satisfied the use of heavy vehicles on a road under
the authority—
(a) has caused, or is likely to cause, damage to road
infrastructure; or
(b) has had, or is likely to have, an adverse effect on the
community arising from noise, emissions or traffic
congestion or from other matters stated in approved
guidelines; or
(c) has posed, or is likely to pose, a significant risk to public
safety arising from heavy vehicle use that is
incompatible with road infrastructure or traffic
conditions.
Page 196 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 174]

(2) The road manager may ask the Regulator to—

(a) amend the mass or dimension authority by—
(ia) amending the category of vehicle to which the
authority applies; or
(ib) amending the type of load that may be carried by
vehicles to which the authority applies; or
(i) amending the areas or routes to which the authority
applies; or
(ii) amending the days or hours to which the authority
applies; or
(iii) imposing or amending road conditions or travel
conditions; or
(b) cancel the authority.
(3) The Regulator must comply with the request.
(4) However, if consent to the grant of the mass or dimension
authority was given by a road authority under section 163—
(a) the Regulator may refer the request to the road
authority; and
(b) if the road authority gives the Regulator its written
approval of the request, the Regulator must comply with
the request; and
(c) if the road authority does not give written approval of
the road manager’s request within 28 days after the
referral is made, the Regulator—
(i) must not comply with the request; and
(ii) must notify the road manager that the road
authority has not given its written approval of the
request and, as a result, the Regulator must not
comply with it.
(5) The Regulator must publish a public notice of the amendment
or cancellation.
(6) The amendment or cancellation takes effect—
Current as at 19 February 2024 Page 197
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 175]

(a) 28 days after the Commonwealth Gazette notice is

published under subsection (5); or
(b) if a later time is stated in the Commonwealth Gazette
notice, at the later time.

175 Immediate suspension

(1) This section applies if the Regulator considers it is necessary
to suspend a mass or dimension authority granted by
Commonwealth Gazette notice immediately to prevent or
minimise serious harm to public safety or significant damage
to road infrastructure.
(2) The Regulator may, by public notice, immediately suspend
the authority until the earliest of the following—
(a) the end of 56 days after the day the public notice is
published;
(b) the Regulator publishes a notice under section 173(5) or
174(5) and the amendment or cancellation takes effect
under section 173(6) or 174(6);
(c) the Regulator cancels the suspension by public notice.
(4) The suspension, and (where relevant) the cancellation of the
suspension, takes effect immediately after the Commonwealth
Gazette notice is published under subsection (3).
(5) This section applies despite sections 173 and 174.

175A Minor amendment

(1) The Regulator may amend a mass or dimension authority,
granted by Commonwealth Gazette notice, in a minor
respect—
(a) for a formal or clerical reason; or
(b) in another way that does not adversely affect the
interests of a person who is operating under the
authority.
(2) The Regulator must publish a public notice of the amendment.
Page 198 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 176]

Division 4 Amendment, cancellation or

suspension of mass or dimension
authority granted by permit

176 Amendment or cancellation on application by permit

holder
(1) The holder of a permit for a mass or dimension authority may
apply to the Regulator for an amendment or cancellation of
the authority.
(2) The application must—
(a) be in writing; and
(b) be accompanied by the prescribed fee for the
application; and
(c) if the application is for an amendment, state clearly the
amendment sought and the reasons for the amendment;
and
(d) be accompanied by the permit.
(3) The Regulator may, by notice given to the applicant, require
the applicant to give the Regulator any additional information
the Regulator reasonably requires to decide the application.
(4) If the proposed amendment of the mass or dimension
authority is—
(a) to amend the areas or routes to which the authority
applies (otherwise than by omitting an area or route or
reducing an area or route in size); or
(b) to impose or amend road conditions or travel conditions;
then—
(c) the Regulator must ask the relevant road managers (for
the roads to which the amendment relates) for their
consent to the amendment; and
(d) the provisions of Division 2 apply to the request for
consent in the same way as they apply to a request for
consent under that Division, with the modifications (if
Current as at 19 February 2024 Page 199
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 176]

any) prescribed by the national regulations and with any

necessary modifications.
(5) The Regulator must decide the application as soon as
practicable after receiving it.
(6) If the Regulator decides to grant the application—
(a) the Regulator must give the applicant notice of the
decision; and
(b) the amendment or cancellation takes effect—
(i) when notice of the decision is given to the
applicant; or
(ii) if a later time is stated in the notice, at the later
time; and
(c) if the Regulator amended the authority, the Regulator
must give the applicant a replacement permit for the
authority as amended.
(d) if the authority is amended to change the vehicle to
which the authority applies to an equivalent vehicle, the
Regulator must give notice of the amendment to the
relevant road manager within 28 days after the authority
is amended.
(7) If the Regulator decides not to amend or cancel the mass or
dimension authority as sought by the applicant, the Regulator
must—
(a) give the applicant an information notice for the decision;
and
(b) return the permit for the authority to the applicant.
(8) In this section—
equivalent vehicle, of another vehicle, means a vehicle that—
(a) is of the same category as the other vehicle; and
(b) has mass requirements that are no more than the mass
requirements applying to the other vehicle; and

Page 200 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 177]

(c) has dimension requirements that are no more than the

dimension requirements applying to the other vehicle;
and
(d) poses no greater public risk than the other vehicle.

177 Amendment or cancellation on Regulator’s initiative

(1) Each of the following is a ground for amending or cancelling
a mass or dimension authority granted by giving a person a
permit—
(a) the authority was granted because of a document or
representation that was—
(i) false or misleading; or
(ii) obtained or made in an improper way;
(b) the holder of the permit for the authority has
contravened a condition of the authority;
(c) the use of heavy vehicles on a road under the authority
has caused, or is likely to cause, a significant risk to
public safety.
(2) If the Regulator considers a ground exists to amend or cancel
a mass or dimension authority granted by giving a person a
permit (the proposed action), the Regulator must give the
holder of the permit a notice—
(a) stating the proposed action; and
(b) stating the ground for the proposed action; and
(c) outlining the facts and circumstances forming the basis
for the ground; and
(d) if the proposed action is to amend the authority
(including a condition of the authority)—stating the
proposed amendment; and
(e) inviting the holder to make, within a stated time of at
least 14 days after the notice is given to the holder,
written representations about why the proposed action
should not be taken.
Current as at 19 February 2024 Page 201
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 178]

(3) If, after considering all written representations made under

subsection (2)(e), the Regulator still considers a ground exists
to take the proposed action, the Regulator may—
(a) if the proposed action was to amend the mass or
dimension authority—amend the authority in a way that
is not substantially different from the proposed action,
including, for example, by—
(i) amending the areas or routes to which the authority
applies; or
(ii) amending the days or hours to which the authority
applies; or
(iii) imposing additional vehicle conditions on the
authority; or
(b) if the proposed action was to cancel the authority—
(i) amend the authority, including, for example, as
mentioned in paragraph (a)(i), (ii) or (iii); or
(ii) cancel the authority.
(4) The Regulator must give the holder an information notice for
the decision.
(5) The amendment or cancellation takes effect—
(a) when the information notice is given to the holder; or
(b) if a later time is stated in the information notice, at the
later time.

178 Amendment or cancellation on request by relevant road

manager
(1) This section applies if a relevant road manager for a mass or
dimension authority granted by giving a person a permit is
satisfied the use of heavy vehicles on a road under the
authority—
(a) has caused, or is likely to cause, damage to road
infrastructure; or

Page 202 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 178]

(b) has had, or is likely to have, an adverse effect on the

community arising from noise, emissions or traffic
congestion or from other matters stated in approved
guidelines; or
(c) has posed, or is likely to pose, a significant risk to public
safety arising from heavy vehicle use that is
incompatible with road infrastructure or traffic
conditions.
(2) The road manager may ask the Regulator to—
(a) amend the mass or dimension authority, including, for
example, by—
(i) amending the areas or routes to which the authority
applies; or
(ii) amending the days or hours to which the authority
applies; or
(iii) imposing or amending road conditions or travel
conditions on the authority; or
(b) cancel the authority.
(3) The Regulator must comply with the request.
(4) However, if consent to the grant of the mass or dimension
authority was given by a road authority under section 163—
(a) the Regulator may refer the request to the road
authority; and
(b) if the road authority gives the Regulator its written
approval of the request, the Regulator must comply with
the request; and
(c) if the road authority does not give written approval of
the request within 28 days after the referral is made, the
Regulator—
(i) must not comply with the request; and
(ii) must notify the road manager that the road
authority has not given its written approval of the

Current as at 19 February 2024 Page 203

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 179]

request and, as a result, the Regulator must not

comply with it.
(5) If the mass or dimension authority is amended or cancelled
under this section, the Regulator must give the holder of the
permit for the authority notice of the amendment or
cancellation at least 28 days before the amendment or
cancellation is to take effect.
(6) The notice given to the holder must state—
(a) the day the amendment or cancellation is to take effect;
and
(b) the reasons given by the road manager for the
amendment or cancellation; and
(c) the review and appeal information for the road
manager’s decision.

179 Immediate suspension

(1) This section applies if the Regulator considers it is necessary
to suspend a mass or dimension authority granted by issuing a
permit to someone immediately to prevent or minimise
serious harm to public safety or significant damage to road
infrastructure.
(2) The Regulator may, by notice (immediate suspension notice)
given to the person to whom the permit was given,
immediately suspend the authority until the earliest of the
following—
(a) the Regulator gives the person a notice under
section 177(4) or 178(5) and the amendment or
cancellation takes effect under section 177(5) or 178;
(b) the Regulator cancels the suspension;
(c) the end of 56 days after the day the immediate
suspension notice is given to the person.
(3) This section applies despite sections 176, 177 and 178.

Page 204 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 180]

180 Minor amendment of permit for a mass or dimension

authority
(1) The Regulator may, by notice given to the holder of a permit
for a mass or dimension authority, amend the authority in a
minor respect—
(a) for a formal or clerical reason; or
(b) in another way that does not adversely affect the
holder’s interests.
(2) The Regulator must give notice of the amendment to the
relevant road manager—
(a) if the authority is amended for a formal or clerical
reason—within 28 days after the authority is amended;
or
(b) if the authority is amended in another way—as soon as
practicable, but no later than 7 days, after the authority
is amended.

Division 5 Provisions about permits for mass

or dimension authorities

181 Return of permit

(1) This section applies to a mass or dimension authority granted
by giving a person a permit.
(2) If the mass or dimension authority is amended or cancelled,
the Regulator may, by notice, require the person to return the
person’s permit for the authority to the Regulator.
(3) The person must comply with the notice within 7 days after
the notice is given to the person or, if a longer period is stated
in the notice, within the longer period.
Maximum penalty—$4000.
(4) If the mass or dimension authority has been amended, the
Regulator must give the person a replacement permit for the
authority as amended.
Current as at 19 February 2024 Page 205
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 182]

182 Replacement of defaced etc. permit

(1) If a person’s permit for a mass or dimension authority is
defaced, destroyed, lost or stolen, the person must, as soon as
reasonably practicable after becoming aware of the matter,
apply to the Regulator for a replacement permit.
Maximum penalty—$4000.
(2) If the Regulator is satisfied the permit has been defaced,
destroyed, lost or stolen, the Regulator must give the person a
replacement permit as soon as practicable.
(3) If the Regulator decides not to give a replacement permit to
the person, the Regulator must give the person an information
notice for the decision.

Part 4.9 Other offences

Division 1 Towing restriction

184 Towing restriction

(1) A person must not drive a heavy motor vehicle towing more
than 1 other vehicle.
Maximum penalty—$3000.
(2) Subsection (1) does not apply to a person driving a heavy
vehicle—
(a) under a mass or dimension authority; or
(b) in circumstances prescribed by the national regulations.

Division 2 Coupling requirements

185 Requirements about coupling trailers

(1) A person commits an offence if—

Page 206 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 186]

(a) the person uses, or permits to be used, on a road a heavy

combination; and
(b) a trailer in the combination is not securely coupled to
the vehicle in front of it.
Maximum penalty—$6000.
(2) A person commits an offence if—
(a) the person uses, or permits to be used, on a road a heavy
combination; and
(b) the components of a coupling used between vehicles in
the heavy combination are not compatible with, or
properly connected to, each other.
Maximum penalty—$6000.
(3) In this section—
coupling means a device used to couple a vehicle in a
combination to the vehicle in front of it.

Division 3 Transport documentation

186 False or misleading transport documentation for goods

(1) This section applies if goods are consigned for road transport
using a heavy vehicle, or for transport partly by road using a
heavy vehicle and partly by some other means.
(2) The consignor of the goods must ensure, so far as is
reasonably practicable, the consignment documentation is not
false or misleading.
Maximum penalty—$10000.
(3) If the goods are Australian-packed goods, the packer of the
goods must ensure, so far as is reasonably practicable, the
consignment documentation is not false or misleading.
Maximum penalty—$10000.

Current as at 19 February 2024 Page 207

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 186]

(4) If the goods are overseas-packed goods, the receiver of the

goods must ensure, so far as is reasonably practicable, the
consignment documentation is not false or misleading.
Maximum penalty—$10000.
(5) If the goods are loaded on the heavy vehicle, the loading
manager for, or loader of, the goods must ensure, so far as is
reasonably practicable, the consignment documentation is not
false or misleading.
Maximum penalty—$10000.
(8) In a proceeding for an offence against subsection (2), (3), (4)
or (5), it is enough for a charge to state that the transport
documentation was ‘false or misleading’, without specifying
whether it was false or whether it was misleading.
(9) In this section—
Australian-packed goods means goods packed—
(a) in Australia; and
(b) on a pallet or in a package, freight container or other
container.
consignment documentation, for goods, means the transport
documentation for the consignment of the goods, in so far as
the documentation relates to the mass, dimension or loading
of any or all of the goods.
overseas-packed goods means goods packed—
(a) outside Australia; and
(b) on a pallet or in a package, freight container or other
container.
receiver, of goods in Australia, means a person who, other
than the person who merely unloads the goods—
(a) first receives the goods in Australia; or
(b) unpacks the goods after the goods are first unloaded in
Australia.

Page 208 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 187]

187 False or misleading information in container weight

declaration
(1) This section applies in relation to a freight container to be
transported by road using a heavy vehicle, or partly by road
using a heavy vehicle and partly by some other means.
(2) The responsible entity for the freight container must ensure,
so far as is reasonably practicable, the container weight
declaration for the container that is given to an operator of the
heavy vehicle is not false or misleading.
Maximum penalty—$10000.
(3) An operator of the heavy vehicle must ensure, so far as is
reasonably practicable, the container weight declaration for
the container that is given to the vehicle’s driver is not false or
misleading.
Maximum penalty—$10000.
(4) For the purposes of this section, information in a container
weight declaration is not false or misleading merely because it
overstates the actual weight of the freight container and its
contents.
(7) In a proceeding for an offence against subsection (2) or (3), it
is enough for a charge to state that information contained in
the container weight declaration was ‘false or misleading’,
without specifying whether it was false or whether it was
misleading.

Division 4 Other offences about container

weight declarations

188 Application of Div 4

This Division applies to a freight container consigned for road
transport using a heavy vehicle, or for transport partly by road
using a heavy vehicle and partly by some other means.

Current as at 19 February 2024 Page 209

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 189]

189 Meaning of complying container weight declaration

A container weight declaration for a freight container is a
complying container weight declaration if—
(a) it contains the following additional information—
(i) the number and other particulars of the freight
container necessary to identify the container;
(ii) the name and residential address or business
address in Australia of the responsible entity for
the freight container;
(iii) the date the container weight declaration is made;
and
(b) it is written and easily legible.

190 Duty of responsible entity

(1) The responsible entity for the freight container must ensure an
operator or driver of a heavy vehicle does not transport the
freight container by road using the vehicle without a
complying container weight declaration for the freight
container containing information in the form required under
section 192A, unless the responsible entity has a reasonable
excuse.
Maximum penalty—$6000.

191 Duty of operator

(1) An operator of a heavy vehicle must ensure the vehicle’s
driver does not transport the freight container by road using
the vehicle without a complying container weight declaration
for the freight container containing information in the form
required under section 192A.
Maximum penalty—$6000.
(2) If the driver of a heavy vehicle does not have the complying
container weight declaration when transporting the freight
container by road using the vehicle, an operator of the vehicle
Page 210 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 192]

is taken to have contravened subsection (1) unless the

operator—
(a) proves that the driver was provided with the declaration
before the driver started transporting the freight
container; or
(b) has a reasonable excuse.
(3) If the freight container is to be transported by another carrier,
an operator of a heavy vehicle must, unless the operator has a
reasonable excuse, ensure the freight container is not given to
the carrier unless the carrier has been provided with—
(a) a complying container weight declaration for the freight
container containing information in the form required
under section 192A; or
(b) the prescribed particulars contained in a complying
container weight declaration for the freight container.
Maximum penalty—$6000.
(6) In this section—
another carrier means another operator of a heavy vehicle or
another person who is to transport the freight container other
than by road.
prescribed particulars, contained in a complying container
weight declaration for a freight container, means—
(a) information about the weight of the freight container
and its contents; and
(b) the information mentioned in section 189(a).

192 Duty of driver

(1) A person must not drive a heavy vehicle loaded with the
freight container on a road without a complying weight
declaration for the container, unless the person has a
reasonable excuse.
Maximum penalty—$6000.

Current as at 19 February 2024 Page 211

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 192A]

(2) The driver of a heavy vehicle loaded with the freight container
must, unless the driver has a reasonable excuse, when driving
the vehicle on a road, keep the complying container weight
declaration for the container—
(a) in or about the vehicle; and
(b) in a way that ensures information in the declaration is in
the form required under section 192A.
Maximum penalty—$3000.

192A Form of information in container weight declaration

(1) This section applies for the purposes of sections 190(1),
191(1) and (3)(a) and 192(2)(b).
(2) The responsible entity, operator or driver must ensure the
information in the container weight declaration is in a form
readily available to an authorised officer who seeks to
ascertain it while in the presence of the freight container,
including, for example, by—
(a) examining documents located in the heavy vehicle on
which the freight container is loaded or to be loaded; or
(b) examining documents made available to the authorised
officer on an electronic device or otherwise in electronic
form.

Division 5 Other offences

193 Weight of freight container exceeding weight stated on

container or safety approval plate
(1) This section applies if a freight container contains goods
consigned for road transport using a heavy vehicle, or for
transport partly by road using a heavy vehicle and partly by
some other means.

Page 212 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 195]

(2) Each consignor or packer of the goods must ensure, so far as

is reasonably practicable, the weight of the container does not
exceed the maximum gross weight marked on—
(a) the container; or
(b) the container’s safety approval plate.
Maximum penalty—$10000.
(5) In this section—
safety approval plate, for a freight container, means the safety
approval plate required to be attached to the container under
the International Convention for Safe Containers set out in
Schedule 5 of the Navigation Act 1912 of the Commonwealth.

Part 4.10 Other provisions

195 Conflicting mass requirements

(1) This section applies if 2 or more conflicting mass
requirements apply to a heavy vehicle.
(2) Of the conflicting requirements, the requirement imposing the
lower or lowest mass limit applies to the heavy vehicle and the
other requirement or requirements must be disregarded to the
extent of the conflict.

196 Conflicting dimension requirements

(1) This section applies if 2 or more conflicting dimension
requirements apply to a heavy vehicle.
(2) Of the conflicting requirements, the requirement imposing the
more or most restrictive dimension limit applies to the heavy
vehicle and the other requirement or requirements must be
disregarded to the extent of the conflict.

Current as at 19 February 2024 Page 213

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 197]

197 Exemption from compliance with particular requirements

in emergency
(1) The Regulator may, orally or in writing, exempt a heavy
vehicle, or the driver or operator of a heavy vehicle, from a
prescribed requirement if the Regulator is satisfied—
(a) the vehicle is being used, or is intended to be used, in an
emergency, including, for example, a fire, explosion or
natural disaster—
(i) to protect life or property; or
(ii) to restore communication or the supply of energy
or water or services, including, for example,
sewage disposal; and
(b) granting the exemption will not create an unreasonable
danger to other road users.
(2) An exemption granted under subsection (1) may be subject to
conditions the Regulator considers appropriate.
(3) If an exemption is granted orally under subsection (1), the
Regulator must, as soon as practicable—
(a) make a written record of the exemption and any
conditions to which it is subject; and
(b) give a copy of the written record to an operator of the
heavy vehicle to which it relates.
(4) An exemption under this section has effect only while the
conditions, if any, to which it is subject are complied with.
(5) The Regulator is to notify the relevant road authority of the
grant of an exemption under subsection (1) as soon as
practicable after it is granted.
(6) In this section—
prescribed requirement means—
(a) a mass requirement; or
(b) a dimension requirement; or

Page 214 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 198]

(c) a requirement under Part 4.5, including, for example, a

requirement to comply with a condition of an exemption
under that Part; or
(d) a requirement under Part 4.6, including, for example, a
requirement to comply with a condition of an
authorisation under that Part.
relevant road authority, for an exemption granted under
subsection (1), means the road authority for the participating
jurisdiction in which the road likely to be travelled under the
exemption is situated.

198 Recovery of losses arising from non-provision of

container weight declaration
(1) This section applies if the driver of a heavy vehicle
transporting a freight container by road using the vehicle has
not been provided with a container weight declaration for the
freight container before starting to transport the freight
container.
(2) A person who has incurred a loss as a result of the declaration
not being provided (the plaintiff) has a right to recover the
loss from the responsible entity for the freight container.
(3) For the purposes of subsection (2), the losses that may be
recovered include the following—
(a) loss incurred from delays in the delivery of the freight
container, any of its contents or any other goods;
(b) loss incurred from the damage to or spoliation of
anything contained in the freight container;
(c) loss incurred from providing another heavy vehicle, and
loss incurred from delays arising from providing another
heavy vehicle;
(d) costs or expenses incurred for weighing the freight
container or any of its contents.
(4) The plaintiff may enforce the plaintiff’s right to recovery
under subsection (2) by bringing a proceeding in a court of
Current as at 19 February 2024 Page 215
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 199]

competent jurisdiction for an order for payment of the

monetary value of the loss.

199 Recovery of losses for provision of inaccurate container

weight declaration
(1) This section applies if—
(a) an operator or driver of a heavy vehicle transporting a
freight container by road using the vehicle has been
provided with a container weight declaration for the
freight container; and
(b) the declaration contains information (the false or
misleading information) that is false or misleading
because it—
(i) understates the weight of the container; or
(ii) otherwise indicates the weight of the container is
lower than its actual weight; and
(c) a contravention of a mass requirement applying to the
heavy vehicle occurs as a result of the operator or driver
relying on the false or misleading information; and
(d) at the relevant time, the operator or driver either—
(i) had a reasonable belief the vehicle was not in
contravention of the mass requirement; or
(ii) did not know, and ought not reasonably to have
known, that the minimum weight stated in the
declaration was lower than the actual weight of the
container.
(2) A person who has incurred a loss as a result of the declaration
containing the false or misleading information (the plaintiff)
has a right to recover the loss from the responsible entity for
the freight container.
(3) For the purposes of subsection (2), the losses that may be
recovered include the following—
(a) the amount of a fine or other penalty imposed on the
plaintiff for an offence against this Law;
Page 216 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 4 Vehicle operations—mass, dimension and loading

[s 200]

(b) the amount of a fine or other penalty imposed on an

employee or agent of the plaintiff for an offence against
this Law and reimbursed by the plaintiff;
(c) loss incurred from delays in the delivery of the freight
container, any of its contents, or any other goods;
(d) loss incurred from the damage to or spoliation of
anything contained in the freight container;
(e) loss incurred from providing another heavy vehicle, and
loss incurred from delays arising from providing another
heavy vehicle;
(f) costs or expenses incurred for weighing the freight
container or any of its contents.
(4) The plaintiff may enforce the plaintiff’s right to recovery
under subsection (2) by bringing a proceeding in a court of
competent jurisdiction for an order for payment of the
monetary value of the loss.

200 Recovery by responsible entity of amount paid under

s 199
(1) This section applies if, under section 199, a person brings a
proceeding (a recovery proceeding) in a court for an order
that the responsible entity for a freight container pay the
person an amount for loss incurred by the person as a result of
the container weight declaration for the freight container
containing false or misleading information mentioned in
section 199(1)(b).
(2) The responsible entity has a right to recover from a person
(the information provider) who provided the responsible
entity with all or part of the false or misleading information
the part of the amount (the attributable amount) attributable
to the information provided by the information provider.
(3) The responsible entity may enforce the entity’s right to
recovery under subsection (2) by—
(a) if the recovery proceeding has not been decided—
joining the information provider in the proceeding and
Current as at 19 February 2024 Page 217
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 201]

applying to the court for an order that the information

provider pay the attributable amount to the responsible
entity if an order is made under section 199(4); or
(b) if the recovery proceeding has been decided—bringing a
proceeding in a court of competent jurisdiction for an
order that the information provider pay the attributable
amount to the responsible entity.

201 Assessment of monetary value or attributable amount

(1) The court may assess the monetary value of a loss recoverable
under section 198(2) or 199(2), or the attributable amount
recoverable under section 200(2), in the way it considers
appropriate.
(2) In making the assessment, the court may have regard to the
matters it considers appropriate, including any evidence
adduced in a proceeding for an offence against this Law.

Chapter 6 Vehicle operations—driver

fatigue

Part 6.1 Preliminary

220 Main purpose of Ch 6

(1) The main purpose of this Chapter is to provide for the safe
management of the fatigue of drivers of fatigue-regulated
heavy vehicles while they are driving on a road.
(2) The main purpose is achieved by—
(a) imposing duties on drivers of fatigue-regulated heavy
vehicles and particular persons whose activities
influence the conduct of drivers of fatigue-regulated

Page 218 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 221]

heavy vehicles in a way that affects the drivers’ fatigue

when driving on a road; and
(b) imposing general duties directed at preventing persons
driving fatigue-regulated heavy vehicles on a road while
impaired by fatigue; and
(c) imposing additional duties directed at helping drivers of
fatigue-regulated heavy vehicles to comply with this
Chapter, which are imposed on particular parties in the
chain of responsibility; and
(d) providing for the maximum work requirements and
minimum rest requirements applying to drivers of
fatigue-regulated heavy vehicles; and
(e) providing for recording the work times and rest times of
drivers, amongst other things.

221 Definitions for Ch 6

In this Chapter—
100km work has the meaning given by section 289(1).
100+km work has the meaning given by section 289(2).
AFM fatigue management system has the meaning given by
section 457.
AFM hours has the meaning given by section 257.
approved electronic recording system means an electronic
recording system the subject of a current approval under
section 343 or a corresponding fatigue law.
approved sleeper berth means—
(a) for a fatigue-regulated heavy vehicle other than a
fatigue-regulated bus—a driver’s sleeper berth that
complies with ADR 42 and is able to be used by the
driver when resting; or
(b) for a fatigue-regulated bus—a driver’s sleeper berth
that—

Current as at 19 February 2024 Page 219

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 221]

(i) complies with a standard for sleeper berths that is

approved by the responsible Ministers under
section 654; and
(ii) is able to be used by the driver when resting.
BFM hours has the meaning given by section 253.
cancel, in relation to an unused daily sheet in a written work
diary, means cancel by writing ‘cancelled’ in large letters
across the sheet.
cause of fatigue means any factor that could cause or
contribute to a person being fatigued while driving a
fatigue-regulated heavy vehicle on a road (whether or not the
cause arises while the person is at work).
Examples—
• physical or mental exertion
• long periods of time awake
• not enough sleep or not enough restorative sleep
• not enough rest time
• a person’s circadian rhythm (body clock)
• environmental stress factors, including heat, noise, vibrations
• personal health
corresponding fatigue law—
1 A corresponding fatigue law is a law of a
non-participating jurisdiction that provides for the same,
or substantially the same, matters as this Chapter.
2 A corresponding fatigue law for a provision of this
Chapter is a provision of a corresponding fatigue law
within the meaning of paragraph 1 that corresponds, or
substantially corresponds, to the provision of this
Chapter.
3 For the purposes of paragraph 1, it is irrelevant whether
the law of the non-participating jurisdiction—
(a) is in 1 instrument or 2 or more instruments; or
(b) is part of an instrument; or
Page 220 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 221]

(c) is part of an instrument and the whole or part of 1

or more other instruments.
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, has the meaning given by
section 338(2)(b).
electronic recording system means a system of recording
information electronically.
electronic work diary, in relation to a fatigue-regulated heavy
vehicle, means all or part of an approved electronic recording
system that is fitted to or used in relation to the vehicle to
record information a driver of the vehicle is required by this
Law to record in a work diary for the purposes of this Law.
entry, in a work record, means anything written or otherwise
recorded in the work record.
exemption hours has the meaning given by section 259.
fatigue has the meaning given by section 223.
impaired by fatigue has the meaning given by section 225.
intelligent access program reporting entity, for an approved
intelligent transport system, means a person on whom there is
an obligation, imposed by Chapter 7, to report a malfunction
of or tampering with the system to the Regulator.
loading manager—
Note—
Section 5 contains the definition loading manager. That definition is
affected by the definition regular loading or unloading premises, and is
used in this Chapter.
As a result of the interaction of the 2 definitions, this Chapter applies to
a person as a loading manager only if the premises concerned are
premises at or from which an average of at least 5 fatigue-regulated
heavy vehicles are loaded or unloaded on each day the premises are
operated for loading or unloading heavy vehicles.
major rest break means rest time of at least 5 continuous
hours.
Current as at 19 February 2024 Page 221
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 221]

malfunction, of an electronic work diary or an odometer,

means the work diary or odometer—
(a) ceases to work at all, or works only intermittently; or
(b) does not perform 1 or more functions required under
this Chapter; or
(c) performs the functions mentioned in paragraph (b) only
intermittently; or
(d) performs the functions mentioned in paragraph (b) in a
way that is inaccurate or unreliable, including
intermittently inaccurate or unreliable.
Examples of an electronic work diary malfunctioning—
• corruption of data held in the electronic work diary
• a software program fault
• physical damage that impairs the functioning of the electronic
work diary
Example of an odometer malfunctioning—
• an odometer that no longer keeps an accurate record of distance
travelled
minor risk breach has the meaning given by section 222(1).
night work time means work time between midnight and
6a.m.
Note—
Under sections 248 and 303, the time must be based on the time zone of
the driver’s base for drivers on a journey in a different time zone to the
driver’s base.
non-participating jurisdiction means a State or Territory that
is not a participating jurisdiction.
participating jurisdiction means a State or Territory in
which—
(a) this Chapter applies as a law of the State or Territory; or
(b) a law containing provisions that substantially
correspond to the provisions of this Chapter is in force.
record keeper has the meaning given by section 317.
Page 222 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 221]

record location, of the driver of a fatigue-regulated heavy

vehicle, has the meaning given by section 290.
rest, in relation to a fatigue-regulated heavy vehicle, means
not work in relation to a fatigue-regulated heavy vehicle.
rest time, for the driver of a fatigue-regulated heavy vehicle,
means any time that is not work time for the driver.
severe risk breach has the meaning given by section 222(3).
sign of fatigue means any sign that a person was, is or will be
fatigued while driving a fatigue-regulated heavy vehicle on a
road (whether the sign manifests itself before, during or after
the driver drove the vehicle).
Examples—
• lack of alertness
• inability to concentrate
• reduced ability to recognise or respond to external stimuli
• poor judgment or memory
• making more mistakes than usual
• drowsiness, or falling asleep, at work (including microsleeps)
• finding it difficult to keep eyes open
• needing more frequent naps than usual
• not feeling refreshed after sleep
• excessive head-nodding or yawning
• blurred vision
• mood changes, increased irritability or other changes to the
person’s mental health
• changes to the person’s health or fitness
solo driver means a driver who is not a party to a two-up
driving arrangement.
standard hours has the meaning given by section 249.
stationary rest time means rest time a driver spends—
(a) out of a fatigue-regulated heavy vehicle; or
(b) in an approved sleeper berth of a stationary
fatigue-regulated heavy vehicle.
Current as at 19 February 2024 Page 223
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 221]

substantial risk breach has the meaning given by

section 222(2).
supplementary record means a supplementary record made
under section 305.
tamper, with an approved electronic recording system, has the
meaning given by section 334.
two-up driving arrangement means an arrangement under
which 2 persons share the driving of a fatigue-regulated heavy
vehicle that has an approved sleeper berth.
work, in relation to a fatigue-regulated heavy vehicle,
means—
(a) drive a fatigue-regulated heavy vehicle; or
(b) instruct another person to drive, or supervise another
person driving, a fatigue-regulated heavy vehicle; or
(c) perform another task relating to the use of a
fatigue-regulated heavy vehicle, including, for
example—
(i) load things onto, or unload things from, the heavy
vehicle; and
(ii) inspect, service or repair the heavy vehicle; and
(iii) inspect or attend to a load on the heavy vehicle;
and
(iv) if the heavy vehicle is a bus, attend to passengers
on the bus; and
(v) clean or refuel the heavy vehicle; and
(vi) perform marketing tasks in relation to the use of
the vehicle; and
Examples for the purposes of subparagraph (vi)—
• arranging for the transport of goods or passengers by
the heavy vehicle
• canvassing for orders for the transport of goods or
passengers by the heavy vehicle

Page 224 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 221]

(vii) help another person to perform, or supervise

another person performing, a task mentioned in
any of subparagraphs (i) to (vi); and
(viii) record information or complete a document, as
required under this Law, a corresponding fatigue
law or otherwise, in relation to the use of the
vehicle; or
(d) occupy the driver’s seat of a fatigue-regulated heavy
vehicle while its engine is running.
work and rest change, for the driver of a fatigue-regulated
heavy vehicle, means—
(a) a change from work time to rest time; or
(b) a change from rest time to work time; or
(c) a change from being a solo driver to being a driver who
is a party to a two-up driving arrangement; or
(d) a change from being a driver who is a party to a two-up
driving arrangement to being a solo driver.
work and rest hours option has the meaning given by
section 243.
work diary, for the driver of a fatigue-regulated heavy
vehicle—
(a) generally, means a written work diary or electronic work
diary kept by the driver for the purposes of this Law;
and
(b) for Subdivision 1 of Division 2 of Part 6.4, see
section 292.
work record means—
(a) a written or electronic work diary of the driver of a
fatigue-regulated heavy vehicle; or
(b) a supplementary record; or
(c) a record required to be made or kept under (or by a
condition under) Division 2, 3, 8 or 8A of Part 6.4; or

Current as at 19 February 2024 Page 225

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 222]

(d) a copy of a document, or an entry in a document,

mentioned in paragraph (a), (b) or (c).
work time, for the driver of a fatigue-regulated heavy vehicle,
means any time the driver spends undertaking work in relation
to the vehicle.
written work diary means a written work diary issued to the
driver of a fatigue-regulated heavy vehicle by the Regulator
under section 340 or a corresponding fatigue law.

222 Categories of breaches

(1) A contravention of a maximum work requirement or
minimum rest requirement is a minor risk breach if it is
declared under the national regulations to be a breach in the
minor risk category.
(2) A contravention of a maximum work requirement or
minimum rest requirement is a substantial risk breach if it is
declared under the national regulations to be a breach in the
substantial risk category.
(3) A contravention of a maximum work requirement or
minimum rest requirement is a severe risk breach if it is
declared under the national regulations to be a breach in the
severe risk category.
(4) A contravention of a maximum work requirement or
minimum rest requirement is a critical risk breach if it is
declared under the national regulations to be a breach in the
critical risk category.

Part 6.2 Duties relating to fatigue

Division 1 Preliminary

223 What is fatigue

(1) Fatigue includes (but is not limited to)—
Page 226 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 224]

(a) feeling sleepy; and

(b) feeling physically or mentally tired, weary or drowsy;
and
(c) feeling exhausted or lacking energy; and
(d) behaving in a way consistent with paragraph (a), (b) or
(c).
(2) The national regulations may contain provisions
supplementing, clarifying or providing examples for any of
the provisions of sections 223 to 226.

224 Matters court may consider in deciding whether person

was fatigued
(1) When deciding whether the driver of a fatigue-regulated
heavy vehicle was fatigued, a court may consider the
following—
(a) what is commonly understood as being fatigued;
(b) the causes of fatigue;
(c) the signs of fatigue;
(d) any relevant body of fatigue knowledge;
(e) any other matter prescribed by the national regulations.
(2) Subsection (1) does not limit the matters the court may
consider when deciding whether a driver was impaired by
fatigue.

225 What is impaired by fatigue

A driver is impaired by fatigue if the driver’s ability to drive a
fatigue-regulated heavy vehicle safely is affected by fatigue.

Current as at 19 February 2024 Page 227

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 226]

226 Matters court may consider in deciding whether person

was impaired by fatigue
(1) When deciding whether the driver of a fatigue-regulated
heavy vehicle was impaired by fatigue, a court may consider
any of the following—
(a) any relevant cause of fatigue or sign of fatigue that was
evident, and the degree to which it may indicate that the
driver was impaired by fatigue;
(b) any behaviour exhibited by the driver that may have
resulted from the driver being impaired by fatigue;
Examples for the purposes of paragraph (b)—
• the circumstances of any incident, crash or near miss
• poor driving judgement
• inattentive driving such as drifting into other lanes on a road
or not changing gears smoothly
(c) the nature and extent of any physical or mental exertion
by the driver;
(d) whether the driver was in breach of the driver’s work
and rest hours option.
(2) Subsection (1) does not limit the matters the court may
consider when deciding whether a driver was impaired by
fatigue.
(3) A court may consider the driver to be impaired by fatigue
even if the driver has complied with—
(a) the requirements of this Law, including, for example, the
maximum work requirements and minimum rest
requirements applying to the driver; or
(b) any other law.

Page 228 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 228]

Division 2 Duty to avoid fatigue

228 Duty of driver to avoid driving while fatigued

(1) A person must not drive a fatigue-regulated heavy vehicle on a
road while the person is impaired by fatigue.
Maximum penalty—$6000.
(2) If, in relation to conduct at a particular time in relation to
which a driver has been charged with an offence under
subsection (1), the driver has been convicted of a prescribed
driver offence under another law in relation to—
(a) the same conduct; or
(b) the same kind of conduct occurring during the same
journey;
the court must discharge the proceedings against the driver.
(3) If, in relation to conduct at a particular time in relation to
which a driver has been charged with an offence under
subsection (1), the driver has been convicted of the offence
and is also charged with a prescribed driver offence under
another law (the other offence) in relation to—
(a) the same conduct; or
(b) the same kind of conduct occurring during the same
journey;
the court dealing with the other offence must discharge the
proceedings against the driver for the other offence.
(4) In this section—
prescribed driver offence under another law means an
offence under another law of any jurisdiction prescribed for
this definition by the national regulations or a law of that
jurisdiction.

Current as at 19 February 2024 Page 229

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 243]

Part 6.3 Requirements relating to work

time and rest time

Division 1 Preliminary

243 What is a driver’s work and rest hours option

(1) The work and rest hours option of the driver of a
fatigue-regulated heavy vehicle is the maximum work
requirements and minimum rest requirements applying to the
driver under this Law.
(2) The work and rest hours option is—
(a) the standard work and rest arrangements, which—
(i) apply to drivers of fatigue-regulated heavy vehicles
operating other than under a BFM accreditation,
AFM accreditation or work and rest hours
exemption; and
(ii) are known as ‘standard hours’; or
(b) the BFM work and rest arrangements, which—
(i) apply to drivers of fatigue-regulated heavy vehicles
operating under a BFM accreditation; and
(ii) are known as ‘BFM hours’; or
(c) the AFM work and rest arrangements, which—
(i) apply to drivers of fatigue-regulated heavy vehicles
operating under an AFM accreditation; and
(ii) are known as ‘AFM hours’; or
(d) the maximum work times and minimum rest times
stated in a work and rest hours exemption, which—
(i) apply to drivers of fatigue-regulated heavy vehicles
operating under the exemption; and
(ii) are known as ‘exemption hours’.

Page 230 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 244]

244 Counting time spent in participating jurisdictions

When counting work time or rest time spent by the driver of a
fatigue-regulated heavy vehicle for this Part, the work time or
rest time spent by the driver in any participating jurisdiction
must be counted.

245 Counting time spent outside participating jurisdictions

(1) This section applies to the driver of a fatigue-regulated heavy
vehicle if the driver drives a fatigue-regulated heavy vehicle
into a participating jurisdiction from a non-participating
jurisdiction.
(2) If, within the last 7 days, the driver has spent any work time in
a participating jurisdiction, any time spent by the driver in the
non-participating jurisdiction must be treated in the same way
as it would have been treated if the time had been spent in a
participating jurisdiction.
(3) If, within the last 7 days, the driver spent work time only in
non-participating jurisdictions—
(a) any time spent by the driver in the non-participating
jurisdiction before the start of the driver’s last major rest
break before entering a participating jurisdiction must
be disregarded; and
(b) any time spent by the driver in the non-participating
jurisdiction after the start of the last major rest break
mentioned in paragraph (a) must be—
(i) taken into account; and
(ii) treated in the same way as it would have been
treated if the time had been spent in a participating
jurisdiction.

246 Counting periods of less than 15 minutes—written work

diaries
(1) This section applies if a driver uses a written work diary.
(2) Work time must be counted in 15 minute periods.
Current as at 19 February 2024 Page 231
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 246A]

(3) A period of work time of less than 15 minutes counts as 15

minutes work time.
Examples for the purposes of subsection (3)—
1 A period of working for 14 minutes counts as 15 minutes work
time.
2 A period of working for 17 minutes counts as 30 minutes work
time.
3 A period of working for 53 minutes counts as 1 hour work time.
(4) Rest time must be counted in blocks of time of no less than 15
minutes.
(5) A period of rest time of less than 15 minutes must be
disregarded.
Examples for the purposes of subsection (5)—
1 A period of not working for only 14 minutes does not count as rest
time, because 14 minutes is less than 15 minutes.
2 A period of not working for 17 minutes counts as 15 minutes rest
time, because 17 minutes is more than 15 minutes, but is less than
2 lots of 15 minutes (30 minutes).

246A Counting periods of less than 15 minutes—electronic

work diaries
(1) This section applies if a driver uses an electronic work diary.
(2) Work time and rest time must be counted in 1 minute periods.
(3) A period of work time or rest time of less than 1 minute must
not be counted.
(4) A period of rest time of less than 15 minutes does not count
towards a minimum rest time.
Examples for the purposes of subsection (4)—
1 A period of not working for 10 minutes does not count towards a
minimum rest time because 10 minutes is less than 15 minutes.
2 A period of not working on 3 separate occasions for 14 minutes, 24
minutes and 22 minutes does not count as 60 minutes rest time
because the period of 14 minutes, being less than 15 minutes, is
disregarded.

Page 232 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 247]

Note—
This section relates to calculating whether a driver has complied with
maximum work requirements and minimum rest requirements applying
to the driver. It does not matter if the technology used by an electronic
work diary counts a period less than 1 minute mentioned in
subsections (2) and (3) in the course of arriving at calculations that
comply with the subsections.

247 Time to be counted after rest time ends

When counting time in a period, the time must not be counted
from within rest time, but instead must be counted forward
from—
(a) if 1 or more major rest breaks are relevant to the
period—the end of a relevant major rest break; or
(b) in any other case—the end of a relevant period of rest
time.
Example—
An authorised officer intercepts the driver of a fatigue-regulated heavy
vehicle on a Friday and inspects the driver’s work diary. The driver
operates under standard hours. The officer examines the work diary
entries for the previous Monday. The entries show that the driver
completed 7 continuous hours of stationary rest time at 6.30a.m. on that
day, started work at that time, worked until 11a.m. that day, had 45
minutes of rest time, worked until 5.00p.m. that day, then had stationary
rest time until 4.30a.m. on the following day, Tuesday, and then worked
until 6.30a.m. on that day.
In order to determine the total number of hours worked by the driver in
a 24 hour period starting on the Monday, then in accordance with
section 247(a) the officer must commence counting from the end of the
relevant major rest break, which in this case is from 6.30a.m. on the
Monday until 6.30a.m. on the Tuesday. Adding up the driver’s work
periods - 6.30a.m. to 11a.m., 11.45a.m. to 5.00p.m. and 4.30a.m. to
6.30a.m. - results in a total of 113/4 hours worked in the 24 hour period.
The officer might also decide to assess whether the driver has complied
with his or her maximum work and minimum rest requirements for the
same 24 hour period.
For instance, in any period of 51/2 hours, a driver must not work for
more than 51/4 hours and must have at least 15 minutes continuous rest
when operating under standard hours. To assess whether the driver has
complied with this requirement, then in accordance with section 247(b)

Current as at 19 February 2024 Page 233

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 248]

the officer must commence counting only from the end of a period of
rest - from either 6.30a.m. or 11.45a.m. on the Monday, or from
4.30a.m. on the Tuesday. If the officer commenced counting at the end
of the rest time that finished at 11.45a.m., the officer would see that the
driver had worked for 51/4 continuous hours before commencing rest.
For the purposes of determining whether on Monday the driver had a
minimum of 7 continuous hours stationary rest in a 24 hour period as
required under standard hours, the officer must assess the length of the
periods of stationary rest time the driver had between the end of the
major rest break that finished at 6.30a.m. on the Monday and 6.30a.m.
on the Tuesday. The officer sees that between 5.00p.m. on the Monday
and 4.30a.m. on the Tuesday the driver had a total of 111/2 continuous
hours of stationary rest time.

248 Time to be counted by reference to time zone of driver’s

base
If the driver of a fatigue-regulated heavy vehicle undertakes a
journey and is in a different time zone from the time zone of
the driver’s base at the time when a period of time is relevant
for the purposes of this Law, the period must be counted by
reference to the time zone of the driver’s base.
Example—
If, for the driver of a fatigue-regulated heavy vehicle with a base in
Queensland, it is necessary to work out the hours of night work time
while the driver is in Western Australia on a journey, the hours of night
work time are the hours between midnight and 6a.m. in the Queensland
time zone (being the time zone in which the driver’s base is situated),
even though the hours equate to 10p.m. and 4a.m. in Western Australia.

Division 2 Standard work and rest

arrangements

249 Standard hours

(1) The national regulations may prescribe the maximum work
times and minimum rest times (the standard hours) applying
to the driver of a fatigue-regulated heavy vehicle for a period
if the driver is not operating under a BFM accreditation, AFM
accreditation or work and rest hours exemption.
Page 234 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 250]

(2) Without limiting subsection (1), the national regulations may

prescribe—
(a) different standard hours for solo drivers, solo drivers of
fatigue-regulated buses and drivers who are a party to a
two-up driving arrangement; and
(b) that a solo driver of a fatigue-regulated bus may operate
under either, but not both, the standard hours for solo
drivers or the standard hours for solo drivers of
fatigue-regulated buses; and
(c) that a minor risk breach of a maximum work
requirement prescribed in the regulations is not to be
treated as a minor risk breach.
(3) A minor risk breach prescribed for the purposes of
subsection (2)(c) is not a contravention of section 250 or 251.

250 Operating under standard hours—solo drivers

(1) The solo driver of a fatigue-regulated heavy vehicle commits
an offence if, in any period stated in the standard hours for the
driver, the driver—
(a) works for more than the maximum work time stated in
the standard hours for the period; or
(b) rests for less than the minimum rest time stated in the
standard hours for the period.
Maximum penalty—
(a) for a minor risk breach—$4000; or
(b) for a substantial risk breach—$6000; or
(c) for a severe risk breach—$10000; or
(d) for a critical risk breach—$15000.

Current as at 19 February 2024 Page 235

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 251]

251 Operating under standard hours—two-up drivers

(1) The driver of a fatigue-regulated heavy vehicle who is a party
to a two-up driving arrangement commits an offence if, in any
period stated in the standard hours for the driver, the driver—
(a) works for more than the maximum work time stated in
the standard hours for the period; or
(b) rests for less than the minimum rest time stated in the
standard hours for the period.
Maximum penalty—
(a) for a minor risk breach—$4000; or
(b) for a substantial risk breach—$6000; or
(c) for a severe risk breach—$10000; or
(d) for a critical risk breach—$15000.

252 Defence relating to short rest breaks for drivers operating

under standard hours
(1) This section applies if, at a particular time, the driver of a
fatigue-regulated heavy vehicle is required, under section 250
or 251, to have a short rest break.
Examples of when this section applies—
The driver is required to have 15 continuous minutes rest time
because—
(a) the driver has worked for 51/4 hours; or
(b) the driver has worked for 71/2 hours and has only had 15
continuous minutes rest time during that period; or
(c) the driver has worked for 10 hours and has only had 3 lots of
15 continuous minutes rest time during that period.
(2) In a proceeding for an offence against section 250 or 251
relating to the driver failing to have the short rest break, it is a
defence for the driver to prove that—
(a) at the time the driver was required to have the short rest
break, there was no suitable rest place for
fatigue-regulated heavy vehicles; and
Page 236 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 253]

(b) the driver had the short rest break—

(i) at the next suitable rest place for fatigue-regulated
heavy vehicles available after that time on the
forward route of the driver’s journey; and
(ii) no later than 45 minutes after the time the driver
was required to have the short rest break.
Example of when the defence applies—
The driver of a fatigue-regulated heavy vehicle fails to have a short rest
break after 51/4 hours of work time because there was no suitable rest
place for fatigue-regulated heavy vehicles when the driver was
scheduled to have the short rest break. Instead, the driver has a short
rest break after 51/2 hours work at a suitable rest place for
fatigue-regulated heavy vehicles down the road.
(3) In this section—
short rest break means rest time of less than 1 hour.

Division 3 BFM work and rest arrangements

253 BFM hours

(1) The national regulations may prescribe the maximum work
times and minimum rest times applying to the driver of a
fatigue-regulated heavy vehicle for a period if the driver is
operating under a BFM accreditation (the BFM hours).
(2) Without limiting subsection (1), the national regulations may
prescribe—
(a) different BFM hours for solo drivers and drivers who are
a party to a two-up driving arrangement; and
(b) that a minor risk breach of a maximum work
requirement prescribed in the regulations is not to be
treated as a minor risk breach.
(3) A minor risk breach prescribed for the purposes of
subsection (2)(b) is not a contravention of section 254 or 256.

Current as at 19 February 2024 Page 237

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 254]

254 Operating under BFM hours—solo drivers

(1) The solo driver of a fatigue-regulated heavy vehicle commits
an offence if, in any period stated in the BFM hours for the
driver, the driver—
(a) works for more than the maximum work time stated in
the BFM hours for the period; or
(b) rests for less than the minimum rest time stated in the
BFM hours for the period.
Maximum penalty—
(a) for a minor risk breach—$4000; or
(b) for a substantial risk breach—$6000; or
(c) for a severe risk breach—$10000; or
(d) for a critical risk breach—$15000.

255 Defence for solo drivers operating under BFM hours

relating to split rest breaks
(1) This section applies if, at a particular time, the driver of a
fatigue-regulated heavy vehicle is required under section 254
to have 7 continuous hours of stationary rest time in a period
of 24 hours.
(2) In a proceeding for an offence against section 254 for a solo
driver of a fatigue-regulated heavy vehicle relating to the
driver failing to have the 7 continuous hours of stationary rest
time, it is a defence for the driver to prove that—
(a) at the time the driver was required to have the 7
continuous hours of stationary rest time, the driver was
operating under BFM hours as a solo driver of a
fatigue-regulated heavy vehicle; and
(b) during the period of 24 hours for which the 7 continuous
hours of stationary rest time was required to be had, the
driver had 6 continuous hours of stationary rest time and
2 continuous hours of stationary rest time (a split rest
break); and
Page 238 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 256]

(c) the driver had not had a split rest break in the previous
24-hour period.
Example of when the defence applies—
The driver of a fatigue-regulated heavy vehicle stops work to have 7
continuous hours of stationary rest time, but can not sleep, so the driver
has only 2 continuous hours of stationary rest time and then drives on
for a further 2 hours and has a further 6 continuous hours of stationary
rest time at another place down the road. In the previous 24-hour period
the driver had 7 continuous hours of stationary rest time.

256 Operating under BFM hours—two-up drivers

(1) The driver of a fatigue-regulated heavy vehicle who is a party
to a two-up driving arrangement commits an offence if, in any
period stated in the BFM hours for the driver, the driver—
(a) works for more than the maximum work time stated in
the BFM hours for the period; or
(b) rests for less than the minimum rest time stated in the
BFM hours for the period.
Maximum penalty—
(a) for a minor risk breach—$4000; or
(b) for a substantial risk breach—$6000; or
(c) for a severe risk breach—$10000; or
(d) for a critical risk breach—$15000.

Division 4 AFM work and rest arrangements

257 AFM hours

AFM hours are the maximum work times and minimum rest
times applying, for a period, to the driver of a
fatigue-regulated heavy vehicle operating under an AFM
accreditation, and stated in the accreditation certificate for the
accreditation.

Current as at 19 February 2024 Page 239

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 258]

258 Operating under AFM hours

(1) The driver of a fatigue-regulated heavy vehicle commits an
offence if, in any period stated in the AFM hours for the
driver, the driver—
(a) works for more than the maximum work time stated in
the AFM hours; or
(b) rests for less than the minimum rest time stated in the
AFM hours.
Maximum penalty—
(a) for a minor risk breach—$4000; or
(b) for a substantial risk breach—$6000; or
(c) for a severe risk breach—$10000; or
(d) for a critical risk breach—$15000.

Division 5 Arrangements under work and rest

hours exemption

259 Exemption hours

(1) Exemption hours are the maximum work times and minimum
rest times applying, for a period, to the driver of a
fatigue-regulated heavy vehicle operating under a work and
rest hours exemption, and stated in the relevant document for
the exemption.
(2) In this section—
relevant document means—
(a) for a work and rest hours exemption (notice)—the
Commonwealth Gazette notice for the exemption; or
(b) for a work and rest hours exemption (permit)—the
permit for the exemption.

Page 240 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 260]

260 Operating under exemption hours

(1) The driver of a fatigue-regulated heavy vehicle operating
under a work and rest hours exemption commits an offence if,
in any period stated in the exemption hours for the exemption,
the driver—
(a) works for more than the maximum work time stated in
the exemption hours; or
(b) rests for less than the minimum rest time stated in the
exemption hours.
Maximum penalty—
(a) for a minor risk breach—$4000; or
(b) for a substantial risk breach—$6000; or
(c) for a severe risk breach—$10000; or
(d) for a critical risk breach—$15000.

Division 7 Changing work and rest hours

option

262 Changing work and rest hours option

(1) The driver of a fatigue-regulated heavy vehicle may operate
under only 1 work and rest hours option at any 1 time.
(2) However, the driver of a fatigue-regulated heavy vehicle may
change from 1 work and rest hours option to a different work
and rest hours option.

263 Operating under new work and rest hours option after
change
(1) The driver of a fatigue-regulated heavy vehicle must not drive
the vehicle after changing from 1 work and rest hours option
to a different work and rest hours option unless—
(a) if the change is from standard hours or BFM hours,
either the driver—
Current as at 19 February 2024 Page 241
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 263]

(i) is in compliance with all the maximum work

requirements and minimum rest requirements
under the work and rest hours option to which the
driver has changed; or
(ii) has had a reset rest break; and
Examples for the purposes of paragraph (a)—
1 If the driver of a fatigue-regulated heavy vehicle is changing
from BFM hours to standard hours and the minimum rest
requirements applying to drivers operating under standard
hours requires the driver to have a longer rest time than is
required under BFM hours, the driver may start driving
under standard hours only if the driver has had the longer
rest time or a reset rest break.
2 If the driver of a fatigue-regulated heavy vehicle is changing
from BFM hours to standard hours and the minimum rest
requirements applying to drivers operating under standard
hours requires the driver to have rest time earlier than is
required under BFM hours, the driver may start driving
under standard hours only if the driver has had the earlier
rest time or a reset rest break.
(b) if the change is from AFM hours or exemption hours,
the driver has had a reset rest break; and
(c) the driver complies with all other requirements of the
work and rest hours option to which the driver has
changed.
Example of other requirements for the purposes of paragraph (c)—
If the driver is changing to BFM hours or AFM hours, the driver
must be inducted into the relevant operator’s BFM or AFM
fatigue management system.
Maximum penalty—$4000.
(2) If the driver of a fatigue-regulated heavy vehicle has had a
reset rest break between changing from 1 work and rest hours
option to a different work and rest hours option, the period to
which the new work and rest hours option applies must be
counted forward from the end of the reset rest break.
(5) In this section—
reset rest break means a period of rest time of at least 48
continuous hours.
Page 242 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 264]

264 Duty of employer, prime contractor, operator and

scheduler to ensure driver compliance
(1) This section applies if the driver of a fatigue-regulated heavy
vehicle changes from 1 work and rest hours option to a
different work and rest hours option.
(2) A relevant party for the driver must ensure, so far as is
reasonably practicable, the driver—
(a) does not drive a fatigue-regulated heavy vehicle after
making the change unless the driver has complied with
section 263; and
(b) can comply with his or her obligations in relation to the
change.
Maximum penalty—$6000.
(5) In this section—
relevant party, for the driver of a fatigue-regulated heavy
vehicle, means—
(a) an employer of the driver if the driver is an employed
driver; or
(b) a prime contractor of the driver if the driver is a
self-employed driver; or
(c) an operator of the vehicle if the driver is making a
journey for the operator; or
(d) a scheduler for the vehicle.

Current as at 19 February 2024 Page 243

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 265]

Division 8 Exemptions relating to work times

and rest times

Subdivision 1 Exemption for emergency services

265 Emergency services exemption

(1) A person who is acting for an emergency service and who has
time-critical duties on the way to, or during, an emergency is
exempted in the course of carrying out the duties from
compliance with this Part.
(2) A person who is acting for an emergency service and who is
returning from attending an emergency is exempted from
compliance with this Part if the person reasonably believes the
noncompliance does not present an unreasonable danger to
other road users.
(3) A person who is acting for an emergency service is exempted
from compliance with this Part under subsection (1) or (2)
only if, at the relevant time, the person complies with any
guidelines regarding the management of fatigue issued by or
on behalf of the emergency service or an authority responsible
for oversight of the emergency service.
(4) In this section—
emergency means an event, or an anticipated event, that—
(a) endangers, or may endanger, life, property or the
environment; or
(b) has disrupted, or may disrupt, communications, energy
supply, water supply or sewerage services; or
(c) is declared to be an emergency or disaster by—
(i) the Commonwealth or a State or Territory; or
(ii) a Commonwealth or State or Territory authority
responsible for managing responses to
emergencies or disasters.

Page 244 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 266]

Examples of an emergency—
fire, explosion or natural disaster
emergency service means an entity that has a statutory
responsibility to respond to an emergency and includes the
following—
(a) an ambulance service;
(b) a fire brigade, including a volunteer fire brigade;
(c) a police force or police service;
(d) a disaster or emergency organisation of the
Commonwealth or a State or Territory.

Subdivision 2 Exemptions by Commonwealth

Gazette notice

266 Regulator’s power to exempt class of drivers from

particular maximum work requirements and minimum
rest requirements
(1) The Regulator may, by Commonwealth Gazette notice
complying with section 270, grant an exemption to allow, for
a period of not more than 3 years, a class of drivers of
fatigue-regulated heavy vehicles to operate under the
maximum work times and minimum rest times stated in the
exemption.
(2) An exemption under subsection (1) is a work and rest hours
exemption (notice).

267 Restriction on grant of work and rest hours exemption

(notice)
(1) The Regulator may grant a work and rest hours exemption
(notice) only if the Regulator is satisfied—
(a) requiring the class of drivers to whom the exemption is
to apply to comply with the standard hours would be an
unreasonable restriction on operations conducted by—
Current as at 19 February 2024 Page 245
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 267]

(i) the class of drivers; or

(ii) relevant parties for the class of drivers; and
(b) if the maximum work times and minimum rest times to
apply under the exemption could be accommodated
within BFM hours or AFM hours—the requirements
applying to BFM accreditation or AFM accreditation
under this Law would, having regard to the nature of the
operations, be unreasonable for the operations
conducted by—
(i) the class of drivers; or
(ii) relevant parties for the class of drivers; and
(c) the driver fatigue management practices that are to
apply to drivers operating under the exemption would, if
followed, safely manage fatigue risks; and
(d) the class of drivers to whom the exemption is to apply is
likely to follow the practices consistently and
effectively.
(2) In deciding whether or not to grant a work and rest hours
exemption (notice), the Regulator must have regard to the
approved guidelines for granting work and rest hours
exemptions.
(3) In this section—
relevant parties, for a class of drivers of fatigue-regulated
heavy vehicles, means—
(a) employers of the class of drivers if they are employed
drivers; or
(b) prime contractors for the class of drivers if they are
self-employed drivers; or
(c) operators of fatigue-regulated heavy vehicles if the
drivers of the class are to make journeys for the
operators using the vehicles.

Page 246 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 268]

268 Conditions of work and rest hours exemption (notice)

A work and rest hours exemption (notice) may be subject to
any conditions the Regulator considers appropriate, including,
for example—
(a) conditions about driver fatigue management practices
that are to apply to drivers operating under the
exemption; and
(b) conditions about keeping records relating to the driver
fatigue management practices; and
(c) a condition that the driver of a fatigue-regulated heavy
vehicle who is operating under the exemption must keep
in the driver’s possession a copy of—
(i) the Commonwealth Gazette notice for the
exemption; or
(ii) an information sheet about the exemption
published by the Regulator on the Regulator’s
website.

269 Period for which work and rest hours exemption (notice)
applies
A work and rest hours exemption (notice)—
(a) takes effect—
(i) when the Commonwealth Gazette notice for the
exemption is published; or
(ii) if a later time is stated in the Commonwealth
Gazette notice, at the later time; and
(b) applies for the period stated in the Commonwealth
Gazette notice.

270 Requirements about Commonwealth Gazette notice

(1) A Commonwealth Gazette notice for a work and rest hours
exemption (notice) must state the following—

Current as at 19 February 2024 Page 247

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 271]

(a) the class of drivers of fatigue-regulated heavy vehicles

to which the exemption applies;
(b) the maximum work times and minimum rest times that
are to apply to drivers operating under the exemption;
(c) the other conditions of the exemption;
(d) the period for which the exemption applies.
(2) The Regulator must publish a copy of the Commonwealth
Gazette notice on the Regulator’s website.

271 Amendment or cancellation of work and rest hours

exemption (notice)
(1) Each of the following is a ground for amending or cancelling
a work and rest hours exemption (notice)—
(a) since the exemption was granted, there has been a
change in the circumstances that were relevant to the
Regulator’s decision to grant the exemption and, had the
changed circumstances existed when the exemption was
granted, the Regulator would not have granted the
exemption, or would have granted the exemption subject
to conditions or different conditions;
(b) the use of fatigue-regulated heavy vehicles under the
exemption has caused, or is likely to cause, a significant
risk to public safety.
(2) If the Regulator considers a ground exists to amend or cancel
a work and rest hours exemption (notice), the Regulator may
amend or cancel the exemption by complying with
subsections (3) to (5).
(3) The Regulator must publish a public notice—
(a) stating that the Regulator believes a ground mentioned
in subsection (1)(a) or (b) for amending or cancelling
the exemption exists; and
(b) outlining the facts and circumstances forming the basis
for the belief; and

Page 248 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 272]

(c) stating the action the Regulator is proposing to take

under this section (the proposed action); and
(d) inviting persons who will be affected by the proposed
action to make, within a stated time of at least 14 days
after the Commonwealth Gazette notice is published,
written representations about why the proposed action
should not be taken.
(4) If, after considering all written representations made under
subsection (3)(d), the Regulator still considers a ground exists
to take the proposed action, the Regulator may—
(a) if the proposed action was to amend the
exemption—amend the exemption, including, for
example, by imposing additional conditions on the
exemption, in a way that is not substantially different
from the proposed action; or
(b) if the proposed action was to cancel the exemption—
(i) amend the exemption, including, for example, by
imposing additional conditions on the exemption;
or
(ii) cancel the exemption.
(5) The Regulator must publish a public notice of the amendment
or cancellation.
(6) The amendment or cancellation takes effect—
(a) 28 days after the Commonwealth Gazette notice is
published under subsection (5); or
(b) if a later time is stated in the Commonwealth Gazette
notice, at the later time.

272 Immediate suspension

(1) This section applies if the Regulator considers—
(a) a ground exists to cancel a work and rest hours
exemption (notice); and

Current as at 19 February 2024 Page 249

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 273]

(b) it is necessary to suspend the exemption immediately to

prevent or minimise serious harm to public safety.
(2) The Regulator may, by public notice, immediately suspend
the exemption until the earliest of the following—
(a) the end of 56 days after the day the public notice is
published;
(b) the Regulator publishes a notice under section 271(5)
and the amendment or cancellation takes effect under
section 271(6);
(c) the Regulator cancels the suspension by public notice.
(4) The suspension, or (where relevant) the cancellation of the
suspension, takes effect immediately after the Commonwealth
Gazette notice is published under subsection (3).
(5) This section applies despite section 271.

Subdivision 3 Exemptions by permit

273 Regulator’s power to exempt drivers from particular

maximum work requirements and minimum rest
requirements
(1) The Regulator may, by giving a person a permit as mentioned
in section 278, grant an exemption to allow, for a period of not
more than 3 years, a driver of a fatigue-regulated heavy
vehicle, or a class of drivers of fatigue-regulated heavy
vehicles, to operate under the maximum work times and
minimum rest times stated in the exemption.
(2) An exemption under subsection (1) is a work and rest hours
exemption (permit).
(3) The Regulator may grant a work and rest hours exemption
(permit) to the operator of a fatigue-regulated heavy vehicle in
combination with the operator’s BFM accreditation or AFM
accreditation.
(4) The Regulator may grant a work and rest hours exemption
(permit)—
Page 250 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 274]

(a) in a way that does not cover all the drivers sought by the
applicant; or
(b) setting maximum work times and minimum rest times
different to the maximum work times and minimum rest
times sought by the applicant.

274 Application for work and rest hours exemption (permit)

(1) Any of the following persons may apply to the Regulator for a
work and rest hours exemption (permit)—
(a) an employer of a driver of a fatigue-regulated heavy
vehicle;
(b) a prime contractor for a driver of a fatigue-regulated
heavy vehicle;
(c) an operator of a fatigue-regulated heavy vehicle;
(d) a self-employed driver of a fatigue-regulated heavy
vehicle.
(2) The application must—
(a) be in the approved form; and
(b) state the following—
(i) the period for which the exemption is sought;
(ii) any conditions to which the exemption is sought to
be subject;
(iii) the name of the driver of a fatigue-regulated heavy
vehicle to whom the exemption is sought to apply,
or details of the class of drivers of
fatigue-regulated heavy vehicles to whom the
exemption is sought to apply;
(iv) the proposed maximum work times and minimum
rest times that would be followed by drivers
operating under the exemption;
(v) if the proposed maximum work times and
minimum rest times to apply under the exemption
Current as at 19 February 2024 Page 251
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 275]

could be accommodated within BFM hours or

AFM hours—
(A) the driver fatigue management practices that
would be followed by the applicant and
drivers operating under the exemption; and
(B) how the practices would safely manage
fatigue risks; and
(C) how the requirements applying to BFM
accreditation or AFM accreditation under
this Law would be unreasonable for the
operations conducted by the applicant,
having regard to the nature of the operations;
and
(c) be accompanied by the prescribed fee for the
application.
(3) The Regulator may, by notice given to the applicant, require
the applicant to give the Regulator any additional information
the Regulator reasonably requires to decide the application.

275 Restriction on grant of work and rest hours exemption

(permit)
(1) The Regulator may grant a work and rest hours exemption
(permit) only if the Regulator is satisfied—
(a) requiring the drivers to whom the exemption is to apply
to comply with the standard hours would be an
unreasonable restriction on operations conducted by the
applicant; and
(b) if the maximum work times and minimum rest times to
apply under the exemption could be accommodated
within BFM hours or AFM hours—the requirements
applying to BFM accreditation or AFM accreditation
under this Law would be unreasonable for the
operations conducted by the applicant, having regard to
the nature of the operations; and

Page 252 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 276]

(c) the driver fatigue management practices that are to

apply to drivers operating under the exemption would, if
followed, safely manage fatigue risks; and
(d) the drivers to whom the exemption is to apply are likely
to follow the practices consistently and effectively.
(2) In deciding whether or not to grant a work and rest hours
exemption (permit), the Regulator must have regard to the
approved guidelines for granting work and rest hours
exemptions.

276 Conditions of work and rest hours exemption (permit)

(1) If the Regulator grants a work and rest hours exemption
(permit) to the operator of a fatigue-regulated heavy vehicle in
combination with the operator’s BFM accreditation or AFM
accreditation, it is a condition of the exemption that the
operator must comply with all the conditions of the operator’s
BFM accreditation or AFM accreditation.
(2) A work and rest hours exemption (permit) may be subject to
any other conditions the Regulator considers appropriate,
including, for example, conditions about—
(a) driver fatigue management practices that are to apply to
drivers operating under the exemption; and
(b) keeping records relating to the driver fatigue
management practices.

277 Period for which work and rest hours exemption (permit)
applies
(1) A work and rest hours exemption (permit) applies for the
period stated in the permit for the exemption.
(2) The period may be less than the period sought by the applicant
for the work and rest hours exemption (permit).

Current as at 19 February 2024 Page 253

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 278]

278 Permit for work and rest hours exemption (permit) etc.
(1) If the Regulator grants a work and rest hours exemption
(permit) to a person, the Regulator must give the person—
(a) a permit for the exemption; and
(b) if prescribed circumstances apply to the grant of the
exemption—an information notice for the prescribed
circumstances.
(2) A permit for a work and rest hours exemption (permit) must
state the following—
(a) the name of the person to whom the permit is given;
(b) the driver of a fatigue-regulated heavy vehicle, or class
of drivers of fatigue-regulated heavy vehicles, to which
the exemption applies;
(c) the maximum work times and minimum rest times that
apply to drivers operating under the exemption;
(d) the conditions of the exemption, including, if applicable,
the condition mentioned in section 276(1);
(e) the period for which the exemption applies.
(3) In this section—
prescribed circumstances, for a work and rest hours
exemption (permit), means the Regulator has—
(a) imposed conditions on the exemption under
section 276(2); or
(b) granted the exemption in a way that does not cover all
the drivers sought by the applicant for the exemption; or
(c) granted the exemption setting maximum work times and
minimum rest times different to the maximum work
times and minimum rest times sought by the applicant
for the exemption; or
(d) granted the exemption for a period less than the period
of not more than 3 years sought by the applicant for the
exemption.

Page 254 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 279]

279 Refusal of application for work and rest hours exemption

(permit)
If the Regulator refuses an application for a work and rest
hours exemption (permit), the Regulator must give the
applicant an information notice for the decision to refuse the
application.

280 Amendment or cancellation of work and rest hours

exemption (permit) on application by permit holder
(1) The holder of a permit for a work and rest hours exemption
(permit) may apply to the Regulator for an amendment or
cancellation of the exemption.
(2) The application must—
(a) be in the approved form; and
(b) be accompanied by the prescribed fee for the
application; and
(c) if the application is for an amendment—state clearly the
amendment sought and the reasons for the amendment;
and
(d) be accompanied by the permit.
(3) The Regulator may, by notice given to the applicant, require
the applicant to give the Regulator any additional information
the Regulator reasonably requires to decide the application.
(4) The Regulator must decide the application as soon as
practicable after receiving it.
(5) If the Regulator decides to grant the application—
(a) the Regulator must give the applicant notice of the
decision; and
(b) the amendment or cancellation takes effect—
(i) when notice of the decision is given to the
applicant; or
(ii) if a later time is stated in the notice, at the later
time; and
Current as at 19 February 2024 Page 255
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 281]

(c) if the Regulator amended the exemption, the Regulator

must give the applicant a replacement permit for the
exemption as amended.
(6) If the Regulator decides not to amend or cancel the exemption
as sought by the applicant, the Regulator must—
(a) give the applicant an information notice for the decision;
and
(b) return the permit for the exemption to the applicant.

281 Amendment or cancellation of work and rest hours

exemption (permit) on Regulator’s initiative
(1) Each of the following is a ground for amending or cancelling
a work and rest hours exemption (permit)—
(a) the exemption was granted because of a document or
representation that was—
(i) false or misleading; or
(ii) obtained or made in an improper way;
(b) the holder of the permit for the exemption has
contravened this Law or a corresponding fatigue law;
(c) a driver of a fatigue-regulated heavy vehicle to whom
the exemption applies has contravened this Law or a
corresponding fatigue law;
(d) since the exemption was granted, there has been a
change in the circumstances that were relevant to the
Regulator’s decision to grant the exemption and, had the
changed circumstances existed when the exemption was
granted, the Regulator would not have granted the
exemption, or would have granted the exemption subject
to conditions or different conditions.
(2) If the Regulator considers a ground exists to amend or cancel
a work and rest hours exemption (permit) (the proposed
action), the Regulator must give the holder of the permit for
the exemption a notice—
(a) stating the proposed action; and
Page 256 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 282]

(b) stating the ground for the proposed action; and

(c) outlining the facts and circumstances forming the basis
for the ground; and
(d) if the proposed action is to amend the exemption
(including a condition of the exemption)—stating the
proposed amendment; and
(e) inviting the holder to make, within a stated time of at
least 14 days after the notice is given to the holder,
written representations about why the proposed action
should not be taken.
(3) If, after considering all written representations made under
subsection (2)(e), the Regulator still considers a ground exists
to take the proposed action, the Regulator may—
(a) if the proposed action was to amend the
exemption—amend the exemption, including, for
example, by imposing additional conditions on the
exemption, in a way that is not substantially different
from the proposed action; or
(b) if the proposed action was to cancel the exemption—
(i) amend the exemption, including, for example, by
imposing additional conditions on the exemption;
or
(ii) cancel the exemption.
(4) The Regulator must give the holder an information notice for
the decision.
(5) The amendment or cancellation takes effect—
(a) when the information notice is given to the holder; or
(b) if a later time is stated in the information notice, at the
later time.

282 Immediate suspension of work and rest hours exemption

(permit)
(1) This section applies if the Regulator considers—
Current as at 19 February 2024 Page 257
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 283]

(a) a ground exists to cancel a work and rest hours

exemption (permit); and
(b) it is necessary to suspend the exemption immediately to
prevent or minimise serious harm to public safety.
(2) The Regulator may, by notice (immediate suspension notice)
given to the person to whom the permit for the exemption was
given, immediately suspend the exemption until the earliest of
the following—
(a) the Regulator gives the holder a notice under
section 281(4) and the amendment or cancellation takes
effect under section 281(5);
(b) the Regulator cancels the suspension;
(c) the end of 56 days after the day the immediate
suspension notice is given to the holder.
(3) This section applies despite sections 280 and 281.

283 Minor amendment of work and rest hours exemption

(permit)
The Regulator may, by notice given to the holder of a permit
for a work and rest hours exemption (permit), amend the
exemption in a minor respect—
(a) for a formal or clerical reason; or
(b) in another way that does not adversely affect the
holder’s interests.

284 Return of permit

(1) If a person’s work and rest hours exemption (permit) is
amended or cancelled, the Regulator may, by notice given to
the person, require the person to return the person’s permit for
the exemption to the Regulator.
(2) The person must comply with the notice within 7 days after
the notice is given to the person or, if a longer period is stated
in the notice, within the longer period.
Page 258 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 285]

Maximum penalty—$6000.
(3) If the exemption has been amended, the Regulator must give
the person a replacement permit for the exemption as
amended.

285 Replacement of defaced etc. permit

(1) If a person’s permit for a work and rest hours exemption
(permit) is defaced, destroyed, lost or stolen, the person must,
as soon as reasonably practicable after becoming aware of the
matter, apply to the Regulator for a replacement permit.
Maximum penalty—$4000.
(2) If the Regulator is satisfied the permit has been defaced,
destroyed, lost or stolen, the Regulator must give the person a
replacement permit as soon as practicable.
(3) If the Regulator decides not to give a replacement permit to
the person, the Regulator must give the person an information
notice for the decision.

Subdivision 4 Offences relating to operating

under work and rest hours
exemption etc.

286 Contravening condition of work and rest hours

exemption
(1) A person must not contravene a condition of a work and rest
hours exemption.
Maximum penalty—$6000.
(2) In this section—
condition, of a work and rest hours exemption, does not
include—
(a) a condition mentioned in section 287(1); or
(b) anything stating the exemption hours for the exemption.
Current as at 19 February 2024 Page 259
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 287]

287 Keeping relevant document while operating under work

and rest hours exemption (notice)
(1) This section applies if a work and rest hours exemption
(notice) is subject to the condition that the driver of a
fatigue-regulated heavy vehicle who is operating under the
exemption must keep a relevant document in the driver’s
possession.
(2) A driver of the fatigue-regulated heavy vehicle who is
operating under the work and rest hours exemption (notice)
must comply with the condition.
Maximum penalty—$3000.
(3) Each relevant party for a driver mentioned in subsection (2)
must ensure the driver complies with subsection (2), unless
the relevant party has a reasonable excuse.
Maximum penalty—$3000.
(7) In this section—
relevant document, for a work and rest hours exemption
(notice), means a copy of—
(a) the Commonwealth Gazette notice for the exemption; or
(b) an information sheet about the exemption published by
the Regulator on the Regulator’s website.
relevant party, for the driver of a fatigue-regulated heavy
vehicle, means—
(a) an employer of the driver if the driver is an employed
driver; or
(b) a prime contractor of the driver if the driver is a
self-employed driver; or
(c) an operator of the vehicle if the driver is making a
journey for the operator.

Page 260 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 288]

288 Keeping copy of permit while driving under work and rest
hours exemption (permit)
(1) The driver of a fatigue-regulated heavy vehicle who is driving
the vehicle under a work and rest hours exemption (permit)
must keep a copy of the permit for the exemption in the
driver’s possession.
Maximum penalty—$3000.
(2) If the driver of a fatigue-regulated heavy vehicle is operating
under a work and rest hours exemption (permit) granted to a
relevant party for the driver and the relevant party has given
the driver a copy of a permit for the purpose of subsection (1),
the driver must, as soon as reasonably practicable, return the
copy to the relevant party if the driver—
(a) stops working for the relevant party; or
(b) stops operating under the relevant party’s exemption; or
(c) no longer meets the requirements relating to drivers
under the relevant party’s exemption.
Maximum penalty—$4000.
(3) Each relevant party for a driver mentioned in subsection (1)
must ensure the driver complies with subsection (1), unless
the relevant party has a reasonable excuse.
Maximum penalty—$3000.
(7) In this section—
relevant party, for the driver of a fatigue-regulated heavy
vehicle, means—
(a) an employer of the driver if the driver is an employed
driver; or
(b) a prime contractor of the driver if the driver is a
self-employed driver; or
(c) an operator of the vehicle if the driver is making a
journey for the operator.

Current as at 19 February 2024 Page 261

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 289]

Part 6.4 Requirements about record

keeping

Division 1 Preliminary

289 What is 100km work and 100+km work

(1) The driver of a fatigue-regulated heavy vehicle is undertaking
100km work if the driver is driving in an area with a radius of
100km or less from the driver’s base.
(2) The driver of a fatigue-regulated heavy vehicle is undertaking
100+km work if the driver is driving in an area with a radius
of more than 100km from the driver’s base.
(3) To remove any doubt, it is declared that the driver of a
fatigue-regulated heavy vehicle to whom subsection (2)
applies—
(a) is taken to be undertaking 100+km work even while the
driver is driving in an area within a radius of 100km or
less from the driver’s base; and
(b) if the driver is required to record information in a work
diary under this Part, must record particulars of the
journey in the driver’s work diary from the beginning of
the journey.

290 What is a driver’s record location

The record location of the driver of a fatigue-regulated heavy
vehicle is—
(a) if the driver’s record keeper has advised the driver of the
place that is the driver’s record location—the place
advised; or
(b) otherwise—the driver’s base.

Page 262 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 291]

Division 2 Work diary requirements

Subdivision 1 Requirement to carry work diary

291 Application of Sdiv 1

This Subdivision applies if the driver of a fatigue-regulated
heavy vehicle—
(a) is undertaking 100+km work under standard hours; or
(b) was undertaking 100+km work under standard hours in
the last 28 days; or
(c) is working under BFM hours, AFM hours or exemption
hours; or
(d) was working under BFM hours, AFM hours or
exemption hours in the last 28 days.

292 Meaning of work diary for Sdiv 1

(1) In this Subdivision, a reference to a work diary in relation to
the driver of a fatigue-regulated heavy vehicle is a reference to
the following—
(a) if the driver has used only 1 or more written work
diaries in the last 28 days—
(i) the written work diary the driver is currently using;
and
(ii) any filled-up written work diary the driver has used
during the last 28 days;
(b) if the driver has used only 1 or more electronic work
diaries in the last 28 days—information in each
electronic work diary relating to any period during the
last 28 days;
(c) if the driver has used a combination of 1 or more written
work diaries and 1 or more electronic work diaries in the
last 28 days—
Current as at 19 February 2024 Page 263
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 293]

(i) each of the written work diaries the driver is using

or has used during the last 28 days; and
(ii) the information in each of the electronic work
diaries the driver is using or has used during the
last 28 days that relates to any period during the
last 28 days.
(2) If the driver has made a supplementary record in the last 28
days, for this Subdivision, the supplementary record is taken
to be part of the driver’s work diary.
Note—
Section 305(4) provides in effect that a driver can no longer use a
supplementary record if the driver is issued with a new work diary, the
driver’s existing electronic work diary is made capable of recording
new information or is brought back into working order, or 7 business
days have expired (whichever first happens).

293 Driver of fatigue-regulated heavy vehicle must carry work

diary
(1) The driver of a fatigue-regulated heavy vehicle must—
(a) keep a work diary; and
(b) ensure—
(i) the driver’s work diary records the information
required to be recorded under Subdivision 2 for
each day in the previous 28 days; and
(ii) the driver’s work diary is in the driver’s possession
while the driver is driving the vehicle.
Maximum penalty—$6000.
Notes—
1 For the requirement to record particular information in a
supplementary record if the work diary of the driver of a
fatigue-regulated heavy vehicle is filled up, destroyed, lost, stolen
or, for an electronic diary, is malfunctioning, see section 305.
2 Under section 568, an authorised officer may require the driver of a
fatigue-regulated heavy vehicle to produce for inspection the
driver’s work diary.

Page 264 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 294]

(2) Subsection (1) applies irrespective of the number of days in

the previous 28 days the driver spent working in relation to a
fatigue-regulated heavy vehicle.
(3) In a proceeding for an offence against subsection (1) relating
to the driver failing to keep a work diary containing particular
information, it is a defence for the driver to prove that—
(a) the information was recorded in a work diary that, at the
time of the offence, has been destroyed (other than by
the driver) or lost or stolen; or
(b) the information was—
(i) recorded in an electronic work diary; and
(ii) destroyed or lost as a result of a malfunction of the
electronic work diary before the information was
given to the driver’s record keeper or recorded in
any other way.

Subdivision 2 Information required to be included

in work diary

294 Purpose of and definition for Sdiv 2

(1) This Subdivision provides for the information the driver of a
fatigue-regulated heavy vehicle must record in the driver’s
work diary for each day on which the driver—
(a) undertakes 100+km work under standard hours; or
(b) works under BFM hours, AFM hours or exemption
hours.
(2) In this Subdivision—
required information means information required by the
national regulations under section 295 to be recorded in the
driver’s work diary.

Current as at 19 February 2024 Page 265

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 295]

295 National regulations for information to be included in

work diary
(1) The national regulations may provide for—
(a) the information that is to be recorded in the driver’s
work diary; and
(b) the manner in which information is to be recorded in the
driver’s work diary; and
(c) any other matter relating to information that is to be
recorded in the driver’s work diary.
(2) Without limiting subsection (1), the national regulations may
provide—
(a) for information to be recorded on a daily basis
(including each period of work time and rest time the
driver has on a day) or on some other stated basis; and
(b) for information to be recorded immediately before or
after a period of work time or rest time; and
(c) for information to be recorded when finishing work for a
day; and
(d) for information to be recorded when there is a change of
the driver’s base; and
(e) for information to be recorded when there is a change of
the driver’s record location; and
(f) for information to be recorded regarding the parties to a
two-up driving arrangement.
(3) Without limiting subsections (1) and (2), the national
regulations may provide that, if the driver stops working on a
day and starts a major rest break that will continue until the
end of the day, the driver may stop recording information for
the day when the driver stops working and starts the major rest
break.

Page 266 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 296]

296 Recording information under the national

regulations—general
(1) The driver must record the required information in the driver’s
work diary in the manner and at the time prescribed by the
national regulations.
Maximum penalty—$1500.
(2) Subsection (1) does not apply to information to which
section 297 applies.

297 Information required to be recorded immediately after

starting work
(1) This section applies to required information that the national
regulations specify for the purposes of this section as required
to be recorded immediately after the driver starts work on a
day.
(2) The driver must record the required information to which this
section applies immediately after starting work on a day.
Maximum penalty—$6000.
(3) In a proceeding for an offence against subsection (2) in
relation to the failure of the driver to record information
immediately after starting to undertake 100+km work under
standard hours on a day, it is a defence for the driver to prove
that at the time of the offence—
(a) the driver was unaware that the driver would be
undertaking 100+km work under standard hours on the
day; and
(b) the driver recorded the information in the driver’s work
diary as soon as practicable after becoming aware that
the driver would be undertaking 100+km work under
standard hours on the day.

298 Failing to record information about odometer reading

(1) The driver of a fatigue-regulated heavy vehicle must record
the odometer reading in the manner prescribed by the national
Current as at 19 February 2024 Page 267
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 299]

regulations if and when required to do so by the national

regulations.
Maximum penalty—$1500.
(2) In a proceeding for the offence against subsection (1), it is a
defence for the driver to prove that—
(a) at the time of the offence, the odometer was
malfunctioning; and
(b) the driver has complied with section 397.

299 Two-up driver to provide details

If the driver is a party to a two-up driving arrangement, the
driver must, at the request of the other driver (the other driver)
who is a party to the arrangement, provide the other driver
with the details relating to the arrangement that are prescribed
by the national regulations for the purposes of this section.
Maximum penalty—$3000.

Subdivision 3 How information must be recorded

in work diary

300 Purpose of Sdiv 3

This Subdivision states how the driver of a fatigue-regulated
heavy vehicle who is required to record information in the
driver’s work diary under Subdivision 2 must record the
information.

301 Recording information in written work diary

If the driver’s work diary is a written work diary, the driver
must record information in the work diary in the following
way—

Page 268 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 302]

(a) the information for each day must be written on a

separate daily sheet in the work diary that has not been
cancelled by the Regulator;
(b) if, on a day, the driver changes the work and rest hours
option under which the driver is working, the
information for the part of the day after the change must
be written on a separate daily sheet in the work diary
that has not been cancelled by the Regulator;
(c) information must be written on a daily sheet in the way
stated in the instructions in the work diary for recording
information on daily sheets;
(d) the daily sheets in the work diary must be used in turn
from the front of the work diary;
(e) each daily sheet must be—
(i) signed and dated by the driver; and
(ii) if the driver is driving under a two-up driving
arrangement—signed by the other driver who is a
party to the arrangement;
(f) information must be written on a daily sheet with
enough pressure to ensure a readable record of the
information appears on the duplicate daily sheets;
(g) information recorded other than on a daily sheet must be
written in the work diary in the way stated in the
instructions in the work diary for the recording of the
information.
Maximum penalty—$1500.

302 Recording information in electronic work diary

If the driver’s work diary is an electronic work diary, the
driver must record information in the work diary in a way
complying with—
(a) if the Regulator has, when approving the electronic
recording system constituting the work diary, or of
which the work diary is a part, imposed any conditions
Current as at 19 February 2024 Page 269
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 303]

in relation to the way information must be recorded in

the work diary—those conditions; and
(b) the manufacturer’s instructions, if any, for recording
information in the electronic work diary, to the extent
the instructions are consistent with the conditions
mentioned in paragraph (a).
Maximum penalty—$1500.
Note—
The Regulator may impose conditions on the use of an electronic
recording system under section 343.

303 Time zone of driver’s base must be used

The driver must record time in the driver’s work diary
according to the time zone in the place where the driver’s base
is, rather than the time zone in the place where the driver is.
Maximum penalty—$1500.
Note—
See also section 248, which requires that time periods be counted by
reference to the time zone of a driver’s base when the driver’s journey
involves travelling into a different time zone.

Subdivision 4 Requirements about work diaries

that are filled up etc.

304 Application of Sdiv 4

This Subdivision applies to the driver of a fatigue-regulated
heavy vehicle who is required to record information in the
driver’s work diary under Subdivision 2 if—
(a) for a driver who uses a written work diary—the driver’s
work diary has been filled up, destroyed, lost or stolen;
or
(b) for a driver who uses an electronic work diary—the
driver’s work diary—
Page 270 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 305]

(i) has been filled up, destroyed, lost or stolen; or

(ii) is not in working order because a part of the diary
has been destroyed, lost or stolen; or
(iii) is malfunctioning or has malfunctioned.

305 Driver must make supplementary records in particular

circumstances
(1) During any period in which the driver of a fatigue-regulated
heavy vehicle is unable to use the driver’s work diary (the
existing work diary) because of circumstances mentioned in
section 304(a) or (b), the driver must record in a
supplementary record the information the driver is required
under Subdivision 2 to record for the period (the required
information).
Maximum penalty—$6000.
Note—
Under Subdivision 1, the driver of a fatigue-regulated heavy vehicle
must keep a supplementary record for 28 days after it is made as part of
the driver’s work diary. See sections 292(2) and 293.
Also, under section 341, the driver’s record keeper must keep the
supplementary record for at least 3 years after it is made (if the record
keeper is the driver) or received by the record keeper (if the record
keeper is not the driver). However, the period can be less than 3 years if
a condition of an exemption states a record must be kept for a period of
less than 3 years.
(2) For a supplementary record that is not in electronic form, the
required information must be recorded in the record as
follows—
(a) the information for each day must be written on a
separate page of the record;
(b) if, on a day, the driver changes the work and rest hours
option under which the driver is working, the
information for the part of the day after the change must
be written on a separate page of the record;
(c) each page of the record must be—
Current as at 19 February 2024 Page 271
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 305]

(i) signed and dated by the driver; and

(ii) if the driver is driving under a two-up driving
arrangement—signed by the other driver who is a
party to the arrangement.
Maximum penalty—$3000.
(3) The driver must record time in the supplementary record
according to the time zone in the place where the driver’s base
is, rather than the time zone in the place where the driver is.
Maximum penalty—$1500.
(4) Subsections (1) to (3) cease to apply—
(a) if the existing work diary is a written work diary, when
the first of the following happens—
(i) the driver is issued a new written work diary, or
obtains an electronic work diary that is in working
order;
(ii) the expiry of 7 business days after the day on
which the driver starts recording information under
this section; or
(b) if the existing work diary is an electronic work diary,
when the first of the following happens—
(i) the driver obtains a new electronic work diary that
is in working order, or a written work diary;
(ii) the existing work diary is—
(A) if the diary is filled up—made capable of
recording new information; or
(B) if the diary is not in working order as
mentioned in section 304(b)(ii) or is
malfunctioning—brought into working
order;
(iii) the expiry of 7 business days after the day on
which the driver starts recording information under
this section.

Page 272 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 306]

Note—
If one of the circumstances in subsection (4) applies, a driver may no
longer use a supplementary record to record the information required to
be recorded under Subdivision 2, and if the driver does not begin to
keep a work diary in accordance with section 293 then the driver
commits an offence against that section.
(5) In this section—
supplementary record means a record that—
(a) is not made in a written or electronic work diary; but
(b) is in a similar form to a written or electronic work diary.

306 Driver must notify Regulator if written work diary filled up

etc.
Within 2 business days after the driver of a fatigue-regulated
heavy vehicle becomes aware that the driver’s written work
diary has been filled up, destroyed, lost or stolen, the driver
must notify the Regulator in the approved form of that
happening.
Maximum penalty—$3000.

307 Driver who is record keeper must notify Regulator if

electronic work diary filled up etc.
(1) This section applies if the driver of a fatigue-regulated heavy
vehicle who is his or her own record keeper—
(a) becomes aware that the driver’s electronic work diary
has been filled up, destroyed, lost or stolen or is not in
working order as mentioned in section 304(b)(ii); or
(b) becomes aware or has reason to suspect that the driver’s
electronic work diary is malfunctioning or has
malfunctioned.
(2) The driver must notify the Regulator in the approved form of
the matter within 2 business days.
Maximum penalty—$3000.

Current as at 19 February 2024 Page 273

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 308]

(3) Within a period required by the Regulator, the driver must

ensure the electronic work diary is examined and brought into
working order.
Maximum penalty—$3000.

308 What driver must do if lost or stolen written work diary

found or returned
(1) If a lost or stolen written work diary (the old work diary) is
found by or returned to the driver of a fatigue-regulated heavy
vehicle after a replacement work diary has been issued to the
driver, the driver must do the following—
(a) immediately cancel any unused daily sheets in the old
work diary;
(b) if the old work diary is found or returned within 28 days
after it was lost or stolen—
(i) immediately notify the Regulator in the approved
form that it has been found or returned; and
(ii) give it to the Regulator within 2 business days after
the 28-day period ends;
(c) if the old work diary is found or returned later than 28
days after it was lost or stolen—give it to the Regulator
as soon as practicable after it is found or returned.
Maximum penalty—$3000.
(2) If a driver of a fatigue-regulated heavy vehicle gives a
previously lost or stolen written work diary to the Regulator
under subsection (1), the Regulator must—
(a) if the driver has not complied with subsection (1)(a),
cancel any unused daily sheets in the work diary; and
(b) return the work diary to the driver.

309 Driver must notify record keeper if electronic work diary

filled up etc.
(1) This section applies if—
Page 274 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 310]

(a) the driver of a fatigue-regulated heavy vehicle—

(i) becomes aware that the driver’s electronic work
diary has been filled up, destroyed, lost or stolen or
is not in working order as mentioned in
section 304(b)(ii); or
(ii) becomes aware or has reason to suspect that the
driver’s electronic work diary is malfunctioning or
has malfunctioned; and
(b) the driver’s record keeper is a person other than the
driver.
(2) The driver must, within 2 business days after the driver
becomes aware of the matter, inform the driver’s record
keeper of the matter.
Maximum penalty—$3000.

310 Intelligent access program reporting entity must notify

record keeper if approved electronic recording system
malfunctioning
(1) This section applies if—
(a) an approved electronic recording system—
(i) constitutes an electronic work diary or has a part
that constitutes an electronic work diary; and
(ii) is or is part of an approved intelligent transport
system; and
(b) an intelligent access program reporting entity for the
approved intelligent transport system becomes aware or
has reason to suspect that the approved electronic
recording system is malfunctioning or has
malfunctioned.
(2) The intelligent access program reporting entity must inform
the driver’s record keeper of the matter within 2 business
days.
Maximum penalty—$6000.
Current as at 19 February 2024 Page 275
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 311]

311 What record keeper must do if electronic work diary filled

up
(1) This section applies if—
(a) the record keeper for the driver of a fatigue-regulated
heavy vehicle is a person other than the driver; and
(b) the driver uses an electronic work diary supplied to the
driver by the record keeper; and
(c) the record keeper becomes aware or has reason to
suspect that the electronic work diary has been filled up.
(2) The record keeper must, as soon as reasonably practicable
after becoming aware of the matter or having reason to
suspect the matter—
(a) either—
(i) make the electronic work diary capable of
recording new information; or
(ii) give the driver a new electronic work diary that is
in working order; and
(b) if the record keeper removes any information relating to
any period during the last 28 days from the work diary
to make it capable of recording new information—give
the driver the removed information in a way that makes
the information readily available to the driver; and
(c) notify the Regulator in the approved form that the
electronic work diary has been filled up.
Maximum penalty—$6000.
(3) If the record keeper has engaged another person under a
contract for services to comply with subsection (2) for the
record keeper—
(a) the record keeper remains liable for an offence against
subsection (2); and
(b) the other person is also liable for an offence against
subsection (2) as if the other person were the record
keeper mentioned in the subsection.
Page 276 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 312]

312 What record keeper must do if electronic work diary

destroyed, lost or stolen
(1) This section applies if—
(a) the record keeper for the driver of a fatigue-regulated
heavy vehicle is a person other than the driver; and
(b) the driver uses an electronic work diary supplied to the
driver by the record keeper; and
(c) the record keeper becomes aware or has reason to
suspect that the electronic work diary has been
destroyed, lost or stolen.
(2) The record keeper must, as soon as reasonably practicable
after becoming aware of the matter or having reason to
suspect the matter—
(a) inform the driver that the electronic work diary has been
destroyed, lost or stolen unless the driver informed the
record keeper about the fault under section 309; and
(b) give the driver an electronic work diary that is in
working order; and
(c) give the driver any information, in a way that makes the
information readily available to the driver, that was in
the destroyed, lost or stolen electronic work diary that—
(i) is accessible to the record keeper; and
(ii) relates to any period during the last 28 days; and
(iii) is not stored in the new electronic work diary.
Maximum penalty—$6000.
(3) The record keeper must within 2 business days notify the
Regulator in the approved form that the electronic work diary
has been destroyed, lost or stolen, unless the record keeper has
a reasonable excuse.
Maximum penalty—$6000.
(4) If the record keeper has engaged another person under a
contract for services to comply with subsection (2) or (3) for
the record keeper—
Current as at 19 February 2024 Page 277
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 313]

(a) the record keeper remains liable for an offence against

subsection (2) or (3); and
(b) the other person is also liable for an offence against
subsection (2) or (3) as if the other person were the
record keeper mentioned in the subsection.

313 What record keeper must do if electronic work diary not

in working order or malfunctioning
(1) This section applies if—
(a) the record keeper for the driver of a fatigue-regulated
heavy vehicle is a person other than the driver; and
(b) the driver uses an electronic work diary supplied to the
driver by the record keeper; and
(c) the record keeper becomes aware of, or has reason to
suspect, either of the following matters—
(i) that the electronic work diary is not in working
order;
(ii) that the electronic work diary is malfunctioning or
has malfunctioned.
Note—
The record keeper may become aware as mentioned in
paragraph (c) whether or not the record keeper has been
informed by the driver under section 309 or an intelligent access
program reporting entity under section 310.
(2) The record keeper must as soon as reasonably practicable
after becoming aware of the matter or having reason to
suspect the matter inform the driver about the matter unless
the driver informed the record keeper about the matter under
section 309.
Maximum penalty—$6000.
(3) The record keeper must, after becoming aware of the matter or
having reason to suspect the matter—

Page 278 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 313]

(a) as soon as reasonably practicable, direct the driver in the

approved form to use a supplementary record in
compliance with section 305; and
(b) as soon as reasonably practicable, give the driver
information that was in the electronic work diary, in a
way that makes the information readily available to the
driver, that—
(i) is accessible to the record keeper; and
(ii) relates to any period during the last 28 days; and
(iii) is not stored in the electronic work diary because
the electronic work diary is not in working order or
is malfunctioning or has malfunctioned; and
(c) within 2 business days, notify the Regulator in the
approved form that the electronic work diary is not in
working order or is malfunctioning or has
malfunctioned, unless the record keeper has a
reasonable excuse; and
(d) within a period required by the Regulator, ensure the
electronic work diary is examined and brought into
working order and is not malfunctioning.
Maximum penalty—$6000.
(4) Subsection (5) applies if the driver of the vehicle changes
during any period that is relevant to the duties imposed on the
record keeper by subsection (2) or (3).
(5) Each reference to the driver in subsection (2) or (3) is a
reference to the driver of the vehicle when the record keeper
acts under the subsection.
(6) If the record keeper has engaged another person under a
contract for services to comply with subsection (2) or (3) for
the record keeper—
(a) the record keeper remains liable for an offence against
subsection (2) or (3); and

Current as at 19 February 2024 Page 279

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 314]

(b) the other person is also liable for an offence against

subsection (2) or (3) as if the other person were the
record keeper mentioned in the subsection.
(7) Subsection (6) does not apply if the other person is engaged
under a contract for services only to repair or otherwise bring
the electronic work diary into working order.
Example for the purposes of subsection (7)—
A person in the business of repairing electronic recording systems is
engaged under a contract for services to repair or otherwise bring the
electronic work diary into working order on behalf of the record keeper.

Subdivision 5 Use of electronic work diaries

314 How electronic work diary must be used

(1) This section applies if the driver of a fatigue-regulated heavy
vehicle who is required to record information in the driver’s
work diary under Subdivision 2 uses an electronic work diary.
(2) The driver must use the electronic work diary in a way
complying with—
(a) any conditions applying under this Law or a
corresponding fatigue law in relation to the use of the
approved electronic recording system constituting the
work diary or of which the work diary is a part; and
(b) the manufacturer’s specifications for the electronic
recording system that is or includes the work diary, to
the extent the specifications are consistent with the
conditions mentioned in paragraph (a).
Maximum penalty—$3000.
Note—
The Regulator may impose conditions on the use of an electronic
recording system under section 343.
(3) The record keeper of a driver of a fatigue-regulated heavy
vehicle who uses an electronic work diary must ensure the
driver complies with the requirements of subsection (2).
Page 280 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 315]

Maximum penalty—$6000.
(4) In a proceeding for an offence against subsection (2) or (3)
involving a person failing to comply with a particular
specification of the manufacturer of an electronic recording
system, it is a defence for the person to prove that—
(a) the specification was not integral to the effective
operation of the electronic recording system; or
(b) what was done or not done in relation to the
specification was in accordance with industry practice in
relation to the handling or maintenance of an electronic
recording system of that type from that manufacturer.

Subdivision 6 Extended liability

315 Ensuring driver complies with Sdivs 1–4

(1) Each responsible party for the driver of a fatigue-regulated
heavy vehicle must ensure, so far as is reasonably practicable,
the driver complies with each of Subdivisions 1, 2, 3 and 4 so
far as they are applicable.
Maximum penalty—$6000.
(2) In this section—
responsible party, for the driver of a fatigue-regulated heavy
vehicle, means—
(a) if the driver is an employed driver—an employer of the
driver; or
(b) if the driver is a self-employed driver—a prime
contractor of the driver; or
(c) an operator of the vehicle; or
(d) a scheduler for the vehicle.

Current as at 19 February 2024 Page 281

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 316]

Division 3 Records relating to drivers

Subdivision 1 Preliminary

316 Application of Div 3

This Division—
(a) applies in relation to each record keeper for the driver of
a fatigue-regulated heavy vehicle; and
(b) if there is more than 1 record keeper for the driver of a
fatigue-regulated heavy vehicle—applies only to the
extent the driver is carrying out work in relation to
which the record keeper is a record keeper for the driver.
Example for the purposes of paragraph (b)—
The driver of a fatigue-regulated heavy vehicle is an employed
driver employed by employer A and employer B, each of whom
is a record keeper of the driver. A’s obligations to record
information under this Division apply only to the extent the
information is about the work the driver carries out for A.
For example, under section 319, A need only record the
registration numbers of the fatigue-regulated heavy vehicles the
driver drives for carrying out work for A and the work times and
rest times of the driver while carrying out that work. A does not
need to record the registration numbers for the fatigue-regulated
heavy vehicles the driver drives for carrying out work for B or
the work times and rest times of the driver while carrying out
that work.

317 Who is a driver’s record keeper

The following person is the record keeper for the driver of a
fatigue-regulated heavy vehicle—
(a) if the driver is operating under a BFM accreditation or
AFM accreditation of an operator of the vehicle or a
work and rest hours exemption (permit) granted in
combination with an operator’s BFM accreditation or
AFM accreditation—the operator;
Page 282 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 318]

(b) otherwise—
(i) for an employed driver of a fatigue-regulated
heavy vehicle—the driver’s employer; or
(ii) for a self-employed driver of a fatigue-regulated
heavy vehicle—the driver.

Subdivision 2 Record keeping obligations relating

to drivers undertaking 100km work
under standard hours

318 Application of Sdiv 2

This Subdivision applies in relation to the driver of a
fatigue-regulated heavy vehicle who is undertaking only
100km work under standard hours.

319 Records record keeper must have

(1) The driver’s record keeper must, unless the record keeper has
a reasonable excuse—
(a) record the following information within the prescribed
period—
(i) the driver’s name and contact details;
(ii) the driver’s current driver licence number and the
jurisdiction in which the licence was issued;
(iii) the dates on which the driver drives a
fatigue-regulated heavy vehicle on a road;
(iv) the registration number for each fatigue-regulated
heavy vehicle the driver drives, being—
(A) in the case of a vehicle that is not in a
combination—that vehicle; or
(B) in the case of a vehicle that is in a
combination—the towing vehicle in the
combination;
Current as at 19 February 2024 Page 283
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 319]

(v) the total of the driver’s work times and rest times
on each day on which the driver drives a
fatigue-regulated heavy vehicle;
(vi) the total of the driver’s work times and rest times
for each week during which the driver drives a
fatigue-regulated heavy vehicle;
(vii) the driver’s rosters and trip schedules, including
details of driver changeovers;
(viii) the location of the driver’s base;
(ix) if the location of the driver’s base changes—the
date on which the location changes; and
(b) keep a copy of payment records relating to the driver,
including time sheet records if the driver is paid
according to time at work.
Maximum penalty—$6000.
(2) A requirement imposed on a record keeper by
subsection (1)(a)(ii) to (vi) is taken to be satisfied if an
electronic work diary used by the driver, the information in
which is maintained by the record keeper, includes the
information mentioned in the provisions.
(3) If the record keeper has engaged another person under a
contract for services to comply with subsection (1) for the
record keeper—
(a) the record keeper remains liable for an offence against
subsection (1); and
(b) the other person is also liable for an offence against
subsection (1) as if the other person were the record
keeper mentioned in the subsection.
(6) In this section—
prescribed period, for recording information mentioned in
subsection (1) relating to the driver of a fatigue-regulated
heavy vehicle, means—

Page 284 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 319A]

(a) if the driver’s record keeper is the driver—within 24

hours after the driver stops working on a day for which
the information is relevant; or
(b) if the driver’s record keeper is a person other than the
driver—as soon as possible after the person receives the
information.

319A General requirements about driver recording and giving

information to record keeper
(1) This section applies if the driver’s record keeper on a relevant
day is a person other than the driver.
(2) The driver must, unless the driver has a reasonable excuse—
(a) within 24 hours after the driver stops working on the
relevant day, record the information mentioned in
section 319(1)(a)(iii) to (vi) for that day; and
(b) within 21 days after the relevant day, give the
information mentioned in section 319(1) for that day to
the driver’s record keeper.
Maximum penalty—$3000.
(3) The requirement imposed on the driver by subsection (2)(a) is
taken to be satisfied if the record keeper records the
information within the period mentioned in the provision.
(4) The requirement imposed on the driver by subsection (2)(b) is
taken to be satisfied if the record keeper obtains the
information within the period mentioned in the provision in
any way, including, for example, because the information is
recorded—
(a) in an electronic work diary used by the driver, the
information in which is maintained by the record
keeper; or
(b) by the record keeper.
(5) The record keeper must, so far as is reasonably practicable,
ensure the driver complies with subsection (2)(b).
Maximum penalty—$3000.
Current as at 19 February 2024 Page 285
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 320]

(6) If the record keeper has engaged another person under a

contract for services to comply with subsection (5) for the
record keeper—
(a) the record keeper remains liable for an offence against
subsection (5); and
(b) the other person is also liable for an offence against
subsection (5) as if the other person were the record
keeper mentioned in the subsection.
(7) In this section—
relevant day means a day on which the driver drives a
fatigue-regulated heavy vehicle on a road.

Subdivision 3 Record keeping obligations relating

to drivers undertaking 100+km work
under standard hours or operating
under BFM hours, AFM hours or
exemption hours

320 Application of Sdiv 3

This Subdivision applies in relation to the driver of a
fatigue-regulated heavy vehicle who is—
(a) undertaking 100+km work under standard hours; or
(b) operating under BFM hours, AFM hours or exemption
hours.

321 Records record keeper must have

(1) The driver’s record keeper must, unless the record keeper has
a reasonable excuse—
(a) record the following information within the prescribed
period—
(i) the driver’s name and contact details;

Page 286 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 321]

(ii) the driver’s current driver licence number and the

jurisdiction in which the licence was issued;
(iii) the driver’s rosters and trip schedules, including
details of driver changeovers; and
(b) keep a copy of all duplicate pages, if any, and other
copies of work diary entries, including any entry made
in a supplementary record—
(i) given to the record keeper under section 322; or
(ii) as required to be made by the record keeper as a
self-employed driver under Division 2; and
(c) keep a copy of payment records relating to the driver,
including time sheet records if the driver is paid
according to time at work.
Maximum penalty—$6000.
(2) The requirement imposed on the record keeper by
subsection (1)(a)(ii) is taken to be satisfied if an electronic
work diary used by the driver, the information in which is
maintained by the record keeper, includes the information
mentioned in the provision.
(3) If the driver is operating under BFM hours or AFM hours, the
record keeper must, unless the record keeper has a reasonable
excuse, also record the following information—
(a) the information required to be kept by the record keeper
as a condition of the BFM accreditation or AFM
accreditation under which the driver is operating;
(b) the information required to be kept by the record keeper
under the BFM standards and business rules or AFM
standards and business rules.
Maximum penalty—$6000.
Note—
See also section 470 for other record-keeping requirements applying to
a record keeper who is an operator operating under a BFM accreditation
or AFM accreditation.

Current as at 19 February 2024 Page 287

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 321]

(4) If the record keeper has engaged another person under a

contract for services to comply with subsection (1) or (3) for
the record keeper—
(a) the record keeper remains liable for an offence against
the subsection; and
(b) the other person is also liable for an offence against the
subsection as if the other person were the record keeper
mentioned in the subsection.
(7) This section does not apply to the record keeper for the driver
of a fatigue-regulated heavy vehicle who—
(a) is exempt from the requirements of Division 2 under
section 356; or
(b) is operating under a work diary exemption (notice).
Note—
A record keeper for the driver of a fatigue-regulated heavy vehicle who
is not exempt from the requirements of Division 2 under section 356
and who is operating under a work diary exemption (permit) is not
exempt from this section and therefore is subject to its requirements.
(8) In this section—
AFM standards and business rules has the meaning given by
section 457.
BFM standards and business rules has the meaning given by
section 457.
prescribed period, for recording information mentioned in
subsection (1) relating to the driver of a fatigue-regulated
heavy vehicle, means—
(a) if the driver’s record keeper is the driver—within 24
hours after the driver stops working on a day for which
the information is relevant; or
(b) if the driver’s record keeper is a person other than the
driver—as soon as possible after the person receives the
information.

Page 288 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 322]

322 General requirements about driver giving information to

record keeper
(1) This section applies if—
(a) the driver of a fatigue-regulated heavy vehicle is
required to record information in the driver’s work diary
under Division 2; and
(b) the driver’s record keeper is a person other than the
driver.
(2) The driver must, within 21 days after the day on which the
driver drove the vehicle, give a copy of the work diary entry
recording the information, including any entry made in a
supplementary record recording the information for that day,
to each person who was a record keeper for the driver on that
day, unless the driver has a reasonable excuse.
Maximum penalty—$3000.
(3) The requirement imposed on the driver by subsection (2) is
taken to be satisfied if an electronic work diary used by the
driver, the information in which is maintained by the record
keeper, includes the information mentioned in the provision.
(4) The record keeper must ensure, so far as is reasonably
practicable, the driver complies with subsection (2).
Maximum penalty—$3000.
(5) If the record keeper has engaged another person under a
contract for services to comply with subsection (4) for the
record keeper—
(a) the record keeper remains liable for an offence against
subsection (4); and
(b) the other person is also liable for an offence against
subsection (4) as if the other person were the record
keeper mentioned in the subsection.

323 Requirements about driver giving information to record

keeper if driver changes record keeper
(1) This section applies if—
Current as at 19 February 2024 Page 289
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 324]

(a) the driver of a fatigue-regulated heavy vehicle is, or was

in the previous 28 days, required to record information
in the driver’s work diary under Division 2; and
(b) the driver changes record keepers; and
(c) the new record keeper is a person other than the driver.
(2) The driver must, before driving a fatigue-regulated heavy
vehicle for the driver’s new record keeper, give the new record
keeper a copy of information the driver recorded in a work
diary in the 28 days before the change happened that relates to
that 28-day period, unless the driver has a reasonable excuse.
Maximum penalty—$3000.
(3) The new record keeper must ensure, so far as is reasonably
practicable, the driver complies with subsection (2).
Maximum penalty—$3000.
(4) The requirement imposed on the driver or the record keeper
by subsection (2) or (3) is taken to be satisfied if an electronic
work diary used by the driver, the information in which is
maintained by the record keeper, includes the information
mentioned in the subsection.
(5) If the new record keeper has engaged another person under a
contract for services to comply with subsection (3) for the
new record keeper—
(a) the new record keeper remains liable for an offence
against subsection (3); and
(b) the other person is also liable for an offence against
subsection (3) as if the other person were the new record
keeper mentioned in the subsection.

324 Record keeper must give information from electronic

work diary
(1) This section applies if—
(a) the driver of a fatigue-regulated heavy vehicle is
required to record information in the driver’s work diary
under Division 2; and
Page 290 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 324A]

(b) the driver’s record keeper is a person other than the

driver; and
(c) the driver is using an electronic work diary supplied to
the driver by the driver’s record keeper.
(2) If the driver stops using the electronic work diary, the driver’s
record keeper must immediately give the driver, in a way that
makes the information readily available to the driver, the
information recorded in the work diary for each day on which
the driver was using the electronic work diary, unless the
record keeper has a reasonable excuse.
Maximum penalty—$3000.
(3) If the record keeper has engaged another person under a
contract for services to comply with subsection (2) for the
record keeper—
(a) the record keeper remains liable for an offence against
subsection (2); and
(b) the other person is also liable for an offence against
subsection (2) as if the other person were the record
keeper mentioned in the subsection.

324A Record keeper must give record to driver if requested

(1) This section applies if—
(a) the driver of a fatigue-regulated heavy vehicle is
required to record information in the driver’s work diary
under Division 2; and
(b) the driver’s record keeper is a person other than the
driver; and
(c) the driver requests a record held under this Division by
the record keeper.
(2) The driver’s record keeper must, as soon as reasonably
practicable—
(a) give the driver a copy of the record, or make the record
available to the driver; or
Current as at 19 February 2024 Page 291
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 325]

(b) if the information is recorded in an electronic work

diary—give the driver, in a way that makes the
information readily available to the driver, the
information recorded in the work diary.
Maximum penalty—$1500.

Division 4 Provisions about false

representations relating to work
records

325 False or misleading entries

(1) A person must not record something in a work record that the
person knows, or ought reasonably to know, is false or
misleading.
Maximum penalty—$10000.
Note—
See section 632 for the matters a court may consider when deciding
whether a person ought reasonably to have known something.
(2) In a proceeding for an offence against subsection (1), it is
enough for a charge to state that the entry was ‘false or
misleading’, without specifying whether it was false or
whether it was misleading.

326 When possessing, or recording information in, more than

1 work diary relating to the same period is prohibited
(1) The driver of a fatigue-regulated heavy vehicle must not have
in the driver’s possession more than 1 written work diary in
which information can be recorded on a daily sheet.
Maximum penalty—$10000.
(2) The driver of a fatigue-regulated heavy vehicle must not
record information for the same period in—
(a) a written work diary and an electronic work diary; or
(b) more than 1 electronic work diary.
Page 292 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 327]

Example—
The driver of a fatigue-regulated heavy vehicle works for A and B. The
driver keeps a written work diary for work done for A and an electronic
work diary for work done for B. On a particular day, the driver works
from 1p.m. to 5p.m. for A and from 6p.m. to 11p.m. for B.
The driver must record the information about the period between 1p.m.
and 5p.m. in the written work diary kept for A, and the information for
the period between 6p.m. and 11p.m. in the electronic work diary kept
for B.
The driver must not record information about the period between 1p.m.
and 5p.m., or the period between 6p.m. to 11p.m., in both the written
work diary and electronic work diary.
Maximum penalty—$10000.

327 Possession of purported work records etc. prohibited

The driver of a fatigue-regulated heavy vehicle or the record
keeper for a driver of a fatigue-regulated heavy vehicle must
not have in the driver’s or record keeper’s possession a thing
purporting to be a work record if the driver or record keeper
knows, or ought reasonably to know, that it is not a work
record.
Maximum penalty—$10000.
Note—
See section 632 for the matters a court may consider when deciding
whether a person ought reasonably to have known something.

328 False representation about work records prohibited

A person must not falsely represent that a work record was
made by the person.
Maximum penalty—$10000.

Current as at 19 February 2024 Page 293

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 329]

Division 5 Interfering with work records

Subdivision 1 Work records generally

329 Defacing or changing work records etc. prohibited

A person must not deface or change a work record that the
person knows, or ought reasonably to know, is correct.
Maximum penalty—$10000.
Note—
1 Giving a false or misleading document to an official is prohibited
by section 702.
2 See section 341 for the requirement that the record keeper for the
driver of a fatigue-regulated heavy vehicle keep particular records
in a way that ensures they are readable and reasonably capable of
being understood and capable of being used as evidence.
3 See section 632 for the matters a court may consider when
deciding whether a person ought reasonably to have known
something.

330 Making entries in someone else’s work records

prohibited
(1) A person must not make an entry in someone else’s work
record.
Maximum penalty—$10000.
(2) Subsection (1) does not apply to—
(a) a person who—
(i) makes an entry in another person’s work diary
under a work diary exemption (permit) applying to
the other person; and
(ii) is nominated by the other person to make the entry;
or
(b) an authorised officer; or
(c) a party to a two-up driving arrangement—
Page 294 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 331]

(i) signing the written work diary of the other party to

the arrangement; or
(ii) making an entry in the other party’s electronic
work diary indicating the party’s approval of the
information recorded in the work diary.

331 Destruction of particular work records prohibited

If a work record is required under (or by a condition under)
this Part to be kept for a particular period by a person, the
person or someone else must not destroy the record before the
end of the period.
Maximum penalty—$10000.
Note—
See section 341 for the period for which record keepers for drivers of
fatigue-regulated heavy vehicles are required to keep particular work
records.

332 Offence to remove pages from written work diary

A person must not remove a daily sheet, or the duplicates of a
daily sheet, from a written work diary except as required or
authorised by this Law or a corresponding fatigue law.
Maximum penalty—$10000.

Subdivision 2 Approved electronic recording

systems

333 Application of Sdiv 2

This Subdivision applies to an approved electronic recording
system constituting an electronic work diary or of which an
electronic work diary is a part.

Current as at 19 February 2024 Page 295

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 334]

334 Meaning of tamper

Tamper with an approved electronic recording system
means—
(a) engage in conduct that—
(i) results in the system, or a part of the system,
malfunctioning; or
(ii) could result in the system, or a part of the system,
malfunctioning; or
(iii) alters any of the data recorded by the system or a
part of the system; or
(iv) could alter any of the data recorded by the system
or a part of the system; or
(v) results in inaccurate information being recorded by
the system or a part of the system; or
(vi) could result in inaccurate information being
recorded by the system or a part of the system; or
(b) engage in conduct that alters or otherwise interferes with
an electronic signal sent to or from the system, or a part
of the system, if the alteration or interference has or
could have an effect mentioned in paragraph (a)(i), (iii)
or (v).

335 Person must not tamper with approved electronic

recording system
(1) A person must not tamper with an approved electronic
recording system.
Maximum penalty—$10000.
(2) Subsection (1) does not apply to—
(a) conduct associated with repairing an approved
electronic recording system, or a part of an approved
electronic recording system, that is malfunctioning or
has malfunctioned; or

Page 296 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 336]

(b) conduct associated with maintaining an approved

electronic recording system; or
(c) an authorised officer when exercising functions under
this Law.
(5) In a proceeding for an offence against subsection (1)
involving a person engaging in conduct that alters or
otherwise interferes with any electronic signal sent to or from
an approved electronic recording system, or a part of an
approved electronic recording system, it is a defence for the
person to prove that the person was not aware, and could not
reasonably be expected to have been aware, that the conduct
would alter or otherwise interfere with the electronic signal.

336 Person using approved electronic recording system must

not permit tampering with it
(1) A person who uses an approved electronic recording system
must not permit another person to tamper with the system.
Maximum penalty—$10000.
Examples of a person who uses an approved electronic recording system—
• a driver of a heavy vehicle
• a driver’s record keeper

336A Reporting tampering or suspected tampering with

electronic work diary
(1) If the record keeper for the driver of a fatigue-regulated heavy
vehicle knows, or has reasonable grounds to suspect, an
electronic work diary has been tampered with, the record
keeper must report the matter to the Regulator—
(a) within 2 business days; and
(b) in the approved form.
Maximum penalty—$6000.
(2) If the record keeper has engaged another person under a
contract for services to comply with subsection (1) for the
record keeper—
Current as at 19 February 2024 Page 297
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 337]

(a) the record keeper remains liable for an offence against

subsection (1); and
(b) the other person is also liable for an offence against
subsection (1) as if the other person were the record
keeper mentioned in the subsection.

337 Intelligent access program reporting entity must not

permit tampering with approved electronic recording
system
(1) This section applies if an approved electronic recording
system is or is part of an approved intelligent transport
system.
(2) An intelligent access program reporting entity for the
approved intelligent transport system must not permit another
person to tamper with the approved electronic recording
system.
Maximum penalty—$10000.

Division 6 Obtaining written work diary

338 Form of written work diary

(1) This section states the requirements for written work diaries
issued by the Regulator under this Division.
(2) A written work diary must contain—
(a) a unique identifying number for the work diary; and
(b) sheets (daily sheets) that—
(i) provide for recording information daily; and
(ii) are sequentially numbered; and
(c) 2 duplicates of each daily sheet; and
(d) a duplicate of any application form contained in the
work diary under subsection (3); and

Page 298 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 339]

(e) instructions for use of the work diary.

(3) A written work diary may contain an application in the
approved form for the issue of another work diary.
(4) Each daily sheet of a written work diary must be in a form that
ensures that, if information is written on the daily sheet in the
way stated in the instructions in the work diary or this Law,
the information should be automatically copied on to the
duplicates for the sheet.

339 Application for written work diary

(1) The driver of a fatigue-regulated heavy vehicle may apply to
the Regulator for a written work diary.
(2) The application must be—
(a) in the approved form; and
(b) accompanied by the prescribed fee for the application.
(3) If the application is for a written work diary to replace a
written work diary previously issued to the driver (the existing
written work diary), the driver must give the existing written
work diary to the Regulator with the application, unless the
existing written work diary has been destroyed, lost or stolen.
(4) If the driver gives the existing written work diary to the
Regulator, the Regulator must—
(a) cancel any unused daily sheets in the written work diary;
and
(b) return the written work diary to the driver when the
Regulator issues the replacement written work diary to
the driver.
(5) If the application is for a written work diary to replace a
written work diary that has been destroyed, lost or stolen, the
application must—
(a) state the previous work diary’s number and that it has
been destroyed, lost or stolen; and

Current as at 19 February 2024 Page 299

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 340]

(b) briefly outline the circumstances of the destruction, loss

or theft.

340 Issue of written work diary

(1) The Regulator must issue a written work diary to the driver of
a fatigue-regulated heavy vehicle if the driver—
(a) applies for the work diary under section 339; and
(b) identifies himself or herself by showing his or her
current driver licence to the Regulator; and
(c) pays the prescribed fee for the issue of the work diary.
(2) If the Regulator issues a written work diary to the driver of a
fatigue-regulated heavy vehicle, the Regulator must note the
date, time and place of issue on the written work diary.
(3) The Regulator may make other notes on the written work
diary the Regulator considers appropriate.

Division 6A Requirements about records record

keeper must make or keep

341 Period for which, and way in which, records must be kept
(1) The record keeper of the driver of a fatigue-regulated heavy
vehicle must, unless the record keeper has a reasonable
excuse, keep a record required to be made or kept under
Division 3, or a copy of the record, for 3 years after—
(a) for a record made by the record keeper—the day the
record keeper makes the record; or
(b) for another record—the day the record keeper receives
the record.
Maximum penalty—$6000.
(2) The record keeper of the driver of a fatigue-regulated heavy
vehicle must, unless the record keeper has a reasonable
excuse, keep a record required to be made or kept under (or by
Page 300 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 341]

a condition under) Division 8 or 8A, or a copy of the record,

for a period of 3 years, or, if a condition of an exemption
states a record must be kept for a period of less than 3 years,
the period stated in the condition, after—
(a) for a record made by the record keeper—the day the
record keeper makes the record; or
(b) for another record—the day the record keeper receives
the record.
Maximum penalty—$6000.
(3) Except where the driver is his or her own record keeper, the
record keeper must, unless the record keeper has a reasonable
excuse, keep the record or copy at the driver’s record location
in a way that ensures it is readily available to an authorised
officer at the record location.
Maximum penalty—$3000.
(4) If the driver is his or her own record keeper, the driver as
record keeper must, unless the driver as record keeper has a
reasonable excuse, ensure the record or copy of the record is
kept at the driver’s record location in a way that ensures it is
readily available to an authorised officer at the record location
by the end of the 21-day period after the day the record is
made.
Maximum penalty—$3000.
(5) The record keeper must, unless the record keeper has a
reasonable excuse, keep the record or copy in a way that
ensures it is—
(a) readable and reasonably capable of being understood;
and
(b) capable of being used as evidence.
Example—
To ensure a record kept in a storage facility does not become
unreadable, for example, by degrading, the record keeper could scan the
hard copy of the record and keep it in an electronic format that is
readable.
Maximum penalty—$6000.
Current as at 19 February 2024 Page 301
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 341]

(6) A reference in subsection (1) to keeping a record of

information required to be made or kept under Division 3
includes a reference to maintaining a record of the
information that is in an electronic work diary, if that record is
taken to have satisfied the requirement under Division 3.
(7) If the driver’s work diary is an electronic work diary, the
driver’s record keeper must, unless the record keeper has a
reasonable excuse, maintain a record of the information that is
recorded in the work diary in a way complying with—
(a) if the Regulator has, when approving the electronic
recording system constituting the work diary, or of
which the work diary is a part, imposed any conditions
in relation to the way information must be recorded in
the work diary—those conditions; and
(b) the manufacturer’s instructions, if any, for recording
information in the electronic work diary, to the extent
the instructions are consistent with the conditions
mentioned in paragraph (a).
Maximum penalty—$1500.
Note—
The Regulator may impose conditions on the use of an electronic
recording system under section 343.
(8) If the record keeper has engaged another person under a
contract for services to comply with subsection (1), (2), (3),
(5) or (7) for the record keeper—
(a) the record keeper remains liable for an offence against
the subsection; and
(b) the other person is also liable for an offence against the
subsection as if the other person were the record keeper
mentioned in the subsection.

Page 302 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 342]

Division 7 Approval of electronic recording

systems

Subdivision 1 Approval of electronic recording

systems

342 Application for approval of electronic recording system

(1) A person may apply to the Regulator for the approval of an
electronic recording system.
Examples of persons who may apply for an approval under this section—
• manufacturers of electronic recording systems
• operators of fatigue-regulated heavy vehicles
• drivers of fatigue-regulated heavy vehicles
(2) The application must be—
(a) in the approved form; and
(b) accompanied by the prescribed fee for the application.

343 Deciding application for approval

(1) The Regulator must, as soon as practicable after receiving an
application for an electronic recording system approval—
(a) grant the approval, with or without conditions about the
use or maintenance of the electronic recording system to
which the approval relates; or
(b) refuse the application.
(2) The Regulator may approve an electronic recording system
only if the Regulator is satisfied the system—
(a) is suitable or has a part that is suitable for fitting to, or
for use in, a fatigue-regulated heavy vehicle; and
(b) has a mechanism that readily indicates to the driver of
the fatigue-regulated heavy vehicle to which it or a part

Current as at 19 February 2024 Page 303

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 343]

of it is fitted, or in which it or a part of it is used, that the

system is or is not properly functioning; and
(c) is capable of—
(i) accurately monitoring and recording the work
times and rest times of the driver of the
fatigue-regulated heavy vehicle to which it or a
part of it is fitted, or in which it or a part of it is
used; and
(ii) accurately recording any other information the
driver is required by this Law to record in a work
diary; and
(d) if the system or a part of it is to be fitted to a
fatigue-regulated heavy vehicle and is to be used by
more than 1 driver of the vehicle, is capable of ensuring
the following—
(i) all of the information mentioned in paragraph (c)
can be accurately monitored or recorded for each
of the drivers;
(ii) the details recorded by, or in relation to, 1 of the
drivers are readily distinguishable from the details
recorded by, or in relation to, the other drivers;
(iii) the name of the driver in relation to whom details
are recorded is shown whenever the details are
accessed;
(iv) 1 of the drivers can not record any information,
that the driver is required by this Law to record in a
work diary, in the system for any of the other
drivers; and
(e) has a mechanism to ensure the driver of the
fatigue-regulated heavy vehicle to which it or a part of it
is fitted, or in which it or a part of it is used, can not alter
any information the driver records in the system once
the driver has had an opportunity to confirm the
accuracy of the information; and

Page 304 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 344]

(f) is capable of enabling the driver of the fatigue-regulated

heavy vehicle to which it or a part of it is fitted, or in
which it or a part of it is used, to send information to the
driver’s record keeper; and
(g) has a mechanism that, at least once each day, readily
indicates to the driver whether information has or has
not been sent to the record keeper; and
(h) is capable of readily reproducing, on being accessed by
the record keeper for the driver of the fatigue-regulated
heavy vehicle to which it or a part of it is fitted, or in
which it or a part of it is used, the information that the
system contains; and
(i) is capable of readily reproducing, on being accessed by
an authorised officer while the vehicle to which it or a
part of it is fitted, or in which it or a part of it is used, is
on a road, the information the system contains in a form
that—
(i) is readily accessible by the officer; and
(ii) is reasonably capable of being understood by the
officer; and
(iii) can be used as evidence.
(3) In deciding whether or not to grant the approval, the Regulator
must have regard to the approved guidelines for granting
electronic recording system approvals.
(4) An approved electronic recording system may be, or be a part
of, an approved intelligent transport system.

344 Steps after decision to grant approval

(1) If the Regulator grants an approval under section 343, the
Regulator must give the applicant a numbered certificate of
approval.
(2) If the Regulator imposes conditions on the approval, the
certificate of approval given to the applicant must state the
conditions.
Current as at 19 February 2024 Page 305
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 345]

(3) If the Regulator imposes conditions on the approval not

sought by the applicant, the Regulator must give the applicant
an information notice for the decision to impose the
conditions.

345 Steps after decision to refuse application

If the Regulator decides not to grant an application for an
electronic recording system approval, the Regulator must give
the applicant an information notice for the decision.

346 Effect of approval

(1) An electronic recording system approval granted under this
Subdivision applies to any system identical to the system
given to the Regulator for approval.
(2) The conditions imposed on the approval under section 343, or
Subdivision 3, apply to each identical system to which the
approval applies.

Subdivision 2 Using unapproved electronic

recording system

347 Prohibition on using electronic work diary if it is not, and

is not a part of, an approved electronic recording system
A person must not use as an electronic work diary for the
purposes of this Law an electronic recording system
constituting an electronic work diary, or of which an
electronic work diary is a part, if the person knows, or ought
reasonably to know, the electronic recording system is not an
approved electronic recording system.
Maximum penalty—$10000.
Note—
See section 632 for the matters a court may consider when deciding
whether a person ought reasonably to have known something.

Page 306 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 351]

Subdivision 3 Amendment or cancellation of

approval

351 Amendment or cancellation of approval on application

(1) The holder of an electronic recording system approval may
apply to the Regulator for an amendment or cancellation of
the approval.
(2) The application must—
(a) be in writing; and
(b) be accompanied by the prescribed fee for the
application; and
(c) if the application is for an amendment of the approval,
state clearly the amendment sought and outline the
reasons for the application; and
(d) be accompanied by the certificate of approval for the
approval.
(3) The Regulator may, by notice given to the applicant, require
the applicant to give the Regulator any additional information
the Regulator reasonably requires to decide the application.
(4) The Regulator must decide the application as soon as
practicable after receiving it.
(5) If the Regulator decides to grant the application—
(a) the Regulator must give the applicant notice of the
decision; and
(b) the amendment or cancellation takes effect—
(i) when notice of the decision is given to the
applicant; or
(ii) if a later time is stated in the notice, at the later
time; and
(c) if the Regulator amended the approval, the Regulator
must give the applicant a replacement certificate of
approval for the approval as amended.
Current as at 19 February 2024 Page 307
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 352]

(6) If the Regulator decides not to amend or cancel the approval

as sought by the applicant, the Regulator must—
(a) give the applicant an information notice for the decision;
and
(b) return the certificate of approval for the approval to the
applicant.
(7) In this section—
certificate of approval, for an electronic recording system
approval, means the certificate of approval issued by the
Regulator under section 344 for the approval.

352 Amendment or cancellation of approval on Regulator’s

initiative
(1) Each of the following is a ground for amending or cancelling
an electronic recording system approval—
(a) the approval was granted because of a document or
representation that was—
(i) false or misleading; or
(ii) obtained or made in an improper way;
(b) since the approval was granted, there has been a change
in the circumstances that were relevant to the
Regulator’s decision to grant the approval and, had the
changed circumstances existed when the approval was
granted, the Regulator would not have granted the
approval, or would have granted the approval subject to
conditions or different conditions.
(2) If the Regulator considers a ground exists to amend or cancel
an electronic recording system approval (the proposed
action), the Regulator must give the holder of the approval a
notice—
(a) stating the proposed action; and
(b) stating the ground for the proposed action; and

Page 308 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 353]

(c) outlining the facts and circumstances forming the basis

for the ground; and
(d) if the proposed action is to amend the approval
(including a condition of the approval)—stating the
proposed amendment; and
(e) inviting the holder to make, within a stated time of at
least 14 days after the notice is given to the holder,
written representations about why the proposed action
should not be taken.
(3) If, after considering all written representations made under
subsection (2)(e), the Regulator still considers a ground exists
to take the proposed action, the Regulator may—
(a) if the proposed action was to amend the
approval—amend the approval, including, for example,
by imposing additional conditions on the approval, in a
way that is not substantially different from the proposed
action; or
(b) if the proposed action was to cancel the approval—
(i) amend the approval, including, for example, by
imposing additional conditions on the approval; or
(ii) cancel the approval.
(4) The Regulator must give the holder an information notice for
the decision.
(5) The amendment or cancellation takes effect—
(a) when the information notice is given to the holder; or
(b) if a later time is stated in the information notice, at the
later time.

353 Minor amendment of approval

The Regulator may, by notice given to the holder of an
electronic recording system approval, amend the approval in a
minor respect—
(a) for a formal or clerical reason; or
Current as at 19 February 2024 Page 309
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 354]

(b) in another way that does not adversely affect the

holder’s interests.

354 Requirements if approval amended

(1) This section applies if, under this Subdivision—
(a) the Regulator amends an electronic recording system
approval to change the conditions about the use or
maintenance of the electronic recording system the
subject of the approval; and
(b) in the Regulator’s opinion, the amendment will, or is
likely to, significantly affect the way the electronic
recording system the subject of the approval is to be
used.
(2) The Regulator may, by notice, direct the holder of the
approval to give each person to whom the holder has supplied
an electronic recording system the subject of the approval, or
a device forming part of the system, a notice stating the
amended conditions of the approval.
(3) If the Regulator gives the holder of the approval a direction
under subsection (2), the holder must comply with the
direction.
Maximum penalty—$6000.
(4) With the Regulator’s written consent, a person may comply
with subsection (3) by publishing the amended conditions,
and any further details stated by the Regulator, using at least 2
of the following methods—
(a) by notice published in a newspaper stated by the
Regulator;
(b) by notice published in a journal or newsletter stated by
the Regulator;
(c) on a website stated by the Regulator.
(5) If, under subsection (3), the holder of the approval gives a
person a notice stating the amended conditions of the
approval, the person must give a copy of the notice to each
Page 310 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 355]

other person to whom the person has supplied an electronic

recording system the subject of the approval, or a device
forming part of the system.
Example for the purposes of subsection (5)—
The holder of an approval is a manufacturer and the manufacturer has
supplied an electronic recording system the subject of the approval to
an operator of a fatigue-regulated heavy vehicle who has supplied the
system to the vehicle’s driver. If, under subsection (3), the manufacturer
gives the operator a notice stating the amended conditions of the
approval, the operator must, under subsection (5), give the driver a copy
of the notice.
Maximum penalty—$6000.
(6) Nothing in this section prevents the Regulator from publishing
details of the amendment by whatever means the Regulator
thinks appropriate.
Example—
The Regulator may publish the amended conditions in the
Commonwealth Gazette or on a website.
(7) In this section—
amended conditions, of an electronic recording system
approval that has been amended under this Division, means
the conditions of the approval as they apply after the
amendment.

355 Requirements if approval cancelled

(1) This section applies if, under this Subdivision, the Regulator
notifies the holder of an electronic recording system approval
that the approval has been cancelled.
(2) If the electronic recording system constitutes an electronic
work diary, or if part of the electronic recording system is an
electronic work diary, the holder of the approval must, within
the period stated by the Regulator in the notification, remove
any electronic message on the system’s visual display stating
the system is or includes an electronic work diary.
Maximum penalty—$6000.
Current as at 19 February 2024 Page 311
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 355]

(3) The Regulator may, by notice, direct the holder of the

approval to give each person to whom the holder has supplied
an electronic recording system the subject of the approval that
constitutes an electronic work diary, or of which an electronic
work diary is a part, a notice stating that the approval has been
cancelled.
(4) If the Regulator gives the holder of the approval a direction
under subsection (3), the holder must comply with the
direction.
Maximum penalty—$6000.
(5) With the Regulator’s written consent, a person may comply
with subsection (4) by publishing details of the cancellation,
and any further details stated by the Regulator, using at least 2
of the following methods—
(a) by notice published in a newspaper stated by the
Regulator;
(b) by notice published in a journal or newsletter stated by
the Regulator;
(c) on a website stated by the Regulator.
(6) If, under subsection (4), the holder of the approval gives a
person a notice that the approval has been cancelled, the
person must give a notice to each other person to whom the
person has supplied an electronic recording system the subject
of the approval that constitutes an electronic work diary, or of
which an electronic work diary is a part, stating that the
approval has been cancelled.
Example for the purposes of subsection (6)—
The holder of an approval is a service provider who has supplied to the
operator of a fatigue-regulated heavy vehicle an approved electronic
recording system constituting an electronic work diary or of which an
electronic work diary is a part. If, under subsection (4), the service
provider gives the operator a notice stating the approval has been
cancelled, the operator must give the driver of the vehicle a notice
stating the approval has been cancelled.
Maximum penalty—$6000.

Page 312 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 356]

(7) Nothing in this section prevents the Regulator from publishing

details of the cancellation by whatever means the Regulator
thinks appropriate.
Example—
The Regulator may publish the cancellation in the Commonwealth
Gazette or on a website.
(8) In this section—
holder, of an electronic recording system approval that has
been cancelled, means the person who, immediately before
the cancellation took effect, held the approval.

Division 8 Exemptions from work diary

requirements of Division 2

Subdivision 1 Exemption for emergency services

356 Emergency services exemption

(1) A person who is acting for an emergency service and who has
time-critical duties on the way to, or during, an emergency is
exempted in the course of carrying out the duties from
compliance with Division 2.
(2) A person who is acting for an emergency service and who is
returning from attending an emergency is exempted from
compliance with Division 2 if the person reasonably believes
the noncompliance does not present an unreasonable danger
to other road users.
(3) A person who is acting for an emergency service is exempted
from compliance with Division 2 under subsection (1) or (2)
only if, at the relevant time, the person complies with any
guidelines regarding the management of fatigue issued by or
on behalf of the emergency service or an authority responsible
for oversight of the emergency service.
(4) In this section—
Current as at 19 February 2024 Page 313
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 357]

emergency means an event, or an anticipated event, that—

(a) endangers, or may endanger, life, property or the
environment; or
(b) has disrupted, or may disrupt, communications, energy
supply, water supply or sewerage services; or
(c) is declared to be an emergency or disaster by—
(i) the Commonwealth or a State or Territory; or
(ii) a Commonwealth or State or Territory authority
responsible for managing responses to
emergencies or disasters.
Examples of an emergency—
fire, explosion or natural disaster
emergency service means an entity that has a statutory
responsibility to respond to an emergency and includes the
following—
(a) an ambulance service;
(b) a fire brigade, including a volunteer fire brigade;
(c) a police force or police service;
(d) a disaster or emergency organisation of the
Commonwealth or a State or Territory.

Subdivision 2 Exemptions by Commonwealth

Gazette notice

357 Regulator’s power to exempt particular drivers from work

diary requirements
(1) The Regulator may, by Commonwealth Gazette notice
complying with section 361, exempt, for a period of not more
than 3 years, drivers of fatigue-regulated heavy vehicles
carrying out a class of work from the requirement to comply
with Subdivisions 1 to 5 of Division 2 for the work.

Page 314 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 358]

(2) An exemption under subsection (1) is a work diary exemption

(notice).

358 Restriction on grant of work diary exemption (notice)

(1) The Regulator may grant a work diary exemption (notice)
only if the Regulator is satisfied—
(a) requiring the drivers to whom the exemption is to apply
to comply with Subdivisions 1 to 5 of Division 2 would
be an unreasonable restriction on operations conducted
by the drivers; and
(b) the class of work to which the exemption is to apply will
not pose—
(i) a significant risk to public safety; or
(ii) a significant risk of the drivers to whom the
exemption is to apply driving on a road while
impaired by fatigue.
(2) In deciding whether or not to grant a work diary exemption
(notice), the Regulator must have regard to the approved
guidelines for granting work diary exemptions.

359 Conditions of work diary exemption (notice)

A work diary exemption (notice) may be subject to any
conditions the Regulator considers appropriate, including, for
example—
(a) conditions about recording information about the work
to which the exemption applies; and
(b) a condition that the driver of a fatigue-regulated heavy
vehicle who is operating under the exemption must keep
in the driver’s possession a copy of—
(i) the Commonwealth Gazette notice for the
exemption; or

Current as at 19 February 2024 Page 315

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 360]

(ii) an information sheet about the exemption

published by the Regulator on the Regulator’s
website.

360 Period for which work diary exemption (notice) applies

A work diary exemption (notice)—
(a) takes effect—
(i) when the Commonwealth Gazette notice for the
exemption is published; or
(ii) if a later time is stated in the Commonwealth
Gazette notice, at the later time; and
(b) applies for the period stated in the Commonwealth
Gazette notice.

361 Requirements about Commonwealth Gazette notice

(1) A Commonwealth Gazette notice for a work diary exemption
(notice) must state the following—
(a) the class of work to which the exemption applies;
(b) that drivers of fatigue-regulated heavy vehicles who
carry out the class of work are exempt from the
requirement to comply with Subdivisions 1 to 5 of
Division 2 for the work;
(c) the conditions of the exemption;
(d) the period for which the exemption applies.
(2) The Regulator must publish a copy of the Commonwealth
Gazette notice on the Regulator’s website.

362 Amendment or cancellation of work diary exemption

(notice)
(1) It is a ground for amending or cancelling a work diary
exemption (notice) if, since the exemption was granted, there
has been a change in the circumstances that were relevant to
Page 316 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 362]

the Regulator’s decision to grant the exemption and, had the

changed circumstances existed when the exemption was
granted, the Regulator would not have granted the exemption,
or would have granted the exemption subject to conditions or
different conditions.
(2) If the Regulator considers a ground exists to amend or cancel
the work diary exemption (notice), the Regulator may amend
or cancel the exemption by complying with subsections (3) to
(5).
(3) The Regulator must publish a public notice—
(a) stating that the Regulator believes a ground exists to
amend or cancel the exemption; and
(b) outlining the facts and circumstances forming the basis
for the belief; and
(c) stating the action the Regulator is proposing to take
under this section (the proposed action); and
(d) inviting persons who will be affected by the proposed
action to make, within a stated time of at least 14 days
after the Commonwealth Gazette notice is published,
written representations about why the proposed action
should not be taken.
(4) If, after considering all written representations made under
subsection (3)(d), the Regulator still considers the
circumstances in which the Regulator may grant the work
diary exemption (notice) are no longer satisfied, the Regulator
may—
(a) if the proposed action was to amend the
exemption—amend the exemption in a way that is not
substantially different from the proposed action,
including, for example, by—
(i) amending the class of work to which the
exemption applies; or
(ii) amending the conditions of the exemption; or
(b) if the proposed action was to cancel the exemption—
Current as at 19 February 2024 Page 317
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 363]

(i) amend the exemption, including, for example, by

amending the exemption in a way mentioned in
paragraph (a)(i) or (ii); or
(ii) cancel the exemption.
(5) The Regulator must publish a public notice of the amendment
or cancellation.
(6) The amendment or cancellation takes effect—
(a) 28 days after the Commonwealth Gazette notice is
published under subsection (5); or
(b) if a later time is stated in the Commonwealth Gazette
notice, at the later time.

Subdivision 3 Exemptions by permit

363 Regulator’s power to exempt driver of fatigue-regulated

heavy vehicle from work diary requirement
(1) The Regulator may, by giving a person a permit as mentioned
in section 368, exempt, for a period of not more than 3 years,
a driver of a fatigue-regulated heavy vehicle from the
requirement to comply with Subdivisions 1 to 5 of Division 2.
(2) An exemption under subsection (1) is a work diary exemption
(permit).

364 Application for work diary exemption (permit)

(1) The driver of a fatigue-regulated heavy vehicle who is
working under standard hours may apply to the Regulator for
a work diary exemption (permit).
(2) The application must—
(a) be in the approved form; and
(b) state the following—
(i) the period for which the exemption is sought;

Page 318 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 365]

(ii) any conditions for the exemption sought by the

applicant; and
(c) nominate a person (the nominee) to make written work
records for the driver; and
(d) be accompanied by the nominee’s written agreement to
the nomination; and
(e) be accompanied by the prescribed fee for the
application.
(3) An employer of the driver of a fatigue-regulated heavy vehicle
may make an application under subsection (1) on behalf of the
driver.
(4) The Regulator may, by notice given to the applicant, require
the applicant to give the Regulator any additional information
the Regulator reasonably requires to decide the application.

365 Restriction on grant of work diary exemption (permit)

(1) The Regulator may grant a work diary exemption (permit)
only if the Regulator is satisfied—
(a) the driver can not make records in the driver’s work
diary because of the driver’s inadequate English
literacy; and
(b) the nominee for the driver will be able to make records
that are no less complete or accurate than records made
under Subdivisions 1 to 5 of Division 2; and
(c) the driver works only under standard hours.
(2) In deciding whether or not to grant a work diary exemption
(permit), the Regulator must have regard to the approved
guidelines for granting work diary exemptions.
(3) In this section—
nominee, for the driver of a fatigue-regulated heavy vehicle,
means the person nominated, in the application for the work
diary exemption (permit), by the driver to make written work
records for the driver.
Current as at 19 February 2024 Page 319
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 366]

366 Conditions of work diary exemption (permit)

(1) A work diary exemption (permit) is subject to the condition
that the driver to whom the exemption applies must carry out
all work as a driver of fatigue-regulated heavy vehicles under
standard hours only.
(2) A work diary exemption (permit) may be subject to any other
conditions the Regulator considers appropriate, including, for
example, conditions about—
(a) the information to be included in records about the work
carried out by the driver of a fatigue-regulated heavy
vehicle to whom the exemption applies; and
(b) how the records are to be made.

367 Period for which work diary exemption (permit) applies

(1) A work diary exemption (permit) applies for the period stated
in the permit for the exemption.
(2) The period may be less than the period sought by the applicant
for the work diary exemption (permit).

368 Permit for work diary exemption (permit) etc.

(1) If the Regulator grants a work diary exemption (permit) to a
person, the Regulator must give the person—
(a) a permit for the exemption; and
(b) if the Regulator has imposed conditions on the
exemption under section 366 or has granted the
exemption for a period less than the period of not more
than 3 years sought by the person—an information
notice for the decision to impose the conditions or grant
the exemption for the shorter period.
(2) A permit for a work diary exemption (permit) must state the
following—
(a) the name of the driver of a fatigue-regulated heavy
vehicle to whom the permit is given;
Page 320 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 369]

(b) the name of the nominee for the driver;

(c) the conditions of the exemption;
(d) the period for which the exemption applies.
(3) In this section—
nominee, for the driver of a fatigue-regulated heavy vehicle,
means the person nominated, in the application for the work
diary exemption (permit), by the driver to make written work
records for the driver.

369 Refusal of application for work diary exemption (permit)

If the Regulator refuses an application for a work diary
exemption (permit), the Regulator must give the applicant an
information notice for the decision to refuse the application.

370 Amendment or cancellation of work diary exemption

(permit) on application by permit holder
(1) The holder of a permit for a work diary exemption (permit)
may apply to the Regulator for an amendment or cancellation
of the exemption.
(2) The application must—
(a) be in the approved form; and
(b) be accompanied by the prescribed fee for the
application; and
(c) if the application is for an amendment—state clearly the
amendment sought and the reasons for the amendment;
and
(d) if the application is for an amendment of the person
nominated by the holder to make written work records
for the holder—be accompanied by the nominee’s
written agreement to the nomination; and
(e) be accompanied by the permit.

Current as at 19 February 2024 Page 321

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 371]

(3) The Regulator may, by notice given to the applicant, require

the applicant to give the Regulator any additional information
the Regulator reasonably requires to decide the application.
(4) The Regulator must decide the application as soon as
practicable after receiving it.
(5) If the Regulator decides to grant the application—
(a) the Regulator must give the applicant notice of the
decision; and
(b) the amendment or cancellation takes effect—
(i) when notice of the decision is given to the
applicant; or
(ii) if a later time is stated in the notice, at the later
time; and
(c) if the Regulator amends the exemption, the Regulator
must give the applicant a replacement permit for the
exemption as amended.
(6) If the Regulator decides not to amend or cancel the work diary
exemption (permit), as sought by the applicant, the Regulator
must—
(a) give the applicant an information notice for the decision;
and
(b) return the permit for the exemption to the applicant.

371 Amendment or cancellation of work diary exemption

(permit) on Regulator’s initiative
(1) Each of the following is a ground for amending or cancelling
a work diary exemption (permit)—
(a) the exemption was granted because of a document or
representation that was—
(i) false or misleading; or
(ii) obtained or made in an improper way;

Page 322 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 371]

(b) the person to whom the exemption is granted has

contravened this Law or a corresponding fatigue law;
(c) the nominee has contravened a condition of the
exemption;
(d) since the exemption was granted, there has been a
change in the circumstances that were relevant to the
Regulator’s decision to grant the exemption and, had the
changed circumstances existed when the exemption was
granted, the Regulator would not have granted the
exemption, or would have granted the exemption subject
to conditions or different conditions.
(2) If the Regulator considers a ground exists to amend or cancel
a work diary exemption (permit) (the proposed action), the
Regulator must give the holder of the permit for the
exemption a notice—
(a) stating the proposed action; and
(b) stating the ground for the proposed action; and
(c) outlining the facts and circumstances forming the basis
for the ground; and
(d) if the proposed action is to amend the exemption
(including a condition of the exemption)—stating the
proposed amendment; and
(e) inviting the holder to make, within a stated time of at
least 14 days after the notice is given to the holder,
written representations about why the proposed action
should not be taken.
(3) If, after considering all written representations made under
subsection (2)(e), the Regulator still considers a ground exists
to take the proposed action, the Regulator may—
(a) if the proposed action was to amend the
exemption—amend the exemption, including, for
example, by imposing additional conditions on the
exemption, in a way that is not substantially different
from the proposed action; or
(b) if the proposed action was to cancel the exemption—
Current as at 19 February 2024 Page 323
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 372]

(i) amend the exemption, including, for example, by

imposing additional conditions on the exemption;
or
(ii) cancel the exemption.
(4) The Regulator must give the holder an information notice for
the decision.
(5) The amendment or cancellation takes effect—
(a) when the information notice is given to the holder; or
(b) if a later time is stated in the information notice, at the
later time.
(6) In this section—
nominee, for the person to whom a work diary exemption
(permit) is granted, means the person stated in the permit for
the exemption as the person nominated by the person to make
written work records for the person.

372 Minor amendment of work diary exemption (permit)

The Regulator may, by notice given to the holder of a permit
for a work diary exemption (permit), amend the exemption in
a minor respect—
(a) for a formal or clerical reason; or
(b) in another way that does not adversely affect the
holder’s interests.

373 Return of permit

(1) If a person’s work diary exemption (permit) is amended or
cancelled under this Subdivision, the Regulator may, by notice
given to the person, require the person to return the person’s
permit for the exemption to the Regulator.
(2) The person must comply with the notice within 7 days after
the notice is given to the person or, if a longer period is stated
in the notice, within the longer period.

Page 324 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 374]

Maximum penalty—$6000.
(3) If the exemption has been amended, the Regulator must give
the person a replacement permit for the exemption as
amended.

374 Replacement of defaced etc. permit

(1) If a person’s permit for a work diary exemption (permit) is
defaced, destroyed, lost or stolen, the person must, as soon as
reasonably practicable after becoming aware of the matter,
apply to the Regulator for a replacement permit.
Maximum penalty—$4000.
(2) If the Regulator is satisfied the permit has been defaced,
destroyed, lost or stolen, the Regulator must give the person a
replacement permit as soon as practicable.
(3) If the Regulator decides not to give a replacement permit to
the person, the Regulator must give the person an information
notice for the decision.

Subdivision 4 Operating under work diary

exemption

375 Contravening condition of work diary exemption

A person must not contravene a condition of a work diary
exemption.
Maximum penalty—$6000.

376 Keeping relevant document while operating under work

diary exemption (notice)
(1) This section applies if a work diary exemption (notice) is
subject to the condition that the driver of a fatigue-regulated
heavy vehicle who is operating under the exemption must
keep a relevant document in the driver’s possession.

Current as at 19 February 2024 Page 325

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 377]

(2) A driver of the fatigue-regulated heavy vehicle who is

operating under the work diary exemption (notice) must
comply with the condition.
Maximum penalty—$3000.
(3) Each relevant party for a driver mentioned in subsection (2)
must ensure the driver complies with subsection (2), unless
the relevant party has a reasonable excuse.
Maximum penalty—$3000.
(7) In this section—
relevant document, for a work diary exemption (notice),
means a copy of—
(a) the Commonwealth Gazette notice for the exemption; or
(b) an information sheet about the exemption published by
the Regulator on the Regulator’s website.
relevant party, for the driver of a fatigue-regulated heavy
vehicle, means—
(a) an employer of the driver if the driver is an employed
driver; or
(b) a prime contractor of the driver if the driver is a
self-employed driver; or
(c) an operator of the vehicle if the driver is making a
journey for the operator.

377 Keeping permit or copy while operating under work diary

exemption (permit)
The driver of a fatigue-regulated heavy vehicle who is
operating under a work diary exemption (permit) must keep
the permit or a copy of the permit in the driver’s possession.
Maximum penalty—$3000.

Page 326 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 378]

Division 8A Exemptions from fatigue record

keeping requirements of Division 3

Subdivision 1 Exemptions by Commonwealth

Gazette notice

378 Regulator’s power to exempt record keepers from fatigue

record keeping requirements
(1) The Regulator may, by Commonwealth Gazette notice
complying with section 381, exempt, for a period of not more
than 3 years, record keepers for drivers of fatigue-regulated
heavy vehicles carrying out a class of work from the
requirement to comply with all or stated provisions of
Division 3 for the work.
(2) An exemption under subsection (1) is a fatigue record
keeping exemption (notice).
(3) In deciding whether or not to grant a fatigue record keeping
exemption (notice), the Regulator must have regard to the
approved guidelines for granting fatigue record keeping
exemptions.

379 Conditions of fatigue record keeping exemption (notice)

A fatigue record keeping exemption (notice)—
(a) is subject to conditions prescribed by the national
regulations for the exemption; and
(b) may be subject to any other conditions the Regulator
considers appropriate, including, for example—
(i) conditions about recording information about the
work to which the exemption applies; and
(ii) a condition that a record keeper for the driver of a
fatigue-regulated heavy vehicle who is operating
under the exemption must keep in the record
keeper’s possession—
Current as at 19 February 2024 Page 327
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 380]

(A) a copy of the Commonwealth Gazette notice

for the exemption; or
(B) a stated document or stated kind of
document relating to the exemption.

380 Period for which fatigue record keeping exemption

(notice) applies
A fatigue record keeping exemption (notice)—
(a) takes effect—
(i) when the Commonwealth Gazette notice for the
exemption is published; or
(ii) if a later time is stated in the Commonwealth
Gazette notice, at the later time; and
(b) applies for the period stated in the Commonwealth
Gazette notice.

381 Requirements about Commonwealth Gazette notice

(1) A Commonwealth Gazette notice for a fatigue record keeping
exemption (notice) must state the following—
(a) the class of work to which the exemption applies;
(b) that record keepers for drivers of fatigue-regulated
heavy vehicles who carry out the class of work are
exempt from the requirement to comply with all or
stated provisions of Division 3 for the work;
(c) the conditions of the exemption;
(d) the period for which the exemption applies.
(2) The Regulator must publish a copy of the Commonwealth
Gazette notice on the Regulator’s website.

Page 328 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 382]

382 Amendment or cancellation of fatigue record keeping

exemption (notice)
(1) It is a ground for amending or cancelling a fatigue record
keeping exemption (notice) if, since the exemption was
granted, there has been a change in the circumstances that
were relevant to the Regulator’s decision to grant the
exemption and, had the changed circumstances existed when
the exemption was granted, the Regulator would not have
granted the exemption, or would have granted the exemption
subject to conditions or different conditions.
(2) If the Regulator considers a ground exists to amend or cancel
a fatigue record keeping exemption (notice), the Regulator
may amend or cancel the exemption by complying with
subsections (3) to (5).
(3) The Regulator must publish a public notice—
(a) stating that the Regulator believes a ground exists to
amend or cancel the exemption; and
(b) outlining the facts and circumstances forming the basis
for the belief; and
(c) stating the action the Regulator is proposing to take
under this section (the proposed action); and
(d) inviting persons who will be affected by the proposed
action to make, within a stated time of at least 14 days
after the Commonwealth Gazette notice is published,
written representations about why the proposed action
should not be taken.
(4) If, after considering all written representations made under
subsection (3)(d), the Regulator still considers the
circumstances in which the Regulator may grant the fatigue
record keeping exemption (notice) are no longer satisfied, the
Regulator may—
(a) if the proposed action was to amend the
exemption—amend the exemption in a way that is not
substantially different from the proposed action,
including, for example, by—
Current as at 19 February 2024 Page 329
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 383]

(i) amending the class of work to which the

exemption applies; or
(ii) amending the conditions of the exemption; or
(b) if the proposed action was to cancel the exemption—
(i) amend the exemption, including, for example, by
amending the exemption in a way mentioned in
paragraph (a)(i) or (ii); or
(ii) cancel the exemption.
(5) The Regulator must publish a public notice of the amendment
or cancellation.
(6) The amendment or cancellation takes effect—
(a) 28 days after the Commonwealth Gazette notice is
published under subsection (5); or
(b) if a later time is stated in the Commonwealth Gazette
notice, at the later time.

Subdivision 2 Exemptions by permit

383 Regulator’s power to exempt record keepers from fatigue

record keeping requirements
(1) The Regulator may, by giving a person a permit as mentioned
in section 387, exempt, for a period of not more than 3 years,
a record keeper for one or more drivers of a fatigue-regulated
heavy vehicle from the requirement to comply with all or
stated provisions of Division 3.
(2) An exemption under subsection (1) is a fatigue record
keeping exemption (permit).
(3) The Regulator may grant a fatigue record keeping exemption
(permit) to the operator of a fatigue-regulated heavy vehicle in
combination with the operator’s BFM accreditation or AFM
accreditation.
(4) The Regulator may grant a fatigue record keeping exemption
(permit)—
Page 330 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 384]

(a) in a way that does not cover all the drivers sought by the
applicant; or
(b) setting conditions different from those sought by the
applicant.

384 Application for fatigue record keeping exemption (permit)

(1) The record keeper for a driver of a fatigue-regulated heavy
vehicle may apply to the Regulator for a fatigue record
keeping exemption (permit).
(2) The application must—
(a) be in the approved form; and
(b) state the following—
(i) the period for which the exemption is sought;
(ii) any conditions for the exemption sought by the
applicant;
(iii) the name and details of each driver of a
fatigue-regulated heavy vehicle to whom the
exemption sought is to apply;
(iv) any other details prescribed by the national
regulations; and
(c) be accompanied by the prescribed fee for the
application.
(3) The Regulator may, by notice given to the applicant, require
the applicant to give the Regulator any additional information
the Regulator reasonably requires to decide the application.
(4) In deciding whether or not to grant a fatigue record keeping
exemption (permit), the Regulator must comply with any
requirements prescribed by the national regulations for the
purposes of this subsection and have regard to the approved
guidelines for granting fatigue record keeping exemptions.

Current as at 19 February 2024 Page 331

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 385]

385 Conditions of fatigue record keeping exemption (permit)

A fatigue record keeping exemption (permit)—
(a) is subject to conditions prescribed by the national
regulations for the exemption; and
(b) may be subject to any other conditions the Regulator
considers appropriate, including, for example—
(i) a condition about the information to be included in
records about the work carried out by drivers of
fatigue-regulated heavy vehicles to whom the
exemption applies; and
(ii) a condition about how the records are to be made;
and
(iii) a condition that a record keeper for the driver of a
fatigue-regulated heavy vehicle who is operating
under the exemption must keep in the record
keeper’s possession—
(A) the permit for the exemption; or
(B) a stated document or stated kind of
document relating to the exemption.

386 Period for which fatigue record keeping exemption

(permit) applies
(1) A fatigue record keeping exemption (permit) applies for the
period stated in the permit for the exemption.
(2) The period may be less than the period sought by the applicant
for the fatigue record keeping exemption (permit).

387 Permit for fatigue record keeping exemption (permit) etc.

(1) If the Regulator grants a fatigue record keeping exemption
(permit) to a person, the Regulator must give the person—
(a) a permit for the exemption; and

Page 332 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 388]

(b) if the Regulator has imposed conditions on the

exemption under section 385 or has granted the
exemption for a period less than the period of not more
than 3 years sought by the person—an information
notice for the decision to impose the conditions or grant
the exemption for the shorter period.
(2) A permit for a fatigue record keeping exemption (permit)
must state the following—
(a) the name of the drivers of fatigue-regulated heavy
vehicles to whom the permit applies;
(b) the conditions of the exemption;
(c) the period for which the exemption applies.

388 Refusal of application for fatigue record keeping

exemption (permit)
If the Regulator refuses an application for a fatigue record
keeping exemption (permit), the Regulator must give the
applicant an information notice for the decision to refuse the
application.

389 Amendment or cancellation of fatigue record keeping

exemption (permit) on application by permit holder
(1) The holder of a permit for a fatigue record keeping exemption
(permit) may apply to the Regulator for an amendment or
cancellation of the exemption.
(2) The application must—
(a) be in the approved form; and
(b) be accompanied by the prescribed fee for the
application; and
(c) if the application is for an amendment—state clearly the
amendment sought and the reasons for the amendment;
and
(d) be accompanied by the permit.
Current as at 19 February 2024 Page 333
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 390]

(3) The Regulator may, by notice given to the applicant, require

the applicant to give the Regulator any additional information
the Regulator reasonably requires to decide the application.
(4) The Regulator must decide the application as soon as
practicable after receiving it.
(5) If the Regulator decides to grant the application—
(a) the Regulator must give the applicant notice of the
decision; and
(b) the amendment or cancellation takes effect—
(i) when notice of the decision is given to the
applicant; or
(ii) if a later time is stated in the notice, at the later
time; and
(c) if the Regulator amended the exemption, the Regulator
must give the applicant a replacement permit for the
exemption as amended.
(6) If the Regulator decides not to amend or cancel the exemption
as sought by the applicant, the Regulator must—
(a) give the applicant an information notice for the decision;
and
(b) return the permit for the exemption to the applicant.

390 Amendment or cancellation of fatigue record keeping

exemption (permit) on Regulator’s initiative
(1) Each of the following is a ground for amending or cancelling
a fatigue record keeping exemption (permit)—
(a) the exemption was granted because of a document or
representation that was—
(i) false or misleading; or
(ii) obtained or made in an improper way;
(b) the holder of the permit for the exemption has
contravened this Law or a corresponding fatigue law;
Page 334 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 390]

(c) a driver of a fatigue-regulated heavy vehicle to whom

the exemption applies has contravened this Law or a
corresponding fatigue law;
(d) since the exemption was granted, there has been a
change in the circumstances that were relevant to the
Regulator’s decision to grant the exemption and, had the
changed circumstances existed when the exemption was
granted, the Regulator would not have granted the
exemption, or would have granted the exemption subject
to conditions or different conditions.
(2) If the Regulator considers a ground exists to amend or cancel
a fatigue record keeping exemption (permit) (the proposed
action), the Regulator must give the holder of the permit for
the exemption a notice—
(a) stating the proposed action; and
(b) stating the ground for the proposed action; and
(c) outlining the facts and circumstances forming the basis
for the ground; and
(d) if the proposed action is to amend the exemption
(including a condition of the exemption)—stating the
proposed amendment; and
(e) inviting the holder to make, within a stated time of at
least 14 days after the notice is given to the holder,
written representations about why the proposed action
should not be taken.
(3) If, after considering all written representations made under
subsection (2)(e), the Regulator still considers a ground exists
to take the proposed action, the Regulator may—
(a) if the proposed action was to amend the
exemption—amend the exemption, including, for
example, by imposing additional conditions on the
exemption, in a way that is not substantially different
from the proposed action; or
(b) if the proposed action was to cancel the exemption—
Current as at 19 February 2024 Page 335
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 391]

(i) amend the exemption, including, for example, by

imposing additional conditions on the exemption;
or
(ii) cancel the exemption.
(4) The Regulator must give the holder an information notice for
the decision.
(5) The amendment or cancellation takes effect—
(a) when the information notice is given to the holder; or
(b) if a later time is stated in the information notice, at the
later time.

391 Minor amendment of fatigue record keeping exemption

(permit)
The Regulator may, by notice given to the holder of a permit
for a fatigue record keeping exemption (permit), amend the
exemption in a minor respect—
(a) for a formal or clerical reason; or
(b) in another way that does not adversely affect the
holder’s interests.

392 Return of permit

(1) If a person’s fatigue record keeping exemption (permit) is
amended or cancelled, the Regulator may, by notice given to
the person, require the person to return the person’s permit for
the exemption to the Regulator.
(2) The person must comply with the notice within 7 days after
the notice is given to the person or, if a longer period is stated
in the notice, within the longer period.
Maximum penalty—$6000.
(3) If the exemption has been amended, the Regulator must give
the person a replacement permit for the exemption as
amended.

Page 336 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 393]

393 Replacement of defaced etc. permit

(1) If a person’s permit for a fatigue record keeping exemption
(permit) is defaced, destroyed, lost or stolen, the person must,
as soon as reasonably practicable after becoming aware of the
matter, apply to the Regulator for a replacement permit.
Maximum penalty—$4000.
(2) If the Regulator is satisfied the permit has been defaced,
destroyed, lost or stolen, the Regulator must give the person a
replacement permit as soon as practicable.
(3) If the Regulator decides not to give a replacement permit to
the person, the Regulator must give the person an information
notice for the decision.

Subdivision 3 Exemptions by national regulations

394 Exemptions from provisions of Division 3

(1) The national regulations may provide for the exemption of
record keepers for drivers of fatigue-regulated heavy vehicles
from the requirement to comply with all or stated provisions
of Division 3.
(2) Without limiting subsection (1), the national regulations may
prescribe matters about—
(a) one or more classes of record keepers for which an
exemption is to apply; and
(b) one or more classes of drivers of fatigue-regulated heavy
vehicles for which an exemption is to apply; and
(c) conditions to which an exemption is to be subject.

Current as at 19 February 2024 Page 337

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 395]

Subdivision 4 Other provisions

395 Contravening condition of fatigue record keeping

exemption
A person must not contravene a condition of a fatigue record
keeping exemption.
Maximum penalty—$6000.

Division 9 Requirements about odometers

396 Owner must maintain odometer

(1) The national regulations may require the fitting and
maintenance of an odometer to a fatigue-regulated heavy
vehicle.
(2) An owner of a fatigue-regulated heavy vehicle required by the
national regulations to be fitted with an odometer must
maintain the odometer in accordance with the requirements
prescribed by the national regulations, unless the owner has a
reasonable excuse.
Maximum penalty—$6000.

397 Driver must report malfunctioning odometer

(1) This section applies if the driver of a fatigue-regulated heavy
vehicle becomes aware or has reason to suspect an odometer
fitted to the vehicle is malfunctioning or has malfunctioned.
(2) The driver must inform the following persons of the matter
within 2 business days—
(a) each owner of the vehicle;
(b) the driver’s employer if the driver is an employed driver;
(c) each operator of the vehicle.
Maximum penalty—$3000.
Page 338 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 6 Vehicle operations—driver fatigue

[s 398]

(3) Subsection (2) does not apply to the driver of a

fatigue-regulated heavy vehicle in relation to a malfunction of
an odometer if another driver of the vehicle has complied with
the subsection in relation to the malfunction.

398 What owner must do if odometer malfunctioning

(1) This section applies if an owner of a fatigue-regulated heavy
vehicle is informed under section 397 of malfunctioning or
suspected malfunctioning of the vehicle’s odometer.
(2) The owner must, as soon as reasonably practicable after being
informed of the matter, ensure the odometer is examined and
brought into working order.
Maximum penalty—$6000.

399 What employer or operator must do if odometer

malfunctioning
(1) This section applies if an employer of the driver of a
fatigue-regulated heavy vehicle or an operator of a
fatigue-regulated heavy vehicle is informed under section 397
of malfunctioning or suspected malfunctioning of the
vehicle’s odometer.
(2) The employer or operator must not, without a reasonable
excuse, drive, or permit another person to drive, the
fatigue-regulated heavy vehicle unless the owner of the
vehicle has complied with section 398.
Maximum penalty—$6000.

Current as at 19 February 2024 Page 339

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 7 Intelligent Access Program

[s 400]

Chapter 7 Intelligent Access Program

Part 7.1 Preliminary

400 Main purposes of Ch 7

(1) The main purposes of this Chapter are—
(a) to ensure the integrity of systems used for compliance
with intelligent access program conditions; and
(b) to provide for appropriate collection, keeping and
handling of intelligent access program information.
(2) The purpose mentioned in subsection (1)(a) is achieved by—
(a) requiring particular entities to report relevant
contraventions for intelligent access program vehicles;
and
(b) requiring particular entities to report tampering or
suspected tampering with, or malfunctioning of,
approved intelligent transport systems; and
(c) prohibiting persons from tampering with approved
intelligent transport systems; and
(d) giving particular entities functions and powers to audit
the activities of intelligent access program service
providers.
(3) The purpose mentioned in subsection (1)(b) is achieved by—
(a) allowing entities to collect, hold, use and disclose
intelligent access program information for only limited
purposes and subject to restrictions; and
(b) requiring entities with monitoring or auditing functions
to ensure intelligent access program information
collected is accurate, complete and up to date; and
(c) requiring entities who collect intelligent access program
information to protect the information and destroy it
when it is no longer required by the entities; and
Page 340 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 7 Intelligent Access Program

[s 401]

(d) providing for persons about whom an entity holds

personal information to have access to the information
and have it corrected in appropriate circumstances.

401 What the Intelligent Access Program is

The Intelligent Access Program is a program to allow heavy
vehicles to have access, or improved access, to the road
network in return for monitoring, by an intelligent transport
system, of their compliance with stated access conditions.

402 Application of Ch 7
(1) This Chapter applies in relation to a heavy vehicle for which a
mass or dimension authority is in force with the following
conditions (intelligent access program conditions)—
(a) a condition about the areas or routes to which the
authority applies;
(b) conditions about the use of a heavy vehicle on a road
under the authority, including, for example, conditions
about one or more of the following—
(i) the maximum permissible mass of the vehicle, or
the vehicle together with its load, while it is being
used on the road under the authority;
(ii) the times when the vehicle may be used on the road
under the authority;
(iii) the maximum speed at which the vehicle may be
driven on the road under the authority;
(c) conditions that—
(i) a heavy vehicle’s compliance with the conditions
mentioned in paragraphs (a) and (b) is monitored
by an approved intelligent transport system used
by an intelligent access program service provider;
and
(ii) any noncompliance reports made by the system are
sent to the Regulator within a stated period.
Current as at 19 February 2024 Page 341
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 7 Intelligent Access Program

[s 403]

(2) This Chapter also applies in relation to a heavy vehicle for

which an HML authority is in force with the conditions (also
intelligent access program conditions) that—
(a) either or both of the following is monitored by an
approved intelligent transport system used by an
intelligent access program service provider—
(i) the roads on which the vehicle is used under the
higher mass limits;
(ii) the vehicle’s compliance with conditions about the
use of a heavy vehicle on a road under the higher
mass limits, including, for example, conditions
about one or more of the following—
(A) the times when the vehicle may be driven on
the road under the higher mass limits;
(B) the maximum speed at which the vehicle
may be driven on the road under the higher
mass limits; and
(b) any noncompliance reports made by the system are sent
to the Regulator within a stated period.

403 Definitions for Ch 7

In this Chapter—
approved intelligent transport system means an intelligent
transport system approved by TCA, for the purposes of the
Intelligent Access Program, for use by an intelligent access
program service provider to monitor the relevant monitoring
matters for an intelligent access program vehicle.
higher mass limits means the higher mass limits applying
under the mass requirements.
HML authority means a declaration made, or permit granted,
under the national regulations allowing a heavy vehicle to be
used on a road under the higher mass limits.
Intelligent Access Program has the meaning given in
section 401.
Page 342 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 7 Intelligent Access Program

[s 403]

intelligent access program agreement means an agreement

between the operator of a heavy vehicle and an intelligent
access program service provider under which the service
provider agrees to monitor, by using an approved intelligent
transport system, the relevant monitoring matters for the
vehicle.
intelligent access program audit means the process of doing
1 or more of the following—
(a) reviewing intelligent access program information held
by an intelligent access program service provider to
assess whether the information is accurate, complete
and up to date;
(b) reviewing the processes by which intelligent access
program information held by an intelligent access
program service provider is generated, recorded, stored,
displayed, analysed, transmitted and reported;
(c) examining how intelligent access program information
held by an intelligent access program service provider is
used and disclosed by the service provider;
(d) examining an approved intelligent transport system.
intelligent access program conditions has the meaning given
by section 402.
intelligent access program information means information
generated, recorded, stored, displayed, analysed, transmitted
or reported by an approved intelligent transport system for any
purpose relating to the Intelligent Access Program.
intelligent access program service provider means a person
certified by TCA as a service provider for monitoring, by
using an approved intelligent transport system, the relevant
monitoring matters for an intelligent access program vehicle.
intelligent access program vehicle means a heavy vehicle—
(a) for which a mass or dimension exemption is in force
with intelligent access program conditions (as referred
to in section 402(1)); or
Current as at 19 February 2024 Page 343
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 7 Intelligent Access Program

[s 403]

(b) for which an HML authority is in force with intelligent

access program conditions (as referred to in
section 402(2)).
law enforcement purposes means the purposes of
investigating or prosecuting an offence against an Australian
road law.
malfunction, in relation to an approved intelligent transport
system, means the system—
(a) ceases to work at all, or works only intermittently; or
(b) does not perform one or more functions required under
the Intelligent Access Program; or
(c) performs a function mentioned in paragraph (b)—
(i) only intermittently; or
(ii) in a way that the results of it doing so are
inaccurate or unreliable, including intermittently
inaccurate or unreliable.
noncompliance report means a report made by an approved
intelligent transport system that reports either or both of the
following—
(a) a relevant contravention for an intelligent access
program vehicle;
(b) apparent tampering with, or malfunctioning of, the
system.
personal information means personal information that is
intelligent access program information or otherwise collected
for the purposes of this Chapter.
Note—
See also definition personal information in section 5.
relevant contravention means—
(a) for an intelligent access program vehicle used under a
mass or dimension exemption—the vehicle’s
contravention of conditions mentioned in
section 402(1)(a) or (b) applying to the vehicle; or
Page 344 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 7 Intelligent Access Program

[s 404]

(b) for an intelligent access program vehicle used under the

higher mass limits—
(i) the vehicle’s use under the higher mass limits on a
road to which the higher mass limits do not apply;
or
(ii) the vehicle’s contravention of a condition about the
use of the vehicle on a road under the higher mass
limits.
relevant monitoring matters means—
(a) for a heavy vehicle used under a mass or dimension
exemption—the vehicle’s compliance with conditions
mentioned in section 402(1)(a) or (b) applying to the
vehicle; or
(b) for a heavy vehicle used under the higher mass
limits—the matters mentioned in section 402(2)(a)(i) or
(ii) for the vehicle.
tamper, with an approved intelligent transport system, means
engage in conduct that has the result that—
(a) the system is changed; or
(b) the system is installed or used in a way that is not in
accordance with the conditions of its approval by TCA;
or
(c) any operating software that the system uses internally is
changed.

Part 7.2 Duties and obligations of

operators of intelligent access
program vehicles

404 Offence to give false or misleading information to

intelligent access program service provider
(1) The operator of an intelligent access program vehicle commits
an offence if—
Current as at 19 February 2024 Page 345
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 7 Intelligent Access Program

[s 404]

(a) the operator gives information to an intelligent access

program service provider with whom the operator has
entered into an intelligent access program agreement for
the vehicle; and
(b) the information is relevant to the use of the vehicle; and
(c) the operator knows, or ought reasonably to know, the
information is false or misleading.
Maximum penalty—$10000.
Note—
See section 632 for the matters a court may consider when deciding
whether a person ought reasonably to have known something.
(2) Subsection (1) does not apply if the operator gives the
information in writing and, when giving the information—
(a) tells the intelligent access program service provider, to
the best of the operator’s ability, how it is false or
misleading; and
(b) if the operator has, or can reasonably obtain, the correct
information—gives the correct information in writing.
(3) Without limiting subsection (1)(b), information about the
intelligent access program conditions applying to an
intelligent access program vehicle is relevant to the use of the
vehicle.
(4) The operator of a heavy vehicle commits an offence if—
(a) the operator gives information to an intelligent access
program service provider; and
(b) the operator intends that the intelligent access program
service provider will enter into an intelligent access
program agreement with the operator in reliance on the
information; and
(c) the operator knows, or ought reasonably to know, the
information is false or misleading.
Maximum penalty—$10000.

Page 346 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 7 Intelligent Access Program

[s 405]

Note—
See section 632 for the matters a court may consider when deciding
whether a person ought reasonably to have known something.
(5) Subsection (4) does not apply if the operator gives the
information in writing and, when giving the information—
(a) tells the intelligent access program service provider, to
the best of the operator’s ability, how it is false or
misleading; and
(b) if the operator has, or can reasonably obtain, the correct
information—gives the correct information in writing.
(6) In a proceeding for an offence against subsection (1) or (4), it
is enough for a charge to state that the information given was
‘false or misleading’ to the operator’s knowledge, without
specifying whether it was false or whether it was misleading.

405 Advising vehicle driver of collection of information by

intelligent access program service provider
(1) The operator of an intelligent access program vehicle must,
unless the operator has a reasonable excuse, ensure the
vehicle’s driver is given the following information before the
vehicle begins a journey—
(a) that the vehicle will be monitored by an intelligent
access program service provider;
(b) that this Chapter provides for the collection of
information by the intelligent access program service
provider;
(c) the information that will be collected by the intelligent
access program service provider;
(d) the purposes for which the information will be
collected;
(e) the entities to whom the information collected may be
disclosed;
(f) that, under this Chapter, the driver has rights of access to
personal information or to have personal information
Current as at 19 February 2024 Page 347
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 7 Intelligent Access Program

[s 406]

changed to ensure it is accurate, complete and up to

date;
(g) how the rights mentioned in paragraph (f) can be
exercised;
(h) the name and address of the intelligent access program
service provider.
Maximum penalty—$6000.
(2) The operator of an intelligent access program vehicle is taken
to comply with subsection (1) if the operator—
(a) gives the intelligent access program vehicle’s driver a
notice stating the information mentioned in the
subsection, including, for example, by placing it in the
vehicle’s driving cabin in a clearly visible position; or
(b) includes the information mentioned in the subsection in
a written contract of employment between the operator
and the intelligent access program vehicle’s driver.
(3) The national regulations may prescribe—
(a) a form of notice that may be used under
subsection (2)(a); and
(b) for the purposes of subsection (2)(b), a standard form of
words that may be used as part of a written contract of
employment.

406 Reporting system malfunctions to Regulator

(1) If an operator of an intelligent access program vehicle
becomes aware that a part of an approved intelligent transport
system fitted to the vehicle is malfunctioning or has
malfunctioned, the operator must as soon as practicable report
the matter to the Regulator in person or by radio, telephone,
fax or email.
Maximum penalty—$6000.

Page 348 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 7 Intelligent Access Program

[s 407]

(2) The operator must keep, for at least 4 years, a written record
of a report of a malfunction under subsection (1), containing
the following particulars—
(a) the type of malfunction to which the report relates;
(b) the date and time the operator became aware of the
malfunction;
(c) the location of the vehicle when the operator became
aware of the malfunction;
(d) the date and time the report was made;
(e) the location of the vehicle when the report was made;
(f) the way, in person or by radio, telephone, fax or email,
that the report was made;
(g) the name of the operator or, if someone else made the
report on behalf of the operator, the name of the person
who made the report;
(h) the name of the individual to whom the report was
made.
Maximum penalty—$6000.

407 Advising driver of driver’s obligations about reporting

system malfunctions
(1) The operator of an intelligent access program vehicle, before
the vehicle begins a journey, must, unless the operator has a
reasonable excuse, ensure the vehicle’s driver is told—
(a) about the vehicle driver’s obligation under section 408;
and
(b) how the vehicle’s driver can make the reports required
by that obligation.
Maximum penalty—$6000.
(2) The operator of an intelligent access program vehicle is taken
to comply with subsection (1) if the operator—

Current as at 19 February 2024 Page 349

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 7 Intelligent Access Program

[s 408]

(a) gives the vehicle’s driver a notice stating the information

mentioned in the subsection, including, for example, by
placing it in the vehicle’s driving cabin in a clearly
visible position; or
(b) includes the information mentioned in the subsection in
a written contract of employment between the operator
and the vehicle’s driver.
(3) The national regulations may prescribe—
(a) a form of notice that may be used under
subsection (2)(a); and
(b) for the purposes of subsection (2)(b), a standard form of
words that may be used as part of a written contract of
employment.

Part 7.3 Obligations of drivers of

intelligent access program
vehicles

408 Reporting system malfunctions to operator

(1) If the driver of an intelligent access program vehicle becomes
aware that a part of an approved intelligent transport system
fitted to the vehicle is malfunctioning or has malfunctioned,
the driver must as soon as practicable report the malfunction
to the vehicle’s operator in person or by radio, telephone, fax
or email.
Maximum penalty—$6000.
(2) The driver must keep, for at least 4 years, a written record of a
report of a malfunction under subsection (1), containing the
following particulars—
(a) the type of malfunction to which the report relates;
(b) the date and time the driver became aware of the
malfunction;

Page 350 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 7 Intelligent Access Program

[s 409]

(c) the location of the vehicle when the driver became

aware of the malfunction;
(d) the date and time the report was made;
(e) the location of the vehicle when the report was made;
(f) the way, in person or by radio, telephone, fax or email,
that the report was made;
(g) the driver’s name;
(h) the name of the individual to whom the report was
made.
Maximum penalty—$6000.
(3) Subsection (1) does not apply to the driver of a heavy vehicle
in relation to a malfunction of a part of an approved intelligent
transport system if another driver of the vehicle has complied
with the subsection in relation to the malfunction.

Part 7.4 Powers, duties and obligations

of intelligent access program
service providers

409 Powers to collect and hold intelligent access program

information
An intelligent access program service provider may collect
and hold intelligent access program information for
monitoring the relevant monitoring matters for an intelligent
access program vehicle.

410 Collecting intelligent access program information

(1) An intelligent access program service provider must ensure,
so far as is reasonably practicable, the intelligent access
program information the service provider collects—
(a) is necessary for the purpose for which it is collected or a
directly related purpose; and
Current as at 19 February 2024 Page 351
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 7 Intelligent Access Program

[s 411]

(b) is not excessive for that purpose; and

(c) is accurate, complete and up to date.
Maximum penalty—$6000.
(2) An intelligent access program service provider must ensure,
so far as is reasonably practicable, the collection of intelligent
access program information by the service provider does not
intrude to an unreasonable extent on the personal privacy of
any individual to whom the information relates.
Maximum penalty—$6000.

411 Keeping records of intelligent access program

information collected
(1) An intelligent access program service provider must keep, in a
way complying with subsection (2), records of the intelligent
access program information collected by the service provider.
Maximum penalty—$6000.
(2) Records kept under subsection (1) must be organised in a way
that allows the records to be conveniently and properly
audited by an intelligent access program auditor.

412 Protecting intelligent access program information

An intelligent access program service provider must ensure,
so far as is reasonably practicable, intelligent access program
information collected by the service provider is protected
against unauthorised access, unauthorised use, misuse, loss,
modification or unauthorised disclosure.
Maximum penalty—$20000.

413 Making individuals aware of personal information held

(1) An intelligent access program service provider must prepare,
and make publicly available, a document setting out the
service provider’s policies on the management of personal
information held by the service provider.
Page 352 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 7 Intelligent Access Program

[s 414]

Examples of how a document is made publicly available—

• making a document available at the service provider’s office
• making a document available on the service provider’s website
Maximum penalty—$6000.
(2) If asked by an individual about whom an intelligent access
program service provider holds personal information, the
service provider must, within 28 days after receiving the
request, give the individual the following information if the
service provider can reasonably give the information—
(a) the kind of information the service provider holds about
the individual;
(b) the purpose for which the information is held;
(c) the way in which the service provider collects, holds,
uses and discloses the information;
(d) the entities to whom the information may be disclosed;
(e) that, under this Chapter, the individual has rights of
access to the information or to have the information
changed to ensure it is accurate, complete and up to
date;
(f) how the rights mentioned in paragraph (e) can be
exercised.
Maximum penalty—$6000.
(3) Subsection (2) does not require an intelligent access program
service provider to inform an individual that a report under
section 422 or 423 exists or has been made.

414 Giving individuals access to their personal information

(1) An intelligent access program service provider must, if asked
by an individual about whom the service provider holds
personal information, give the individual access to the
information as soon as practicable and without cost.
Maximum penalty—$6000.

Current as at 19 February 2024 Page 353

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 7 Intelligent Access Program

[s 415]

(2) Subsection (1) does not require an intelligent access program

service provider to give an individual access to a report made
under section 422 or 423 or information showing that a report
of that kind exists or has been made.

415 Correcting errors etc.

(1) This section applies if an individual about whom an intelligent
access program service provider holds personal information
asks the service provider to make a particular change to the
personal information.
(2) The intelligent access program service provider must make
the change if the service provider is satisfied the change is
appropriate to ensure the personal information is accurate,
complete and up to date.
Maximum penalty—$6000.
(3) If the intelligent access program service provider is not
satisfied as mentioned in subsection (2), the service provider
may refuse to comply with the request.
(4) If, under subsection (3), an intelligent access program service
provider refuses to comply with an individual’s request under
subsection (1), the service provider must—
(a) give the individual a notice stating—
(i) the service provider’s reasons for refusing; and
(ii) that the individual may ask the service provider to
attach to or include with the personal information
the individual’s request or a record of it; and
(b) if asked by the individual, attach to or include with the
personal information the request or a record of the
request.
Maximum penalty—$6000.

Page 354 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 7 Intelligent Access Program

[s 416]

416 General restriction on use and disclosure of intelligent

access program information
An intelligent access program service provider must not use
or disclose intelligent access program information other than
as required or authorised under this Law or another law.
Maximum penalty—$20000.

417 Giving intelligent access program auditor access to

records
An intelligent access program service provider must give an
intelligent access program auditor access to a record kept by
the service provider for the purposes of this Chapter.
Maximum penalty—$6000.

418 Powers to use and disclose intelligent access program

information
(1) An intelligent access program service provider may use
intelligent access program information for monitoring the
relevant monitoring matters for an intelligent access program
vehicle.
(2) An intelligent access program service provider may disclose
intelligent access program information to the Regulator for
compliance purposes.
(3) An intelligent access program service provider may disclose
intelligent access program information to—
(a) an authorised officer, other than a police officer, for law
enforcement purposes if so authorised by a warrant
issued under this Law; or
(b) an authorised officer who is a police officer, for law
enforcement purposes if so authorised by a warrant
issued under this Law or another law.
(4) If an intelligent access program service provider discloses
intelligent access program information to an authorised officer

Current as at 19 February 2024 Page 355

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 7 Intelligent Access Program

[s 418]

or a police officer under this section, the officer must not use
the information, or disclose it to any other person, unless—
(a) the officer believes the use or disclosure is reasonably
necessary for law enforcement purposes; or
(b) the use or disclosure is otherwise authorised under this
Law or any other law.
(5) An intelligent access program service provider may disclose
intelligent access program information about an operator of an
intelligent access program vehicle to the operator.
(6) Subsection (5) does not apply to the following—
(a) a noncompliance report about an intelligent access
program vehicle operated by the operator;
(b) information that a noncompliance report has been made
about an intelligent access program vehicle operated by
the operator;
(c) information disclosed under the authority of a warrant as
referred to in subsection (3).
(7) An intelligent access program service provider may, with the
written consent of an operator of an intelligent access program
vehicle, disclose intelligent access program information about
the operator to a person other than the operator for any
purpose if the information—
(a) does not identify any individual other than the operator;
and
(b) contains nothing by which the identity of any individual,
other than the operator, can reasonably be found out.
(8) An intelligent access program service provider may use or
disclose intelligent access program information that is
personal information with the written consent of the
individual to whom the personal information relates.
(9) This section is subject to section 424.

Page 356 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 7 Intelligent Access Program

[s 419]

419 Keeping record of use or disclosure of intelligent access

program information
(1) If an intelligent access program service provider uses or
discloses intelligent access program information, the service
provider must, within 7 days after the use or disclosure, make
a record of the use or disclosure that—
(a) contains the information mentioned in subsection (2);
and
(b) is in a form that ensures the record is readily accessible
by an intelligent access program auditor at the place
where it is kept.
Maximum penalty—$6000.
(2) The record must contain the following information—
(a) the intelligent access program service provider’s name
or, if someone else used or disclosed the intelligent
access program information on behalf of the service
provider, the name of the person who used or disclosed
the intelligent access program information;
(b) the date of the use or disclosure;
(c) for a use of intelligent access program information by or
on behalf of the intelligent access program service
provider, a brief description of how the information was
used;
(d) for a disclosure of intelligent access program
information by or on behalf of the intelligent access
program service provider, the entity to whom the
information was disclosed;
(e) the provision of this Law or another law the intelligent
access program service provider believes authorises the
use or disclosure;
(f) if the use or disclosure is authorised only under a
particular document (including, for example, a warrant,
a certificate or a consent), a copy of the document.

Current as at 19 February 2024 Page 357

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 7 Intelligent Access Program

[s 420]

(3) An intelligent access program service provider must keep a

record made under this section for at least 2 years.
Maximum penalty—$6000.

420 Keeping noncompliance report etc.

(1) This section applies if a noncompliance report is made by an
approved intelligent transport system operated by an
intelligent access program service provider.
(2) The intelligent access program service provider must keep the
following for at least 4 years after the noncompliance report is
made—
(a) a copy of the report;
(b) the information relied on to make the report.
Example of information that could be relied on to make a noncompliance
report—
GPS information about a vehicle’s position at a particular time
Maximum penalty—$6000.

421 Destroying intelligent access program information etc.

(1) An intelligent access program service provider must ensure,
so far as is reasonably practicable—
(a) intelligent access program information collected by the
service provider is destroyed 1 year after the
information is collected; and
(b) a record that the service provider is required to keep
under section 419 is destroyed within 1 year after the
service provider is no longer required to keep the record
under that section.
Maximum penalty—$6000.
(2) This section does not apply to a noncompliance report or
information the intelligent access program service provider is
required to keep under section 420.

Page 358 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 7 Intelligent Access Program

[s 422]

422 Reporting relevant contraventions to Regulator

(1) This section applies if an intelligent access program service
provider knows of a relevant contravention for an intelligent
access program vehicle.
(2) The intelligent access program service provider must, within 7
days, give the Regulator a report about the relevant
contravention in the approved form.
Maximum penalty—$6000.
(3) For the purposes of subsection (1), an intelligent access
program service provider is taken to know of a relevant
contravention for an intelligent access program vehicle if the
service provider’s approved intelligent transport system has
detected the contravention.

423 Reporting tampering or suspected tampering with

approved intelligent transport system
(1) If an intelligent access program service provider knows, or
has reasonable grounds to suspect, an approved intelligent
transport system has been tampered with, the service provider
must report the matter to the Regulator—
(a) within 7 days; and
(b) in the approved form.
Maximum penalty—$6000.
(2) If an intelligent access program service provider knows, or
has reasonable grounds to suspect, a back-office intelligent
transport system has been tampered with, the service provider
must report the matter to TCA—
(a) within 7 days; and
(b) in the approved form.
Maximum penalty—$6000.
(3) For the purposes of subsections (1) and (2), an intelligent
access program service provider does not know, or have
reasonable grounds to suspect, an approved intelligent
Current as at 19 February 2024 Page 359
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 7 Intelligent Access Program

[s 424]

transport system or back-office intelligent transport system

has been tampered with merely because the service provider
has—
(a) accessed a report made by the system (including a
noncompliance report) indicating that apparent
tampering with the system has been detected
electronically; or
(b) analysed information generated by the system.
(4) In this section—
back-office intelligent transport system means that part of an
approved intelligent transport system that is not fitted, and is
not intended to be fitted, to an intelligent access program
vehicle.

424 Restriction on disclosing information about tampering or

suspected tampering with approved intelligent transport
system
(1) If an intelligent access program service provider knows, or
has reasonable grounds to suspect, an approved intelligent
transport system has been tampered with, the service provider
must not disclose to any entity (other than the Regulator and
TCA) the following—
(a) information that the service provider has that knowledge
or suspicion;
(b) information from which it could reasonably be inferred
that the service provider has that knowledge or
suspicion.
Maximum penalty—$6000.
(2) For the purposes of subsection (1), an intelligent access
program service provider does not know, or have reasonable
grounds to suspect, an approved intelligent transport system
has been tampered with merely because the service provider
has—
(a) accessed a report made by the system (including a
noncompliance report) indicating that apparent
Page 360 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 7 Intelligent Access Program

[s 425]

tampering with the system has been detected

electronically; or
(b) analysed information generated by the system.
(3) If an intelligent access program service provider has made a
report to the Regulator under section 423(1) of apparent or
suspected tampering, the service provider must not disclose to
any entity (other than the Regulator) the following—
(a) information that the report has been made;
(b) information from which it could reasonably be inferred
that the service provider has made the report.
Maximum penalty—$6000.
(4) If an intelligent access program service provider has made a
report to TCA under section 423(2) of apparent or suspected
tampering, the service provider must not disclose to any entity
(other than the Regulator and TCA) the following—
(a) information that the report has been made;
(b) information from which it could reasonably be inferred
that the service provider has made the report.
Maximum penalty—$6000.
(5) Subsection (1), (3) or (4) does not apply if the disclosure of
the information to which the subsection applies is authorised
under another law.

Part 7.5 Functions, powers, duties and

obligations of TCA

425 Functions of TCA

(1) TCA has the following functions for the purposes of this
Chapter—
(a) approving, and cancelling the approval of, intelligent
transport systems for use by intelligent access program

Current as at 19 February 2024 Page 361

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 7 Intelligent Access Program

[s 426]

service providers to monitor the relevant monitoring

matters for an intelligent access program vehicle;
(b) managing the certification and audit regime for the
Intelligent Access Program;
(c) certifying and auditing, and cancelling the certification
of, intelligent access program service providers;
(d) engaging individuals, consultants and contractors to
assist TCA in the exercise of its auditing activities.
(2) An approval, certification or engagement under subsection (1)
may be given or made unconditionally or subject to stated
conditions imposed or varied from time to time.

426 Powers to collect and hold intelligent access program

information
TCA may collect and hold intelligent access program
information—
(a) for the exercise of its functions mentioned in
section 425; or
(b) for law enforcement purposes.

427 Collecting intelligent access program information

(1) TCA must ensure, so far as is reasonably practicable, the
intelligent access program information it collects—
(a) is necessary for the purpose for which it is collected or a
directly related purpose; and
(b) is not excessive for that purpose; and
(c) is accurate, complete and up to date.
Maximum penalty—$6000.
(2) TCA must ensure, so far as is reasonably practicable, the
collection of intelligent access program information by it does
not intrude to an unreasonable extent on the personal privacy
of any individual to whom the information relates.
Page 362 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 7 Intelligent Access Program

[s 428]

Maximum penalty—$6000.

428 Protecting intelligent access program information

collected
TCA must ensure, so far as is reasonably practicable,
intelligent access program information collected by TCA is
protected against unauthorised access, unauthorised use,
misuse, loss, modification or unauthorised disclosure.
Maximum penalty—$20000.

429 Making individuals aware of personal information held

(1) TCA must prepare, and make publicly available, a document
setting out its policies on the management of personal
information held by it.
Examples of how a document is made publicly available—
• making a document available at TCA’s office
• making a document available on TCA’s website
Maximum penalty—$6000.
(2) If asked by an individual about whom TCA holds personal
information, TCA must, within 28 days after receiving the
request, give the individual the following information if it can
reasonably give the information—
(a) the kind of information it holds about the individual;
(b) the purpose for which the information is held;
(c) the way in which it collects, holds, uses and discloses
the information;
(d) the entities to whom the information may be disclosed;
(e) that, under this Chapter, the individual has rights of
access to the information or to have the information
changed to ensure it is accurate, complete and up to
date;
(f) how the rights mentioned in paragraph (e) can be
exercised.
Current as at 19 February 2024 Page 363
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 7 Intelligent Access Program

[s 430]

Maximum penalty—$6000.
(3) Subsection (2) does not require TCA to inform an individual
that a report under section 422, 423, 438, 451 or 452 exists or
has been made.

430 Giving individuals access to their personal information

(1) TCA must, if asked by an individual about whom TCA holds
personal information, give the individual access to the
information as soon as practicable and without cost.
Maximum penalty—$6000.
(2) Subsection (1) does not require TCA to give an individual
access to a report made under section 422, 423, 438, 451 or
452 or information showing that a report of that kind exists or
has been made.

431 Correcting errors etc.

(1) This section applies if an individual about whom TCA holds
personal information asks TCA to make a particular change to
the personal information.
(2) TCA must make the change if it is satisfied the change is
appropriate to ensure the personal information is accurate,
complete and up to date.
Maximum penalty—$6000.
(3) If TCA is not satisfied as mentioned in subsection (2), it may
refuse to comply with the request.
(4) If TCA refuses, under subsection (3), to comply with an
individual’s request, it must give the individual a notice
stating—
(a) TCA’s reasons for refusing; and
(b) that the individual may ask TCA to attach to or include
with the personal information the individual’s request or
a record of it.

Page 364 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 7 Intelligent Access Program

[s 432]

(5) If an individual referred to in subsection (4) asks TCA to do

so, it must attach to or include with the personal information
the request or a record of the request.
Maximum penalty—$6000.

432 General restriction on use and disclosure of intelligent

access program information
TCA must not use or disclose intelligent access program
information other than as required or authorised under this
Law or another law.
Maximum penalty—$20000.

433 Powers to use and disclose intelligent access program

information
(1) TCA may use or disclose intelligent access program
information—
(a) for the exercise of its functions mentioned in
section 425; or
(b) for law enforcement purposes.
(2) TCA may disclose intelligent access program information to
the Regulator if it is satisfied the information is relevant to the
Regulator’s functions under this Law.
(3) TCA may disclose intelligent access program information to
an intelligent access program auditor if it is satisfied the
information is relevant to an intelligent access program audit
the auditor is conducting.
(4) TCA may disclose intelligent access program information
relating to a particular operator of an intelligent access
program vehicle to the operator.
(5) TCA may, with the written consent of an operator of an
intelligent access program vehicle, disclose intelligent access
program information about the operator to a person other than
the operator for any purpose if the information—
Current as at 19 February 2024 Page 365
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 7 Intelligent Access Program

[s 434]

(a) does not identify any individual other than the operator;
and
(b) contains nothing by which the identity of any individual,
other than the operator, can reasonably be found out.
(6) TCA may use or disclose intelligent access program
information for research purposes if the information contains
no personal information.
(7) TCA may use or disclose intelligent access program
information that is personal information with the written
consent of the individual to whom the personal information
relates.
(8) This section is subject to section 439.

434 Restriction about intelligent access program information

that may be used or disclosed
TCA must not use or disclose intelligent access program
information unless TCA is reasonably satisfied, having regard
to the purpose for which the information is to be used or
disclosed, the information is accurate, complete and up to
date.
Maximum penalty—$6000.

435 Keeping record of use or disclosure of intelligent access

program information
(1) If TCA uses or discloses intelligent access program
information, TCA must, within 7 days after the use or
disclosure, make a record of the use or disclosure that—
(a) contains the information mentioned in subsection (2);
and
(b) is in a form that ensures the record is readily accessible
by an authorised officer at the place where it is kept.
Maximum penalty—$6000.
(2) The record must contain the following information—
Page 366 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 7 Intelligent Access Program

[s 436]

(a) the name of the person who used or disclosed the

intelligent access program information on behalf of
TCA;
(b) the date of the use or disclosure;
(c) for a use of intelligent access program information by or
on behalf of TCA, a brief description of how the
information was used;
(d) for a disclosure of intelligent access program
information by or on behalf of TCA, the entity to whom
the information was disclosed;
(e) the provision of this Law or another law TCA believes
authorises the use or disclosure;
(f) if the use or disclosure is authorised only with a
particular document (including, for example, a warrant,
a certificate or a consent), a copy of the document.
(3) TCA must keep a record made under this section for at least 2
years.
Maximum penalty—$6000.

436 Keeping noncompliance reports

TCA must keep any noncompliance report received by it for at
least 4 years after its receipt.
Maximum penalty—$6000.

437 Destroying intelligent access program information or

removing personal information from it
(1) TCA must ensure, so far as is reasonably practicable,
intelligent access program information collected by TCA is
destroyed—
(a) generally—1 year after the information is collected; or
(b) if, at the end of that 1 year, the information is required
for law enforcement purposes—as soon as practicable

Current as at 19 February 2024 Page 367

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 7 Intelligent Access Program

[s 438]

after the information is no longer required for law

enforcement purposes.
Maximum penalty—$6000.
(2) TCA is taken to have complied with subsection (1) for
intelligent access program information if it permanently
removes anything by which an individual can be identified
from the information.
(3) This section does not apply to a noncompliance report TCA is
required to keep under section 436.

438 Reporting tampering or suspected tampering with, or

malfunction or suspected malfunction of, approved
intelligent transport system to Regulator
(1) If TCA knows, or has reasonable grounds to suspect, an
approved intelligent transport system has been tampered with
or has malfunctioned, TCA must report the matter to the
Regulator within 7 days.
Maximum penalty—$6000.
(2) For the purposes of subsection (1), TCA does not know, or
have reasonable grounds to suspect, an approved intelligent
transport system has been tampered with or has malfunctioned
merely because it has—
(a) accessed a report made by the system (including a
noncompliance report) indicating that apparent
tampering with, or malfunctioning of, the system has
been detected electronically; or
(b) analysed information generated by the system.

439 Restriction on disclosing information about tampering or

suspected tampering with approved intelligent transport
system
(1) If TCA knows, or has reasonable grounds to suspect, an
approved intelligent transport system has been tampered with,

Page 368 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 7 Intelligent Access Program

[s 439]

TCA must not disclose the following to any entity other than
the Regulator—
(a) information that TCA has that knowledge or suspicion;
(b) information from which it could reasonably be inferred
that TCA has that knowledge or suspicion.
Maximum penalty—$6000.
(2) For the purposes of subsection (1), TCA does not know or
have reasonable grounds to suspect an approved intelligent
transport system has been tampered with merely because it
has—
(a) accessed a report made by the system (including a
noncompliance report) indicating that apparent
tampering with the system has been detected
electronically; or
(b) analysed information generated by the system.
(3) If TCA has made a report of apparent or suspected tampering
to the Regulator under section 438, TCA must not disclose to
any entity other than the Regulator the following—
(a) information that the report has been made;
(b) information from which it could reasonably be inferred
that TCA has made the report.
Maximum penalty—$6000.
(4) Subsection (1) or (3) does not apply if the disclosure of the
information to which the subsection applies is authorised
under another law.

Current as at 19 February 2024 Page 369

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 7 Intelligent Access Program

[s 440]

Part 7.6 Powers, duties and obligations

of intelligent access program
auditors

440 Powers to collect and hold intelligent access program

information
An intelligent access program auditor may collect and hold
intelligent access program information for conducting an
intelligent access program audit.

441 Collecting intelligent access program information

(1) An intelligent access program auditor must ensure, so far as is
reasonably practicable, intelligent access program
information the auditor collects—
(a) is necessary for the purpose for which it is collected or a
directly related purpose; and
(b) is not excessive for that purpose; and
(c) is accurate, complete and up to date.
Maximum penalty—$6000.
(2) An intelligent access program auditor must ensure, so far as is
reasonably practicable, the collection of intelligent access
program information by the auditor does not intrude to an
unreasonable extent on the personal privacy of any individual
to whom the information relates.
Maximum penalty—$6000.

442 Protecting intelligent access program information

collected
An intelligent access program auditor must ensure, so far as is
reasonably practicable, intelligent access program
information collected by the auditor is protected against
unauthorised access, unauthorised use, misuse, loss,
modification or unauthorised disclosure.
Page 370 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 7 Intelligent Access Program

[s 443]

Maximum penalty—$20000.

443 Making individuals aware of personal information held

(1) If asked by an individual about whom an intelligent access
program auditor holds personal information, the auditor must,
within 28 days after receiving the request, give the individual
the following information if the auditor can reasonably give
the information—
(a) the kind of information the auditor holds about the
individual;
(b) the purpose for which the information is held;
(c) the entities to whom the information may be disclosed;
(d) that, under this Chapter, the individual has rights of
access to the information or to have the information
changed to ensure it is accurate, complete and up to
date;
(e) how the rights mentioned in paragraph (d) can be
exercised.
Maximum penalty—$6000.
(2) Subsection (1) does not require an intelligent access program
auditor to inform an individual that a report under section 422,
423, 438, 451 or 452 exists or has been made.

444 Giving individuals access to their personal information

(1) An intelligent access program auditor must, if asked by an
individual about whom the auditor holds personal
information, give the individual access to the information as
soon as practicable and without cost.
Maximum penalty—$6000.
(2) Subsection (1) does not require an intelligent access program
auditor to give an individual access to a report made under
section 422, 423, 438, 451 or 452.

Current as at 19 February 2024 Page 371

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 7 Intelligent Access Program

[s 445]

445 Correcting errors etc.

(1) This section applies if an individual about whom an intelligent
access program auditor holds personal information asks the
auditor to make a particular change to the personal
information.
(2) The intelligent access program auditor must make the change
if the auditor is satisfied the change is appropriate to ensure
the personal information is accurate, complete and up to date.
Maximum penalty—$6000.
(3) If the intelligent access program auditor is not satisfied as
mentioned in subsection (2), the auditor may refuse to comply
with the request.
(4) If, under subsection (3), an intelligent access program auditor
refuses to comply with an individual’s request, the auditor
must—
(a) give the individual a notice stating—
(i) the auditor’s reasons for refusing; and
(ii) that the individual may ask the auditor to attach to
or include with the personal information the
individual’s request or a record of it; and
(b) if asked by the individual, attach to or include with the
personal information the request or a record of the
request.
Maximum penalty—$6000.

446 General restriction on use and disclosure of intelligent

access program information
An intelligent access program auditor must not use or disclose
intelligent access program information other than as required
or authorised under this Law or another law.
Maximum penalty—$20000.

Page 372 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 7 Intelligent Access Program

[s 447]

447 Powers to use and disclose intelligent access program

information
(1) An intelligent access program auditor may use and disclose
intelligent access program information for—
(a) conducting an intelligent access program audit; or
(b) reporting, to TCA, any of the following—
(i) a relevant contravention for an intelligent access
program vehicle;
(ii) tampering or suspected tampering with an
approved intelligent transport system by an
operator of an intelligent access program vehicle;
(iii) tampering or suspected tampering with an
approved intelligent transport system by an
intelligent access program service provider;
(iv) a failure by an intelligent access program service
provider to comply with the service provider’s
obligations under this Chapter.
(2) An intelligent access program auditor may disclose intelligent
access program information to the Regulator if the auditor is
reasonably satisfied the information is relevant to the
Regulator’s functions under this Law.
(3) An intelligent access program auditor may disclose intelligent
access program information to TCA if the auditor is
reasonably satisfied the information is relevant to TCA’s
functions under this Chapter.
(4) An intelligent access program auditor may disclose intelligent
access program information relating to a particular operator of
an intelligent access program vehicle to the operator.
(5) An intelligent access program auditor may use and disclose
intelligent access program information that is personal
information with the written consent of the individual to
whom the personal information relates.
(6) This section is subject to section 453.

Current as at 19 February 2024 Page 373

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 7 Intelligent Access Program

[s 448]

448 Restriction about intelligent access program information

that may be used or disclosed
An intelligent access program auditor must not use or disclose
intelligent access program information unless the auditor is
reasonably satisfied, having regard to the purpose for which
the information is to be used or disclosed, the information is
accurate, complete and up to date.
Maximum penalty—$6000.

449 Keeping record of use or disclosure of intelligent access

program information
(1) If an intelligent access program auditor uses or discloses
intelligent access program information, the auditor must,
within 7 days after the use or disclosure, make a record of the
use or disclosure that—
(a) contains the information mentioned in subsection (2);
and
(b) is in a form that ensures the record is readily accessible
by an authorised officer at the place where it is kept.
Maximum penalty—$6000.
(2) The record must contain the following information—
(a) the intelligent access program auditor’s name or, if
someone else used or disclosed the intelligent access
program information on behalf of the auditor, the name
of the person who used or disclosed the intelligent
access program information;
(b) the date of the use or disclosure;
(c) for a use of intelligent access program information by or
on behalf of the auditor, a brief description of how the
information was used;
(d) for a disclosure of intelligent access program
information by or on behalf of the auditor, the entity to
whom the information was disclosed;

Page 374 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 7 Intelligent Access Program

[s 450]

(e) the provision of this Law or another law the auditor

believes authorises the use or disclosure;
(f) if the use or disclosure is authorised only under a
particular document (including, for example, a warrant,
a certificate or a consent), a copy of the document.
Maximum penalty—$6000.
(3) An intelligent access program auditor must keep a record
made under this section for at least 2 years.
Maximum penalty—$6000.

450 Destroying intelligent access program information or

removing personal information from it
(1) An intelligent access program auditor must ensure, so far as is
reasonably practicable, intelligent access program
information held by the auditor is destroyed as soon as
practicable after the information is no longer needed for an
intelligent access program audit conducted by the auditor.
Maximum penalty—$6000.
(2) An intelligent access program auditor is taken to have
complied with subsection (1) for intelligent access program
information if the auditor permanently removes anything by
which an individual can be identified from the information.

451 Reporting contraventions by intelligent access program

service providers to TCA
If an intelligent access program auditor knows, or has
reasonable grounds to suspect, an intelligent access program
service provider has contravened an obligation under this
Chapter, the auditor must, as soon as practicable, report the
matter to TCA.
Maximum penalty—$6000.

Current as at 19 February 2024 Page 375

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 7 Intelligent Access Program

[s 452]

452 Reporting tampering or suspected tampering with

approved intelligent transport system to Regulator or
TCA
If an intelligent access program auditor knows, or has
reasonable grounds to suspect, an approved intelligent
transport system has been tampered with, the auditor must, as
soon as practicable, report the matter—
(a) for tampering or suspected tampering by an operator of
an intelligent access program vehicle—to the Regulator;
or
(b) for tampering or suspected tampering by an intelligent
access program service provider—to TCA.
Maximum penalty—$6000.

453 Restriction on disclosing information about tampering or

suspected tampering with approved intelligent transport
system
(1) If an intelligent access program auditor knows, or has
reasonable grounds to suspect, an approved intelligent
transport system has been tampered with, the auditor must not
disclose the following to any entity other than the Regulator or
TCA—
(a) information that the auditor has that knowledge or
suspicion;
(b) information from which it could reasonably be inferred
that the auditor has that knowledge or suspicion.
Maximum penalty—$6000.
(2) If an intelligent access program auditor has made a report to
the Regulator or TCA under section 452 of apparent or
suspected tampering, the auditor must not disclose the
following to any entity other than the Regulator or TCA—
(a) information that the report has been made;
(b) information from which it could reasonably be inferred
that the auditor has made the report.
Page 376 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 7 Intelligent Access Program

[s 454]

Maximum penalty—$6000.
(3) Subsection (1) or (2) does not apply if the disclosure of the
information to which the subsection applies is authorised
under another law.

Part 7.7 Other provisions

454 Offence to tamper with approved intelligent transport

system
(1) A person commits an offence if—
(a) the person tampers with an approved intelligent
transport system; and
(b) the person does so with the intention of causing the
system to—
(i) fail to generate, record, store, display, analyse,
transmit or report intelligent access program
information; or
(ii) fail to generate, record, store, display, analyse,
transmit or report intelligent access program
information correctly.
Maximum penalty—$10000.
(2) A person commits an offence if—
(a) the person tampers with an approved intelligent
transport system; and
(b) the person is negligent or reckless as to whether, as a
result of the tampering, the system may—
(i) fail to generate, record, store, display, analyse,
transmit or report intelligent access program
information; or
(ii) fail to generate, record, store, display, analyse,
transmit or report intelligent access program
information correctly.
Current as at 19 February 2024 Page 377
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 8 Accreditation

[s 455]

Maximum penalty—$8000.
(3) In this section—
fail—
(a) means does not perform as intended in relation to
accuracy, timeliness, reliability, verifiability or any other
performance requirement or standard; and
(b) includes fail permanently, fail temporarily, fail on a
particular occasion and fail in particular circumstances.

455 Regulator may issue intelligent access program

identifiers
(1) The Regulator may issue a distinguishing number for an
intelligent access program vehicle that indicates the vehicle is
an intelligent access program vehicle (an intelligent access
program identifier).
(2) The intelligent access program identifier may consist of
numbers or letters or a combination of numbers and letters.
(3) If an intelligent access program identifier is, or becomes,
known to an entity that has the ability to associate it with a
particular individual, the entity must treat the identifier as
personal information for the purposes of this Chapter or a law
relating to privacy.

Chapter 8 Accreditation

Part 8.1 Preliminary

456 Purpose of Ch 8
The purpose of accreditation under this Law is to allow
operators of heavy vehicles who implement management
Page 378 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 8 Accreditation

[s 457]

systems that achieve the objectives of particular aspects of this

Law to be subject to alternative requirements under this Law,
in relation to the aspects, that are more suited to the operators’
business operations.

457 Definitions for Ch 8

In this Chapter—
AFM fatigue management system, for an operator of a
fatigue-regulated heavy vehicle, means the operator’s
management system for ensuring compliance with the AFM
standards and business rules, including by—
(a) recording the name, current driver licence number and
contact details of each driver who is currently operating
under the operator’s AFM accreditation; and
(b) ensuring each of the drivers is in a fit state—
(i) to safely perform required duties; and
(ii) to meet any specified medical requirements; and
(c) ensuring each of the drivers—
(i) has been inducted into the system; and
(ii) has been informed of the AFM hours applying
under the operator’s AFM accreditation; and
(d) ensuring anyone employed in the operator’s business,
who has responsibilities relating to scheduling or
managing the fatigue of the drivers—
(i) has been inducted into the system; and
(ii) has been informed of the AFM hours applying
under the operator’s AFM accreditation.
AFM standards and business rules means the standards and
business rules for advanced fatigue management approved by
the responsible Ministers.
Note—
A copy of the AFM standards and business rules is published on the
Regulator’s website.

Current as at 19 February 2024 Page 379

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 8 Accreditation

[s 457]

approved, by the responsible Ministers, means approved by

the responsible Ministers under section 654.
approved auditor means an auditor of a class approved by the
responsible Ministers.
Note—
Details of the approved classes are published on the Regulator’s
website.
BFM fatigue management system, for an operator of a
fatigue-regulated heavy vehicle, means the operator’s
management system for ensuring compliance with the BFM
standards and business rules, including by—
(a) recording the name, current driver licence number and
contact details of each driver who is currently operating
under the operator’s BFM accreditation; and
(b) ensuring each of the drivers is in a fit state—
(i) to safely perform required duties; and
(ii) to meet any specified medical requirements; and
(c) ensuring each of the drivers—
(i) has been inducted into the system; and
(ii) has been informed of the BFM hours; and
(d) ensuring anyone employed in the operator’s business,
who has responsibilities relating to scheduling or
managing the fatigue of the drivers—
(i) has been inducted into the system; and
(ii) has been informed of the BFM hours.
BFM standards and business rules means the standards and
business rules for basic fatigue management approved by the
responsible Ministers.
Note—
A copy of the BFM standards and business rules is published on the
Regulator’s website.
maintenance management standards and business rules
means the standards and business rules for heavy vehicle
Page 380 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 8 Accreditation

[s 457]

maintenance management approved by the responsible

Ministers.
Note—
A copy of the maintenance management standards and business rules is
published on the Regulator’s website.
maintenance management system, for an operator of a heavy
vehicle, means the operator’s management system for
ensuring compliance with the maintenance management
standards and business rules, including by—
(a) identifying each heavy vehicle currently being operated
in accordance with the management system; and
(b) for each heavy vehicle being operated in accordance
with the management system, having measures for the
following—
(i) daily checks of the condition of the vehicle, and its
components and equipment, for each day on which
the vehicle is driven on a road;
(ii) recording and reporting vehicle faults;
(iii) identifying, assessing and rectifying all identified
faults;
(iv) periodic maintenance of the vehicle; and
(c) keeping records relating to the operation of the
management system.
mass management standards and business rules means the
standards and business rules for heavy vehicle mass
management approved by the responsible Ministers.
Note—
A copy of the mass management standards and business rules is
published on the Regulator’s website.
mass management system, for an operator of a heavy vehicle,
means the operator’s management system for ensuring
compliance with the mass management standards and
business rules, including by—

Current as at 19 February 2024 Page 381

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 8 Accreditation

[s 457]

(a) identifying each heavy vehicle currently being operated

in accordance with the management system; and
(b) for each heavy vehicle being operated in accordance
with the management system, having measures for the
following—
(i) weighing or otherwise assessing the weight of the
vehicle and its load before the vehicle starts a
journey, or starts a part of a journey, after the load
is increased;
(ii) recording each measurement made under
subparagraph (i) in a form that allows the record to
be readily available for inspection by an approved
auditor;
(iii) ensuring the vehicle’s suspension system accords
with the specifications given by its manufacturer or
a qualified mechanical engineer; and
(c) keeping records relating to the operation of the
management system.
relevant management system means—
(a) for maintenance management accreditation—a
maintenance management system; or
(b) for mass management accreditation—a mass
management system; or
(c) for BFM accreditation—a BFM fatigue management
system; or
(d) for AFM accreditation—an AFM fatigue management
system.
relevant standards and business rules means—
(a) for maintenance management accreditation—the
maintenance management standards and business rules;
or
(b) for mass management accreditation—the mass
management standards and business rules; or
Page 382 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 8 Accreditation

[s 458]

(c) for BFM accreditation—the BFM standards and

business rules; or
(d) for AFM accreditation—the AFM standards and
business rules.

Part 8.2 Grant of heavy vehicle

accreditation

458 Regulator’s power to grant heavy vehicle accreditation

The Regulator may grant heavy vehicle accreditation.

459 Application for heavy vehicle accreditation

(1) An operator of a heavy vehicle may apply to the Regulator for
heavy vehicle accreditation under this Law.
(2) The application must be—
(a) in the approved form; and
(b) accompanied by the following—
(i) a statement by the applicant that the applicant has a
relevant management system for ensuring
compliance with the relevant standards and
business rules;
(ii) a statement from an approved auditor that the
auditor considers the applicant’s relevant
management system will ensure compliance with
the relevant standards and business rules;
(iii) any other information required for the application
under the relevant standards and business rules;
(iv) the prescribed fee for the application.
(3) The application must also be accompanied by a declaration by
the applicant, declared to be made after having exercised
reasonable diligence to find out the following information, of
the applicant’s knowledge of that information—
Current as at 19 February 2024 Page 383
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 8 Accreditation

[s 460]

(a) whether, in the 5 years immediately before the

application was made, the applicant or an associate of
the applicant has been convicted of any of the following
offences and, if so, details of the conviction—
(i) an offence against this Law or a previous
corresponding law;
(ii) an offence involving fraud or dishonesty
punishable on conviction by imprisonment of 6
months or more, whether committed in this
jurisdiction or elsewhere;
(b) whether the applicant or an associate of the applicant
has had the applicant’s or associate’s accreditation under
this Chapter or a previous corresponding law, amended,
suspended or cancelled under this Chapter or that law
and, if so, details of the amendment, suspension or
cancellation.
(4) Subsection (3)(b) does not require the applicant to declare
information about an amendment, suspension or cancellation
of an accreditation that happened because of a conviction if
the operator is not required to declare the information about
the conviction under subsection (3)(a).
(5) The Regulator may, by notice given to the applicant, require
the applicant—
(a) to give the Regulator any additional information the
Regulator reasonably requires to decide the application;
or
(b) to verify by statutory declaration any information
relating to the application given to the Regulator.

460 Obtaining criminal history information about applicant

(1) The Regulator may, by notice, ask an applicant for heavy
vehicle accreditation under this Law for written consent for
the Regulator to obtain the applicant’s prescribed criminal
history.

Page 384 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 8 Accreditation

[s 461]

(2) If the applicant does not consent, or withdraws his or her

consent, to the Regulator obtaining the applicant’s prescribed
criminal history, the application is taken to have been
withdrawn.
(3) If the applicant gives written consent to the Regulator
obtaining the applicant’s prescribed criminal history, the
Regulator may ask a police commissioner for a written report
about the applicant’s prescribed criminal history.
(4) The request may include the following—
(a) the applicant’s name and any other name the Regulator
believes the applicant may use or may have used;
(b) the applicant’s date and place of birth, gender and
address.
(5) The police commissioner must give the requested report to the
Regulator.
(6) In this section—
prescribed criminal history, of an applicant for heavy vehicle
accreditation under this Law, means information about each
conviction of the applicant, within the 5 years immediately
before the application was made, of—
(a) an offence against this Law or a previous corresponding
law; or
(b) an offence involving fraud or dishonesty punishable on
conviction by imprisonment of 6 months or more,
whether committed in this jurisdiction or elsewhere.

461 Restriction on grant of heavy vehicle accreditation

(1) The Regulator may grant an applicant heavy vehicle
accreditation only if the Regulator is satisfied—
(a) the applicant has in place a relevant management system
for operations to be carried out under the accreditation;
and

Current as at 19 February 2024 Page 385

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 8 Accreditation

[s 461]

(b) the applicant is able to comply with this Law, having

regard to—
(i) the information provided to the Regulator under
this Part; and
(ii) the matters to which the Regulator may or must
have regard under subsection (4); and
(c) the applicant is a suitable person to be granted the
accreditation, having regard to—
(i) the information provided to the Regulator under
this Part; and
(ii) the matters to which the Regulator may or must
have regard under subsection (4); and
(d) for AFM accreditation—
(i) the driver fatigue management practices stated in
the applicant’s AFM fatigue management system,
together with the maximum work times and
minimum rest times that are to apply to drivers
operating under the accreditation would, if
complied with, safely manage the risk of driver
fatigue; and
(ii) the applicant and drivers operating under the
accreditation are likely to follow the driver fatigue
management practices consistently and effectively;
and
(iii) the drivers operating under the accreditation are
likely to comply with the maximum work times
and minimum rest times that are to apply to the
drivers under the accreditation.
(2) In considering the maximum work times and minimum rest
times that are to apply to drivers operating under an AFM
accreditation, the Regulator—
(a) must be satisfied the maximum work times and
minimum rest times appear to provide a safe balance
between work, rest, risk management and fatigue
countermeasures; and
Page 386 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 8 Accreditation

[s 462]

(b) must not set maximum work times and minimum rest
times the Regulator considers would be unsafe, having
regard to the applicant’s AFM fatigue management
system and any relevant body of fatigue knowledge.
(3) The Regulator may grant an AFM accreditation setting
maximum work times and minimum rest times different to the
maximum work times and minimum rest times sought by the
applicant.
(4) In deciding an application for a heavy vehicle accreditation,
the Regulator—
(a) may have regard to anything the Regulator considers
relevant including—
(i) the results of any audits carried out on the
applicant’s relevant management system; and
(ii) for assessing an applicant’s AFM fatigue
management system—any relevant body of fatigue
knowledge; and
(b) must have regard to the approved guidelines for granting
heavy vehicle accreditations under this Law.

462 Conditions of heavy vehicle accreditation

(1) A heavy vehicle accreditation granted under this Law is
subject to the condition that the operator who holds the
accreditation must comply with the relevant standards and
business rules.
(2) A heavy vehicle accreditation granted under this Law may be
subject to any other conditions the Regulator considers
appropriate, including, for example—
(a) a condition that a named person can not operate under
the operator’s accreditation for a stated period; and
(b) a condition that a named employee or associate of the
operator can not be involved in the operator’s relevant
management system at all or for a stated period; and

Current as at 19 February 2024 Page 387

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 8 Accreditation

[s 463]

(c) a condition requiring additional records to be kept, and

audits to be performed, to ensure practices (for example,
driver fatigue management practices) applying under the
accreditation are followed consistently and effectively.

463 Period for which heavy vehicle accreditation applies

(1) A heavy vehicle accreditation granted under this Law applies
for the period stated in the accreditation certificate for the
accreditation.
(2) The period may be less than the period sought by the applicant
for the heavy vehicle accreditation.
(3) The maximum period for which the Regulator may grant
heavy vehicle accreditation is 3 years.

464 Accreditation certificate for heavy vehicle accreditation

etc.
(1) If the Regulator grants a heavy vehicle accreditation under
this Law to an operator of a heavy vehicle, the Regulator must
give the operator—
(a) an accreditation certificate in the approved form; and
(b) if prescribed circumstances apply to the grant of the
accreditation—an information notice for the prescribed
circumstances.
(2) An accreditation certificate for a heavy vehicle accreditation
must state the following—
(a) the name of the operator who has been granted the
accreditation;
(b) the number identifying the accreditation;
(c) any conditions imposed on the accreditation by the
Regulator;
(d) for an AFM accreditation, the maximum work times and
minimum rest times that apply to drivers of

Page 388 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 8 Accreditation

[s 465]

fatigue-regulated heavy vehicles operating under the

accreditation;
(e) the period for which the accreditation applies.
(3) In this section—
prescribed circumstances, for a heavy vehicle accreditation,
means the Regulator has—
(a) imposed a condition on the accreditation that was not
sought by the applicant for the accreditation; or
(b) granted the accreditation for a period less than the
period of not more than 3 years sought by the applicant
for the accreditation; or
(c) for AFM accreditation, granted the AFM accreditation
setting maximum work times and minimum rest times
different to the maximum work times and minimum rest
times sought by the applicant for the accreditation.

465 Refusal of application for heavy vehicle accreditation

If the Regulator refuses an application for heavy vehicle
accreditation, the Regulator must give the applicant an
information notice for the decision to refuse the application.

466 Accreditation labels for maintenance management

accreditation and mass management accreditation
(1) If the Regulator grants maintenance management
accreditation or mass management accreditation to an
operator of a heavy vehicle, the Regulator must give the
operator an accreditation label for each relevant vehicle for
the accreditation.
(2) If the operator amends the relevant management system to
identify a new relevant vehicle for the accreditation—
(a) the operator may ask the Regulator for an accreditation
label for the new relevant vehicle; and

Current as at 19 February 2024 Page 389

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 8 Accreditation

[s 467]

(b) the Regulator must give the accreditation label to the

operator.
(2A) The operator must attach the accreditation label for a relevant
vehicle to the vehicle in a way that the label—
(a) is readable from outside the vehicle; and
(b) is not wholly or partly obscured, defaced or otherwise
not legible.
Maximum penalty—$3000.
(2B) A person must not drive a relevant vehicle if the vehicle’s
accreditation label—
(a) is not attached to the vehicle; or
(b) is attached to the vehicle in a way that the label is
wholly or partly obscured, defaced or otherwise not
legible.
Maximum penalty—$3000.
(3) In this section—
accreditation label, for a relevant vehicle for a maintenance
management accreditation or mass management accreditation,
means a label stating the number identifying the accreditation
for attaching to the vehicle.
relevant vehicle, for a maintenance management accreditation
or mass management accreditation, means a vehicle identified
in the relevant management system as currently being
operated in accordance with the management system.

Part 8.3 Operating under heavy vehicle

accreditation

467 Compliance with conditions of BFM accreditation or AFM

accreditation
The holder of a BFM accreditation or AFM accreditation must
comply with the conditions of the accreditation.
Page 390 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 8 Accreditation

[s 468]

Maximum penalty—$6000.

468 Driver operating under BFM accreditation or AFM

accreditation must carry accreditation details
(1) The driver of a heavy vehicle who is operating under a BFM
accreditation or AFM accreditation must keep in the driver’s
possession—
(a) a copy of the accreditation certificate for the
accreditation; and
(b) a document, signed by the operator of the vehicle who
holds the accreditation, stating that the driver—
(i) is operating under the operator’s BFM
accreditation or AFM accreditation; and
(ii) has been inducted into the operator’s relevant
management system; and
(iii) meets the requirements relating to drivers
operating under the operator’s BFM accreditation
or AFM accreditation (if any); and
(c) for a driver operating under AFM accreditation, a
document stating the AFM hours applying under the
accreditation.
Example for the purposes of paragraph (c)—
The driver records a statement of the AFM hours applying under
the AFM accreditation in the driver’s electronic work diary
(which is a document).
Maximum penalty—$3000.
(2) Subsection (1) applies even if the driver and operator are the
same person.
(3) The operator of the vehicle must ensure the driver complies
with subsection (1), unless the operator has a reasonable
excuse.
Maximum penalty—$3000.

Current as at 19 February 2024 Page 391

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 8 Accreditation

[s 469]

469 Driver must return particular documents if stops

operating under BFM accreditation or AFM accreditation
etc.
(1) This section applies if—
(a) the driver of a heavy vehicle is operating under a BFM
accreditation or AFM accreditation; and
(b) the operator of the heavy vehicle has given the driver a
document for the purposes of section 468(1); and
(c) the driver—
(i) stops operating under the operator’s BFM
accreditation or AFM accreditation; or
(ii) no longer meets the requirements relating to
drivers operating under the operator’s BFM
accreditation or AFM accreditation (if any).
(2) The driver must return the document to the operator as soon as
reasonably practicable.
Maximum penalty—$4000.

470 General requirements applying to operator with heavy

vehicle accreditation
(1) This section applies to an operator of a heavy vehicle who
holds a heavy vehicle accreditation.
(2) If the accreditation is BFM accreditation or AFM
accreditation, the operator must ensure each driver who
operates under the accreditation—
(a) is inducted into the operator’s relevant management
system; and
(b) at all times, meets the requirements relating to drivers
operating under the accreditation (if any).
Maximum penalty—$6000.
(3) If the accreditation is AFM accreditation, the operator must
also ensure each driver who operates under the accreditation is
informed of the AFM hours applying under the accreditation.
Page 392 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 8 Accreditation

[s 470]

Maximum penalty—$6000.
(4) The operator must keep—
(a) the accreditation certificate for the operator’s heavy
vehicle accreditation; and
(b) if the operator’s heavy vehicle accreditation is BFM
accreditation or AFM accreditation—
(i) a current list of drivers operating under the
operator’s accreditation; and
(ii) records demonstrating the operator has complied
with—
(A) if the operator’s heavy vehicle accreditation
is BFM accreditation—subsection (2); or
(B) if the operator’s heavy vehicle accreditation
is AFM accreditation—subsections (2) and
(3); and
(c) if the operator’s heavy vehicle accreditation is mass
management accreditation or maintenance management
accreditation—a current list of heavy vehicles to which
the operator’s accreditation relates; and
Maximum penalty—$6000.
(5) The operator must keep a document required to be kept under
subsection (4) for the following period—
(a) for an accreditation certificate—while the operator’s
heavy vehicle accreditation is current;
(b) for each list or record made under subsection (4)(b) or
(c)—at least 3 years after the list or record is made.
Maximum penalty—$6000.
(6) The operator must keep a document required to be kept under
subsection (4) in a way that ensures it is—
(a) readily accessible by an authorised officer at the place
where the document is kept; and

Current as at 19 February 2024 Page 393

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 8 Accreditation

[s 471]

(b) reasonably capable of being understood by the

authorised officer; and
(c) capable of being used as evidence.
Maximum penalty—$3000.
(7) The Regulator may, by notice, require the operator to give the
Regulator, in the form and within the time required by the
Regulator—
(a) a copy of the list mentioned in subsection (4)(b)(i) or
(c); and
(b) details of any change to the list.
(8) The operator must comply with a requirement made under
subsection (7), unless the operator has a reasonable excuse.
Maximum penalty—$3000.
(9) Subsections (4) to (6) do not apply in relation to—
(a) an accreditation certificate given to the Regulator under
section 472 or 476, unless the Regulator has returned it
or given the operator a replacement accreditation
certificate; or
(b) an accreditation certificate that has been defaced,
destroyed, lost or stolen, unless the Regulator has given
the operator a replacement accreditation certificate.
Note—
See section 477 for the requirement to apply to the Regulator for a
replacement accreditation certificate for a defaced, destroyed, lost or
stolen accreditation certificate.

471 Operator must give notice of amendment, suspension or

ending of heavy vehicle accreditation
(1) This section applies if—
(a) an operator of a heavy vehicle holds a heavy vehicle
accreditation; and
(b) the accreditation is amended or suspended, or the
operator ceases to hold the accreditation.
Page 394 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 8 Accreditation

[s 472]

(2) The operator must as soon as practicable after the amendment,

suspension or cessation happens give notice of the
amendment, suspension or cessation to any driver of, or
scheduler for, a heavy vehicle who may be affected by the
amendment, suspension or cessation.
Maximum penalty—$6000.
(3) If the driver of a heavy vehicle is given a notice under
subsection (2), the driver must, as soon as reasonably
practicable, return to the operator any document relevant to
the notice given to the driver by the operator for the purposes
of section 468(1).
Maximum penalty—$4000.

Part 8.4 Amendment or cancellation of

heavy vehicle accreditation

472 Amendment or cancellation of heavy vehicle

accreditation on application
(1) A person may apply to the Regulator for an amendment or
cancellation of the person’s heavy vehicle accreditation
granted under this Law.
(2) The application must—
(a) be in writing; and
(b) be accompanied by the prescribed fee for the
application; and
(c) if the application is for an amendment—state clearly the
amendment sought and the reasons for the amendment;
and
(d) be accompanied by the accreditation certificate for the
accreditation.
(3) The Regulator may, by notice given to the applicant, require
the applicant to give the Regulator any additional information
the Regulator reasonably requires to decide the application.
Current as at 19 February 2024 Page 395
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 8 Accreditation

[s 473]

(4) The Regulator must decide the application as soon as

practicable after receiving it.
(5) If the Regulator decides to grant the application—
(a) the Regulator must give the applicant notice of the
decision; and
(b) the amendment or cancellation takes effect—
(i) when notice of the decision is given to the
applicant; or
(ii) if a later time is stated in the notice, at the later
time; and
(c) if the Regulator amended the accreditation, the
Regulator must give the applicant a replacement
accreditation certificate for the accreditation as
amended.
(6) If the Regulator decides not to amend or cancel the
accreditation as sought by the applicant, the Regulator must—
(a) give the applicant an information notice for the decision;
and
(b) return the accreditation certificate to the applicant.

473 Amendment, suspension or cancellation of heavy vehicle

accreditation on Regulator’s initiative
(1) Each of the following is a ground for amending, suspending or
cancelling a heavy vehicle accreditation granted under this
Law—
(a) the accreditation was granted because of a document or
representation that was—
(i) false or misleading; or
(ii) obtained or made in an improper way;
(b) the holder of the accreditation has contravened a
condition of the accreditation;

Page 396 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 8 Accreditation

[s 473]

(c) the holder of the accreditation, or an associate of the

holder, has been convicted of—
(i) an offence against this Law or a previous
corresponding law; or
(ii) an offence involving fraud or dishonesty
punishable on conviction by imprisonment of 6
months or more, whether committed in this
jurisdiction or elsewhere;
(d) since the accreditation was granted, there has been a
change in the circumstances that were relevant to the
Regulator’s decision to grant the accreditation and, had
the changed circumstances existed when the
accreditation was granted, the Regulator would not have
granted the accreditation, or would have granted the
accreditation subject to conditions or different
conditions;
(e) for a maintenance management accreditation or mass
management accreditation—
(i) public safety has been endangered, or is likely to
be endangered, because of the accreditation; or
(ii) road infrastructure has been damaged, or is likely
to be damaged, because of the accreditation;
(f) for a BFM accreditation or AFM accreditation—public
safety has been endangered, or is likely to be
endangered, because of the accreditation;
(g) the Regulator considers it necessary in the public
interest.
(2) If the Regulator considers a ground exists to amend, suspend
or cancel a heavy vehicle accreditation granted under this Law
(the proposed action), the Regulator must give the holder of
the accreditation a notice—
(a) stating the proposed action; and
(b) stating the ground for the proposed action; and

Current as at 19 February 2024 Page 397

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 8 Accreditation

[s 473]

(c) outlining the facts and circumstances forming the basis

for the ground; and
(d) if the proposed action is to amend the accreditation
(including a condition of the accreditation)—stating the
proposed amendment; and
(e) if the proposed action is to suspend the
accreditation—stating the proposed suspension period;
and
(f) inviting the holder to make, within a stated time of at
least 14 days after the notice is given to the holder,
written representations about why the proposed action
should not be taken.
(3) If, after considering all written representations made under
subsection (2)(f), the Regulator still considers a ground exists
to take the proposed action, the Regulator may—
(a) if the proposed action was to amend the
accreditation—amend the accreditation, including, for
example, by imposing additional conditions on the
accreditation, in a way that is not substantially different
from the proposed action; or
(b) if the proposed action was to suspend the
accreditation—suspend the accreditation for no longer
than the period stated in the notice; or
(c) if the proposed action was to cancel the accreditation—
(i) amend the accreditation, including, for example,
by imposing additional conditions on the
accreditation; or
(ii) suspend the accreditation for a period; or
(iii) cancel the accreditation.
(4) The Regulator must give the holder an information notice for
the decision.
(5) The decision takes effect—
(a) when the information notice is given to the holder; or
Page 398 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 8 Accreditation

[s 474]

(b) if a later time is stated in the information notice, at the

later time.

474 Immediate suspension of heavy vehicle accreditation

(1) This section applies if the Regulator considers—
(a) a ground exists to suspend or cancel a heavy vehicle
accreditation granted under this Law; and
(b) it is necessary to suspend the accreditation immediately
to prevent or minimise serious harm to public safety.
(2) The Regulator may, by notice given to the holder, immediately
suspend the heavy vehicle accreditation until the earliest of
the following—
(a) the Regulator gives the holder an information notice
under section 473(4) and the decision takes effect under
section 473(5);
(b) the Regulator cancels the suspension;
(c) the end of 56 days after the day the notice is given to the
holder.
(3) This section applies despite sections 472 and 473.

475 Minor amendment of heavy vehicle accreditation

The Regulator may, by notice given to the holder of a heavy
vehicle accreditation granted under this Law, amend the
accreditation in a minor respect—
(a) for a formal or clerical reason; or
(b) in another way that does not adversely affect the
holder’s interests.

Current as at 19 February 2024 Page 399

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 8 Accreditation

[s 476]

Part 8.5 Other provisions about heavy

vehicle accreditations

476 Return of accreditation certificate

(1) If a person’s heavy vehicle accreditation granted under this
Law is amended, suspended or cancelled, the Regulator may,
by notice, require the person to return the person’s
accreditation certificate to the Regulator.
(2) The person must comply with the notice within 7 days after
the notice is given to the person or, if a longer period is stated
in the notice, within the longer period.
Maximum penalty—$6000.
(3) If the heavy vehicle accreditation has been amended, the
Regulator must give the person a replacement accreditation
certificate for the accreditation as amended.
(4) If the heavy vehicle accreditation has been suspended, the
Regulator must give the person the accreditation certificate for
the accreditation or, if the accreditation has also been
amended, a replacement accreditation certificate for the
accreditation as amended, as soon as practicable after the
suspension ends.

477 Replacement of defaced etc. accreditation certificate

(1) If a person’s accreditation certificate for a heavy vehicle
accreditation granted under this Law is defaced, destroyed,
lost or stolen, the person must, as soon as reasonably
practicable after becoming aware of the matter, apply to the
Regulator for a replacement accreditation certificate.
Maximum penalty—$4000.
Note—
See section 470 for the requirement to keep an accreditation certificate
for a heavy vehicle accreditation while the accreditation is current.
(2) If the Regulator is satisfied the accreditation certificate has
been defaced, destroyed, lost or stolen, the Regulator must
Page 400 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 8 Accreditation

[s 478]

give the person a replacement accreditation certificate as soon

as practicable.
(3) If the Regulator decides not to give the person a replacement
accreditation certificate, the Regulator must give the person an
information notice for the decision.

478 Offences relating to auditors

(1) A person must not falsely represent that the person is an
approved auditor.
Maximum penalty—$10000.
(2) An approved auditor must not falsely represent that the person
is an auditor of a particular approved class.
Maximum penalty—$10000.
(3) An approved auditor must not falsely represent that the person
has audited an operator’s relevant management system.
Maximum penalty—$10000.
(4) A person must not falsely represent the opinion of an
approved auditor in relation to an operator’s relevant
management system.
Maximum penalty—$10000.
(5) In this section—
approved class means a class of auditors approved by the
responsible Ministers under section 654.

Current as at 19 February 2024 Page 401

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 479]

Chapter 9 Enforcement

Part 9.1 General matters about

authorised officers

Division 1 Functions

479 Functions of authorised officers

(1) An authorised officer has the following functions under this
Law—
(a) to monitor, investigate and enforce compliance with this
Law;
(b) to monitor or investigate whether an occasion has arisen
for the exercise of powers under this Law;
(c) to facilitate the exercise of powers under this Law.
(2) Also, an authorised officer who is not a police officer has the
function under this Law to provide advice, information and
education to persons with duties or obligations under this Law
about compliance with the duties or obligations.

Division 2 Appointment

480 Application of Div 2

This Division does not apply to an authorised officer who is a
police officer.

481 Appointment and qualifications

(1) The Regulator may, by instrument, appoint any of the
following individuals as an authorised officer for the purposes
of this Law—

Page 402 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 482]

(a) an individual who is—

(i) a member of the staff of the Regulator; or
(ii) a person whose services are being used under an
arrangement under section 685; or
(iii) a consultant or contractor engaged by the
Regulator under section 686;
(b) an employee of the State;
(c) an employee of a local government authority;
(d) an individual of a class prescribed by the national
regulations.
(2) However, the Regulator may appoint a person as an authorised
officer only if the Regulator is satisfied the person is qualified
for appointment because the person has the necessary
expertise or experience.

482 Appointment conditions and limit on powers

(1) An authorised officer holds office on any conditions stated
in—
(a) the officer’s instrument of appointment; or
(b) a notice signed by the Regulator given to the officer; or
(c) the national regulations.
(2) The instrument of appointment, a signed notice given to the
authorised officer, or the national regulations may limit the
officer’s powers.

483 When office ends

(1) The office of a person as an authorised officer ends if any of
the following happens—
(a) the term of office stated in a condition of office ends;
(b) under another condition of office, the office ends;
(c) the officer’s resignation under section 484 takes effect.
Current as at 19 February 2024 Page 403
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 484]

(2) Subsection (1) does not limit the ways an authorised officer
may cease to hold office.
(3) In this section—
condition of office means a condition under which the
authorised officer holds office.

484 Resignation
(1) An authorised officer may resign by signed notice given to the
Regulator.
(2) However, if holding office as an authorised officer is a
condition of the officer holding another office, the officer may
not resign as an authorised officer without resigning from the
other office.

Division 3 Identity cards

485 Application of Div 3

This Division does not apply to an authorised officer who is a
police officer.

486 Issue of identity card

(1) The Regulator must issue an identity card to each authorised
officer.
(2) The identity card must—
(a) contain a recent photo of the authorised officer; and
(b) contain a copy of the authorised officer’s signature; and
(c) identify the person as an authorised officer for the
purposes of this Law; and
(d) state the identification number allocated to the
authorised officer; and
(e) state an expiry date for the card.
Page 404 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 487]

(3) This section does not prevent the issue of a single identity
card to a person for the purposes of this Law and other
purposes.

487 Production or display of identity card

(1) In exercising a power in relation to a person in the person’s
presence, an authorised officer must—
(a) produce the officer’s identity card for the person’s
inspection before exercising the power; or
(b) have the identity card displayed so it is clearly visible to
the person when exercising the power.
(2) However, if it is not practicable to comply with subsection (1),
the authorised officer must produce the identity card for the
person’s inspection at the first reasonable opportunity.
(3) For the purposes of subsection (1), an authorised officer does
not exercise a power in relation to a person only because the
officer has entered a place as mentioned in section 495(1)(b)
or 497(1)(b) or (d).
Note—
Sections 505 and 510 include provisions requiring the production of
identification by an authorised officer in circumstances mentioned in
those sections.

488 Return of identity card

If the office of a person as an authorised officer ends, the
person must return the person’s identity card to the Regulator
within 21 days after the office ends unless the person has a
reasonable excuse.
Maximum penalty—$4000.

Current as at 19 February 2024 Page 405

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 489]

Division 4 Miscellaneous provisions

489 References to exercise of powers

If—
(a) a provision of this Chapter refers to the exercise of a
power by an authorised officer; and
(b) there is no reference to a specific power;
the reference is to the exercise of all or any authorised
officers’ powers under this Chapter or a warrant, to the extent
the powers are relevant.

490 Reference to document includes reference to

reproduction from electronic document
A reference in this Chapter to a document includes a reference
to an image or writing—
(a) produced from an electronic document; or
(b) not yet produced, but reasonably capable of being
produced from an electronic document, with or without
the aid of another article or device.
Note—
See the definition document in section 12 of Schedule 1.

491 Use of force against persons

(1) This Chapter does not authorise—
(a) an authorised officer (or a person assisting or otherwise
acting under the direction or authority of an authorised
officer) to use force against a person in the exercise or
purported exercise of a function under this Chapter; or
(b) without limiting paragraph (a), a warrant to be issued
under this Chapter authorising a person to use force
against a person.

Page 406 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 492]

(2) However, subsection (1) does not affect the powers of a police
officer to the extent (if any) the police officer is authorised to
use force against a person under the Application Act of this
jurisdiction.
(3) This section has effect despite any other provision of this
Chapter in relation to the use of force against a person, even if
the other provision is expressed as authorising the use of force
for the purposes of the provision.

492 Use of force against property

(1) A power to use force against property under another section of
this Chapter in the exercise or purported exercise of a function
in relation to this jurisdiction cannot be exercised by an
authorised officer (or a person assisting or otherwise acting
under the direction or authority of the authorised officer)
unless—
(a) the authorised officer is a police officer; or
(b) exercise of the power to use force is authorised under
the Application Act of this jurisdiction.
(2) Subsection (1)—
(a) has effect despite any other section of this Chapter in
relation to the use of force against property, even if the
other section is expressed as authorising the use of force
for the purposes of the section; but
(b) does not affect any prohibition or restriction on a power
to use force set out in the other section.
(3) Subsections (1) and (2) apply to a power to use force against
property whether the power is express or implied.
(4) Despite subsections (1) to (3) and any other section of this
Chapter, this Chapter does not preclude the inclusion of
additional circumstances in the Application Act of this
jurisdiction in which an authorised officer, whether or not a
police officer, may use force against property in the exercise
or purported exercise of a function under this Chapter in
relation to this jurisdiction.
Current as at 19 February 2024 Page 407
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 493]

493 Exercise of functions in relation to light vehicles

(1) This Chapter does not authorise the exercise of any function
under this Chapter in relation to a vehicle that is not a heavy
vehicle.
(2) However, a function under this Chapter may be exercised in
relation to—
(a) a pilot vehicle or escort vehicle; or
(b) a vehicle to the extent (if any) that it is reasonably
necessary for the purpose of determining if the vehicle is
or is not a heavy vehicle.

Part 9.2 Powers in relation to places

Division 1 Preliminary

494 Definitions for Pt 9.2

(1) In this Part—
place of business, of a responsible person for a heavy vehicle,
means a place—
(a) at or from which the person carries on a business; or
(b) occupied by the person in connection with a business
carried on by the person; or
(c) that is the registered office of the person if the person is
a body corporate.
relevant place means—
(a) a place of business of a responsible person for a heavy
vehicle; or
(b) the relevant garage address of a heavy vehicle; or
(c) the base of the driver or drivers of a heavy vehicle; or

Page 408 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 494A]

(d) a place where records required to be kept under this Law

or a heavy vehicle accreditation are located or are
required to be located under this Law or a heavy vehicle
accreditation.
residence, that is a relevant place, means a place or part of a
place mentioned in the definition relevant place used
predominantly for residential purposes.
(2) For the purposes of this Part, a place or part of a place is taken
not to be used for residential purposes merely because
temporary or casual sleeping or other accommodation is
provided there for drivers of heavy vehicles.

Division 1A Entry of relevant places for advice

purposes

494A Non-application to police officers

This Division does not apply to an authorised officer who is a
police officer.

494B Power to enter relevant place

An authorised officer may, for advice purposes, enter a
relevant place if—
(a) an occupier of the place consents under Division 4 to the
entry and section 503 has been complied with for the
occupier; or
(b) the place is not a residence and is—
(i) open for carrying on a business; or
(ii) otherwise open for entry; or
(iii) required to be open for inspection under this Law.

Current as at 19 February 2024 Page 409

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 494C]

494C Power after entering relevant place

If an authorised officer enters a relevant place under this
Division, the officer may, for advice purposes, provide advice,
information and education.

Division 2 Entry of relevant places for

monitoring purposes

495 Power to enter relevant place

(1) An authorised officer may, for monitoring purposes, enter a
relevant place if—
(a) an occupier of the place consents under Division 4 to the
entry and section 503 has been complied with for the
occupier; or
(b) the place is not a residence and is—
(i) open for carrying on a business; or
(ii) otherwise open for entry; or
(iii) required to be open for inspection under this Law.
(2) If the power to enter arose only because an occupier of the
place consented to the entry, the power is subject to any
conditions of the consent and ceases if the consent is
withdrawn.
(3) Subsection (1)(b) does not authorise an authorised officer,
without the occupier’s consent or a warrant, to enter a relevant
place that is unattended, unless the officer reasonably believes
the place is attended.
(4) If an authorised officer enters a place reasonably believing the
place is attended, the officer must leave the place immediately
after finding the place is or appears to be unattended.
(5) An authorised officer may open unlocked doors and other
unlocked panels and things at a place for gaining entry to the
place under subsection (1).

Page 410 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 496]

(6) This section does not authorise an authorised officer to use

force for exercising a power under this section.

496 General powers after entering relevant place

(1) If an authorised officer enters a relevant place under this
Division, the officer may, for monitoring purposes, do any of
the following (each a general power)—
(a) inspect any part of the place or a vehicle at the place;
(b) inspect a relevant document at the place;
(c) copy, or take an extract from, a relevant document at the
place;
(d) produce an image or writing at the place from an
electronic relevant document at the place or, if it is not
practicable to produce the image or writing at the place,
take a thing containing the electronic relevant document
to another place to produce the image or writing;
(e) look for, and inspect, a relevant device at the place;
(f) take an extract from a relevant device at the place,
including, for example—
(i) by taking a copy of, or an extract from, a readout or
other data obtained from the device; or
(ii) by accessing and downloading information from
the device;
(g) exercise a power in relation to a heavy vehicle at the
place that the authorised officer may exercise under
section 520;
(h) take to, into or onto the place and use any persons,
equipment, materials, vehicles or other things the officer
reasonably requires for exercising the officer’s powers
under this section.
(2) The authorised officer may take a necessary step to allow the
exercise of a general power, including, for example—

Current as at 19 February 2024 Page 411

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 496]

(a) open an unlocked door or an unlocked panel or thing at

the place; and
(b) move but not take away anything that is not locked up or
sealed.
(3) For exercising a power under subsection (1)(c) or (f), the
authorised officer may use photocopying equipment at the
place free of charge.
Note—
See also sections 543 and 544 for use of particular equipment at a
place, or in a vehicle, entered under this Chapter.
(4) If the authorised officer takes from the place a thing
containing an electronic relevant document to produce an
image or writing from the document, the image or writing
must be produced, and the thing must be returned to the place,
as soon as practicable.
(5) However, if the authorised officer entered the place under
section 495(1)(a), the officer’s powers under this section are
subject to the conditions of the consent.
(6) This section does not authorise an authorised officer to use
force for exercising a power under this section.
(6A) If the authorised officer is not a police officer, the officer may,
for advice purposes, provide advice, information and
education.
(7) In this section—
electronic relevant document means a relevant document that
is an electronic document.
relevant device means a device relating to a heavy vehicle and
required to be installed, used or maintained under this Law or
a heavy vehicle accreditation.
Example of a device that may be a relevant device—
a weighing, measuring, recording or monitoring device
relevant document means a document relating to a heavy
vehicle and required to be kept under this Law or a heavy
vehicle accreditation.
Page 412 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 497]

Division 3 Entry of places for investigation

purposes

497 General power to enter places

(1) An authorised officer may, for investigation purposes, enter a
place if—
(a) an occupier of the place consents under Division 4 to the
entry and section 503 has been complied with for the
occupier; or
(b) it is a public place and the entry is made when it is open
to the public; or
(c) the entry is authorised under a warrant and, if there is an
occupier at the place, section 510 has been complied
with for the occupier; or
(d) it is a relevant place other than a residence and is—
(i) open for carrying on a business; or
(ii) otherwise open for entry; or
(iii) required to be open for inspection under this Law;
or
(e) the entry is authorised under section 498 or 499.
(2) The authorised officer may exercise powers under this section
at the place even if entry to the place was originally effected
under Division 2 for monitoring purposes.
(3) If the power to enter arose only because an occupier of the
place consented to the entry, the power is subject to any
conditions of the consent and ceases if the consent is
withdrawn.
(4) If the power to enter is under a warrant—
(a) the authorised officer may use force that is reasonably
necessary for gaining entry to the place; and
(b) the power to enter is subject to the terms of the warrant.

Current as at 19 February 2024 Page 413

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 498]

(5) Subsection (1)(d) does not authorise an authorised officer,

without the occupier’s consent or a warrant, to enter—
(a) a place that is unattended, unless the officer reasonably
believes the place is attended; or
(b) a place, or part of a place, used predominantly for
residential purposes.
(6) If an authorised officer enters a place reasonably believing the
place is attended, the officer must leave the place immediately
after finding the place is or appears to be unattended.
(7) An authorised officer may open unlocked doors and other
unlocked panels and things at a place for gaining entry to the
place under subsection (1).
(8) This section does not authorise an authorised officer to use
force for exercising a power under this section unless the
power is exercised under a warrant.

498 Power to enter a place if evidence suspected to be at the

place
(1) This section applies if an authorised officer reasonably
believes that—
(a) either—
(i) a heavy vehicle is or has been at a place; or
(ii) transport documentation or journey documentation
is at a place; and
(b) there may be at the place evidence of an offence against
this Law that may be concealed or destroyed unless the
place is immediately entered and searched.
(2) The authorised officer may enter the place if it is—
(a) open for carrying on a business; or
(b) otherwise open for entry; or
(c) required to be open for inspection under this Law.

Page 414 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 499]

(3) Subsection (2) does not authorise an authorised officer to

enter—
(a) a place that is unattended, unless the officer reasonably
believes the place is attended; or
(b) a place, or part of a place, used predominantly for
residential purposes.
(4) If an authorised officer enters a place reasonably believing the
place is attended, the officer must leave the place immediately
after finding the place is or appears to be unattended.
(5) An authorised officer may open unlocked doors and other
unlocked panels and things at a place for gaining entry to the
place under subsection (2).
(6) An authorised officer may use force that is reasonably
necessary for gaining entry to a place mentioned in
subsection (2)(c).
(7) This section does not authorise an authorised officer to use
force for exercising a power under this section other than as
provided by subsection (6).

499 Power to enter particular places if incident involving

death, injury or damage
(1) An authorised officer, without an occupier’s consent or a
warrant, may enter a place at any time if the officer reasonably
believes—
(a) an incident involving the death of, or injury to, a person
or damage to property involves or may have involved a
heavy vehicle; and
(b) the incident may have involved an offence against this
Law; and
(c) there is a connection between the place and the heavy
vehicle; and
(d) there may be at the place evidence of the offence
mentioned in paragraph (b) that may be concealed or

Current as at 19 February 2024 Page 415

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 499]

destroyed unless the place is immediately entered and

searched.
(2) For the purposes of subsection (1), there is a connection
between a place and a heavy vehicle if—
(a) the place is the vehicle’s garage address or, if the vehicle
is a combination, the garage address of a heavy vehicle
in the combination; or
(b) the vehicle is, or within the past 72 hours has been,
located at the place; or
(c) the place is, or may be, otherwise directly or indirectly
connected with the vehicle or any part of its equipment
or load.
(3) This section does not authorise an authorised officer to enter a
place in relation to an incident that involves the death, or
injury to, a person unless the authorised officer is a police
officer.
(4) This section does not authorise an authorised officer, without
the occupier’s consent or a warrant, to enter—
(a) a place that is unattended, unless the officer reasonably
believes the place is attended; or
(b) a place, or part of a place, used predominantly for
residential purposes.
(5) If an authorised officer enters a place without the occupier’s
consent or a warrant, reasonably believing the place is
attended, the officer must leave the place immediately after
finding the place is or appears to be unattended.
(6) An authorised officer may open unlocked doors and other
unlocked panels and things at a place for gaining entry to the
place under subsection (1).
(7) This section does not authorise an authorised officer to use
force for exercising a power under this section.

Page 416 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 500]

500 General powers after entering a place

(1) If an authorised officer enters a place under section 497(1),
the officer may, for investigation purposes, do any of the
following (each a general power)—
(a) search any part of the place or a vehicle at the place,
including—
(i) searching any part of the place or a vehicle at the
place for evidence of an offence against this Law;
and
(ii) searching any part of the place or a vehicle at the
place for a document, device or other thing relating
to a heavy vehicle or any part of its equipment or
load;
(b) inspect, examine or film any part of the place or
anything at the place;
(c) take a thing, or a sample of or from a thing, at the place
for examination;
(d) place an identifying mark in or on anything at the place;
(e) take an extract from a document, device or other thing at
the place, including, for example—
(i) by taking a copy of, or an extract from, a readout or
other data obtained from a device or other thing at
the place; or
(ii) by accessing and downloading information from a
device or other thing at the place;
Example of device or other thing—
an intelligent transport system
(f) copy a document at the place, or take a document at the
place to another place to copy it;
Examples of documents for the purposes of paragraphs (e) and
(f)—
• a document required to be kept at the place under this Law
or a heavy vehicle accreditation
• transport documentation

Current as at 19 February 2024 Page 417

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 500]

• journey documentation
• a document the authorised officer reasonably believes
provides, or may provide on further inspection, evidence of
an offence against this Law
(g) produce an image or writing at the place from an
electronic document at the place or, if it is not
practicable to produce the image or writing at the place,
take a thing containing the electronic document to
another place to produce the image or writing;
(h) exercise a power in relation to a heavy vehicle at the
place that the authorised officer may exercise under
Part 9.3;
(i) take to, into or onto the place and use any persons,
equipment, materials, vehicles or other things the officer
reasonably requires for exercising the officer’s powers
under this section.
Note—
The term public place is defined in section 5 as a place or part of a
place—
(a) that the public is entitled to use, is open to members of the public
or is used by the public, whether or not on payment of money; or
(b) the occupier of which allows members of the public to enter,
whether or not on payment of money.
Accordingly, the term ‘public place’ does not include an office area or
an area behind a reception counter, unless the public have access to the
area as provided in the definition.
(2) The authorised officer may take a necessary step to allow the
exercise of a general power, including, for example—
(a) open an unlocked door or an unlocked panel or thing at
the place; and
(b) move anything that is not locked up or sealed; and
(c) if the authorised officer entered the place under
section 497(1)(c), use the force that is reasonably
necessary for the exercise of the power.

Page 418 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 500]

(3) If an authorised officer takes, or authorises another person to

take, a thing or sample for examination under
subsection (1)(c), the officer must—
(a) give a receipt for the thing or sample to—
(i) the person in possession of the thing or sample or
the thing from which the sample was taken; or
(ii) the person in charge of the place from which the
thing or sample was taken; and
(b) at the end of 6 months after the thing or sample was
taken, return it to the person who appears to be an owner
of it, a person to whom a receipt was given under
paragraph (a) for it, or a person in charge of the place
from which it was taken, unless the thing or sample—
(i) has been seized under section 549; or
(ii) does not have any intrinsic value.
Note—
See section 561 for what happens if a thing or sample can not be
returned to its owner or the owner can not be found.
(4) However, if for any reason it is not practicable to comply with
subsection (3)(a), the authorised officer must leave the receipt
at the place in a conspicuous position and in a reasonably
secure way.
(5) For exercising a power under subsection (1)(f), the authorised
officer may use photocopying equipment at the place free of
charge.
Note—
See also sections 543 and 544 for use of particular equipment at a
place, or in a vehicle, entered under this Chapter.
(6) If the authorised officer takes a document from the place to
copy it, the document must be copied and returned to the
place as soon as practicable.
(7) If the authorised officer takes from the place a thing
containing an electronic document to produce an image or
writing from the document, the image or writing must be
Current as at 19 February 2024 Page 419
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 501]

produced, and the thing must be returned to the place, as soon

as practicable.
(8) However—
(a) if the authorised officer entered the place under
section 497(1)(a), the officer’s powers under this section
are subject to the conditions of the consent; and
(b) if the authorised officer entered the place under
section 497(1)(c), the officer’s powers under this section
are subject to the terms of the warrant.
(9) Without limiting section 497(2), the authorised officer may
exercise powers under this section at the place even if entry to
the place was originally effected under Division 2 for
monitoring purposes.
(10) The power to search under this section does not include a
power to search a person.
(11) If the authorised officer is not a police officer, the officer may,
for advice purposes, provide advice, information and
education.

Division 4 Procedure for entry by consent

501 Application of Div 4

This Division applies if an authorised officer intends to ask an
occupier of a place for consent to the officer or another
authorised officer entering the place under section 494B(a),
495(1)(a) or 497(1)(a).

502 Incidental entry to ask for access

(1) For the purpose of asking the occupier for the consent, the
authorised officer may, without the occupier’s consent or a
warrant—

Page 420 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 503]

(a) enter land around a building or other structure at the

place to an extent that is reasonable to contact the
occupier; or
(b) enter part of the place the officer reasonably believes
members of the public ordinarily are allowed to enter
when they wish to contact the occupier.
(2) The authorised officer must not enter land or a part of a place
under subsection (1) if the officer knows or ought reasonably
to know the place is unattended.
(3) If the authorised officer enters land or a part of a place under
subsection (1), the officer must leave it immediately after
finding the place is or appears to be unattended.

503 Matters authorised officer must tell occupier

Before asking for the consent, the authorised officer must give
a reasonable explanation to the occupier about the
following—
(a) the purpose of the entry;
(b) that the occupier is not required to consent;
(c) that the consent may be given subject to conditions and
may be withdrawn at any time;
(d) any other powers intended to be exercised to achieve the
purpose of the entry.

504 Consent acknowledgement

(1) If the consent is given, the authorised officer may ask the
occupier to sign an acknowledgement of the consent.
(2) The acknowledgement must state—
(a) the purpose of the entry, including the powers intended
to be exercised to achieve the purpose of the entry; and
(b) that the following have been explained to the occupier—

Current as at 19 February 2024 Page 421

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 504]

(i) the purpose of the entry, including the powers

intended to be exercised to achieve the purpose of
the entry;
(ii) that the occupier is not required to consent; and
(c) that the occupier gives the authorised officer consent to
enter the place and exercise the powers; and
(d) the time and day the consent was given; and
(e) any conditions of the consent.
(3) If the occupier signs the acknowledgement, the authorised
officer must immediately give a copy to the occupier.
(4) However, if it is impractical for the authorised officer to give
the occupier a copy of the acknowledgement immediately, the
officer must give the copy as soon as practicable.
(5) If the acknowledgment states some but not all the powers
exercised or intended to be exercised to achieve the purpose of
the entry—
(a) the acknowledgment is not necessarily invalid merely
because of the omission; but
(b) if an issue arises in a proceeding about the validity of the
acknowledgment—the court has a discretion to decide if
the acknowledgment is invalid on the ground that the
exercise of the power was of such significance in the
particular circumstances as to have warranted its
inclusion in the acknowledgment.
(6) If—
(a) an issue arises in a proceeding about whether the
occupier consented to the entry; and
(b) an acknowledgement complying with subsection (2) for
the entry is not produced in evidence;
the onus of proof is on the person relying on the lawfulness of
the entry to prove the occupier consented.

Page 422 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 505]

505 Procedure for entry with consent

(1) This section applies if an authorised officer is intending to ask
the occupier for consent to enter a place under this Division
(otherwise than under section 502).
(2) Before asking for consent, the authorised officer must identify
himself or herself to a person who is an occupier of the place
and is present by producing—
(a) for an authorised officer who is a police officer—an
identity card or other document evidencing the officer’s
appointment as a police officer; or
(b) for an authorised officer who is not a police officer—the
identity card issued to the officer under this Law or
another document evidencing the officer’s appointment
as an authorised officer.
(3) Subsection (2)(a) does not apply to a police officer in uniform.

Division 5 Entry under warrant

506 Application for warrant

(1) An authorised officer may apply to an authorised warrant
official for a warrant for a place.
(2) The authorised officer must prepare a written application
stating the grounds on which the warrant is sought.
(3) The written application must be sworn.
(4) The authorised warrant official may refuse to consider the
application until the authorised officer gives the official all the
information the official requires about the application in the
way the official requires.
Example—
The authorised warrant official may require additional information
supporting the written application to be given by statutory declaration.

Current as at 19 February 2024 Page 423

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 507]

507 Issue of warrant

(1) The authorised warrant official may issue the warrant for the
place only if the official is satisfied there are reasonable
grounds for suspecting there is at the place, or will be at the
place within the next 72 hours, a particular thing or activity
that may provide evidence of an offence against this Law.
(2) The warrant must state the following—
(a) the place to which the warrant applies;
(b) that a stated authorised officer or any authorised officer
may, with necessary and reasonable help and force—
(i) enter the place and any other place necessary for
entry to the place; and
(ii) exercise the authorised officer’s powers;
(c) particulars of the offence that the authorised warrant
official considers appropriate in the circumstances;
(d) the name of the person suspected of having committed
the offence unless the name is unknown or the
authorised warrant official considers it inappropriate to
state the name;
(e) the evidence that may be seized under the warrant;
(f) the hours of the day or night when the place may be
entered;
(g) the authorised warrant official’s name;
(h) the date and time of the warrant’s issue;
(i) the day, within 14 days after the warrant’s issue, the
warrant ends.

508 Application by electronic communication and duplicate

warrant
(1) An application under section 506 may be made by radio,
telephone, fax, email, video conferencing or another form of
electronic communication if the authorised officer reasonably
believes it necessary because of—
Page 424 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 508]

(a) urgent circumstances; or

(b) other special circumstances, including, for example, the
officer’s remote location.
(2) The application—
(a) may not be made before the authorised officer prepares
the written application under section 506(2); but
(b) may be made before the written application is sworn.
(3) The authorised warrant official may issue the warrant (the
original warrant) only if the official is satisfied—
(a) it was necessary to make the application under
subsection (1); and
(b) the way the application was made under subsection (1)
was appropriate.
(4) After the authorised warrant official issues the original
warrant—
(a) if there is a reasonably practicable way of immediately
giving a copy of the warrant to the authorised officer, for
example, by sending a copy by fax or email, the official
must immediately give a copy of the warrant to the
officer; or
(b) otherwise—
(i) the official must tell the authorised officer the
information mentioned in section 507(2); and
(ii) the authorised officer must complete a form of
warrant, including by writing on it the information
mentioned in section 507(2) provided by the
official.
(5) The copy of the warrant mentioned in subsection (4)(a), or the
form of warrant completed under subsection (4)(b) (in either
case the duplicate warrant), is a duplicate of, and as effectual
as, the original warrant.
(6) The authorised officer must, at the first reasonable
opportunity, send to the authorised warrant official—
Current as at 19 February 2024 Page 425
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 509]

(a) the written application complying with section 506(2)

and (3); and
(b) if the officer completed a form of warrant under
subsection (4)(b)—the completed form of warrant.
(7) The authorised warrant official must keep the original warrant
and, on receiving the documents under subsection (6)—
(a) attach the documents to the original warrant; and
(b) file the original warrant and documents in the relevant
court.
(8) Despite subsection (5), if—
(a) an issue arises in a proceeding about whether an
exercise of a power was authorised by a warrant issued
under this section; and
(b) the original warrant is not produced in evidence;
the onus of proof is on the person relying on the lawfulness of
the exercise of the power to prove a warrant authorised the
exercise of the power.
(9) This section does not limit section 506.

509 Defect in relation to a warrant

(1) A warrant is not invalidated by a defect in—
(a) the warrant; or
(b) compliance with this Division;
unless the defect affects the substance of the warrant in a
material particular.
(2) In this section—
warrant includes a duplicate warrant mentioned in
section 508(5).

Page 426 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 510]

510 Procedure for entry under warrant

(1) This section applies if an authorised officer is intending to
enter a place under a warrant issued under this Division.
(2) Before entering the place, the authorised officer must do or
make a reasonable attempt to do the following things—
(a) identify himself or herself to a person who is an
occupier of the place and is present by producing—
(i) for an authorised officer who is a police
officer—an identity card or other document
evidencing the officer’s appointment as a police
officer; or
(ii) for an authorised officer who is not a police
officer—the identity card issued to the officer
under this Law or another document evidencing
the officer’s appointment as an authorised officer;
(b) give the person a copy of the warrant;
(c) tell the person the officer is permitted by the warrant to
enter the place;
(d) give the person an opportunity to allow the officer
immediate entry to the place without using force.
(3) However, the authorised officer need not comply with
subsection (2) if the officer reasonably believes that entry to
the place is required to ensure the execution of the warrant is
not frustrated.
(4) Subsection (2)(a)(i) does not apply to a police officer in
uniform.
(5) In this section—
warrant includes a duplicate warrant mentioned in
section 508(5).

Current as at 19 February 2024 Page 427

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 511]

Part 9.3 Powers in relation to heavy

vehicles

Division 1 Preliminary

511 Application of Pt 9.3

Unless otherwise stated in this Part, this Part applies to a
heavy vehicle—
(a) on a road; or
(b) in or at a public place; or
(c) in or at a place owned or occupied by a road authority or
by another public authority; or
(d) in or at a place entered by an authorised officer under
Part 9.2.

512 Persons who are drivers for this Part

In this Part, a reference to the driver of a heavy vehicle
includes a reference to a person in, on or in the vicinity of the
vehicle whom an authorised officer present at the scene
reasonably believes is the vehicle’s driver.

Division 2 Stopping, not moving or not

interfering with heavy vehicle etc.

513 Direction to stop heavy vehicle to enable exercise of

other powers
(1) To enable an authorised officer to exercise a power under this
Law, the officer may direct the driver of a heavy vehicle to
stop the vehicle.

Page 428 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 513]

Example—
An authorised officer may direct the driver of a heavy vehicle to stop
the vehicle so that the authorised officer can enter and inspect it under
section 520 or enter and search it under section 521.
(2) The direction may be given orally or in any other way,
including, for example, by way of a sign or electronic or other
signal.
(3) The direction may require the heavy vehicle to be—
(a) stopped immediately; or
(b) stopped at a place indicated by the authorised officer as
the nearest place for it to be safely stopped.
(4) A person given a direction under subsection (1) must comply
with the direction, unless the person has a reasonable excuse.
Maximum penalty—$6000.
(5) When the heavy vehicle stops, the authorised officer must as
soon as practicable produce for the inspection of the vehicle’s
driver—
(a) for an authorised officer who is a police officer—an
identity card or other document evidencing the officer’s
appointment as a police officer; or
(b) for an authorised officer who is not a police officer—the
identity card issued to the officer under this Law or
another document evidencing the officer’s appointment
as an authorised officer.
(6) Subsection (5)(a) does not apply to a police officer in uniform.
(7) In this section—
stop a heavy vehicle means to stop the vehicle and keep it
stationary.

Current as at 19 February 2024 Page 429

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 514]

514 Direction not to move or interfere with heavy vehicle etc.

to enable exercise of other powers
(1) To enable an authorised officer to exercise a power under this
Law, the officer may direct the driver of a heavy vehicle or
any other person not to—
(a) move the vehicle; or
(b) interfere with the vehicle or any equipment in it; or
(c) interfere with the vehicle’s load.
(2) The direction may be given orally or in any other way,
including, for example, by way of a sign or electronic or other
signal.
(3) A person given a direction under subsection (1) must comply
with the direction, unless the person has a reasonable excuse.
Maximum penalty—$6000.

Division 3 Moving heavy vehicle

515 Definition for Div 3

In this Division—
unattended, for a heavy vehicle, means—
(a) there is no-one in or near the vehicle who appears to be
its driver; or
(b) there is a person in or near the vehicle who appears to be
its driver but the person is—
(i) unwilling, or not qualified or fit, to drive the
vehicle; or
(ii) not authorised by the operator of the vehicle to
drive it; or
(iii) subject to a direction under section 524.

Page 430 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 516]

516 Direction to move heavy vehicle to enable exercise of

other powers
(1) To enable an authorised officer to exercise a power under this
Law, the officer may direct the driver or operator of a heavy
vehicle that is stationary or has been stopped under
section 513 to move the vehicle, or cause it to be moved, to a
stated reasonable place within a 30km radius from—
(a) where the vehicle was stationary or stopped; or
(b) if the direction is given within the course of the vehicle’s
journey—any point along the forward route of the
journey.
Example—
An authorised officer may direct the driver of a heavy vehicle to move
the vehicle onto a weighing or testing device.
(2) The direction may be made orally or in any other way,
including, for example—
(a) for a direction given to the driver of a heavy vehicle—by
way of a sign or electronic or other signal; or
(b) for a direction given to the operator of a heavy
vehicle—by radio, telephone, fax or email.
(3) A person given a direction under subsection (1) must comply
with the direction, unless the person has a reasonable excuse.
Maximum penalty—$6000.
(4) Without limiting what may be a reasonable excuse for the
purposes of subsection (3), in a proceeding for an offence
against the subsection, it is a defence for the person charged to
prove that—
(a) it was not possible to move the heavy vehicle because it
was broken down; and
(b) the breakdown happened for a physical reason beyond
the person’s control; and
(c) the breakdown could not be readily rectified in a way
that would enable the direction to be complied with
within a reasonable time.
Current as at 19 February 2024 Page 431
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 517]

517 Direction to move heavy vehicle if causing harm etc.

(1) This section applies if an authorised officer reasonably
believes a stationary heavy vehicle is—
(a) causing, or creating a risk of, serious harm to public
safety, the environment or road infrastructure; or
(b) obstructing traffic or likely to obstruct traffic.
(2) The authorised officer may direct the driver or operator of the
heavy vehicle to do either or both of the following—
(a) move the vehicle, or cause it to be moved, to the extent
necessary to avoid the harm or obstruction;
(b) do, or cause to be done, anything else the officer
reasonably requires to avoid the harm or obstruction.
(3) The direction may be made orally or in any other way,
including, for example—
(a) for a direction given to the driver of a heavy vehicle—by
way of a sign or electronic or other signal; or
(b) for a direction given to the operator of a heavy
vehicle—by radio, telephone, fax or email.
(4) A person given a direction under subsection (2) must comply
with the direction, unless the person has a reasonable excuse.
Maximum penalty—$6000.
(5) Without limiting what may be a reasonable excuse for the
purposes of subsection (4), in a proceeding for an offence
against the subsection, it is a defence for the person charged to
prove that—
(a) it was not possible to move the heavy vehicle because it
was broken down; and
(b) the breakdown happened for a physical reason beyond
the person’s control; and
(c) the breakdown could not be readily rectified in a way
that would enable the direction to be complied with
within a reasonable time.

Page 432 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 518]

518 Moving unattended heavy vehicle on road to exercise

another power
(1) This section applies if an authorised officer—
(a) reasonably believes a heavy vehicle on a road is
unattended; and
(b) intends to exercise a power under this Law in relation to
the heavy vehicle; and
(c) reasonably believes it is necessary to move the heavy
vehicle to enable the exercise of the power.
(2) To the extent reasonably necessary to enable the exercise of
the power, the authorised officer—
(a) may move the heavy vehicle; or
(b) authorise someone else (the assistant) to move the
heavy vehicle.
Example—
by driving, pushing or towing the heavy vehicle
(3) The authorised officer or assistant may enter the heavy vehicle
to enable the authorised officer or assistant to move it.
(4) Despite subsection (2), the authorised officer—
(a) may only drive the heavy vehicle if the officer is
qualified and fit to drive it; and
(b) may only authorise the assistant to drive the heavy
vehicle if the assistant is qualified and fit to drive it.
(5) It is immaterial that—
(a) the assistant is not the operator of the heavy vehicle; or
(b) the authorised officer or assistant is not authorised by
the operator to drive the heavy vehicle.
(6) The authorised officer or assistant may—
(a) open unlocked doors and other unlocked panels and
things in the heavy vehicle; and
(b) use the force that is reasonably necessary to—

Current as at 19 February 2024 Page 433

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 519]

(i) gain access to the heavy vehicle, its engine or other

mechanical components to enable it to be moved;
or
(ii) enable the heavy vehicle to be towed.
(7) The authorised officer must exercise reasonable diligence to
ensure the driver or operator is notified that the vehicle has
been moved and the place to which it has been moved.
(8) The notification may be given orally or in any other way,
including, for example, by radio, telephone, fax or email.

519 Moving unattended heavy vehicle on road if causing

harm etc.
(1) This section applies if an authorised officer reasonably
believes—
(a) a heavy vehicle on a road is unattended; and
(b) the heavy vehicle is—
(i) causing, or creating an imminent risk of, serious
harm to public safety, the environment or road
infrastructure; or
(ii) obstructing traffic or likely to obstruct traffic.
(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—
(a) enter the heavy vehicle to enable the authorised officer
or assistant to move it; and
(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.
Page 434 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 520]

(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—
(a) the assistant is not the operator of the heavy vehicle; or
(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.

Division 4 Inspecting and searching heavy

vehicles

520 Power to enter and inspect heavy vehicles for monitoring

purposes
(1) An authorised officer may enter and inspect a heavy vehicle
for monitoring purposes.
(2) Without limiting subsection (1), the authorised officer may—
(a) inspect, examine or film any part of the heavy vehicle or
any part of its equipment or load; and
(b) without limiting paragraph (a), look for, check the
details of, or film a registration item, label or other thing
required to be displayed on the heavy vehicle under an
Australian road law; and
(c) inspect a relevant document in the heavy vehicle; and
Current as at 19 February 2024 Page 435
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 520]

(d) copy, or take an extract from, a relevant document in the

heavy vehicle; and
(e) produce an image or writing in or near the vehicle from
an electronic relevant document in the vehicle or, if it is
not practicable to produce the image or writing in or
near the vehicle, take a thing containing the electronic
relevant document somewhere else to produce the image
or writing; and
(f) take an extract of relevant information from a device or
other thing found in the heavy vehicle, including, for
example—
(i) by taking a copy of, or an extract from, a readout or
other data obtained from the device or other thing;
or
(ii) by accessing and downloading relevant
information from the device or other thing.
Example of device or other thing—
an intelligent transport system
(3) The authorised officer may take a necessary step to allow the
exercise of a power under subsection (1) or (2), including, for
example—
(a) open an unlocked door or an unlocked panel or thing on
the heavy vehicle; and
(b) move but not take away anything that is not locked up or
sealed.
(4) However, this section does not authorise an authorised officer
to use force for exercising a power under this section.
(5) If the authorised officer takes from the heavy vehicle a thing
containing an electronic relevant document to produce an
image or writing from the document, the image or writing
must be produced, and the thing must be returned to the
vehicle, as soon as practicable.
(6) In this section—

Page 436 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 521]

electronic relevant document means a relevant document that

is an electronic document.
relevant document means a document relating to a heavy
vehicle and required to be kept under this Law or a heavy
vehicle accreditation, including, for example, a document
required to be kept in the possession of the driver of a heavy
vehicle.
relevant information means information relating to a heavy
vehicle required to be kept under this Law or a heavy vehicle
accreditation.

521 Power to enter and search heavy vehicle involved, or

suspected to be involved, in an offence etc.
(1) An authorised officer may, using necessary and reasonable
help and force, enter and search a heavy vehicle for
investigation purposes if the officer reasonably believes—
(a) the vehicle is being, or has been, used to commit an
offence against this Law; or
(b) the vehicle, or a thing in the vehicle, may provide
evidence of an offence against this Law that is being, or
has been, committed; or
(c) the vehicle has been or may have been involved in an
incident involving the death of, or injury to, a person or
damage to property.
(2) The authorised officer may form the necessary belief—
(a) during or after an inspection of the heavy vehicle under
Part 9.2 or section 520; or
(b) independently of an inspection of the heavy vehicle
under Part 9.2 or section 520.
(3) Without limiting subsection (1), the authorised officer may—
(a) search any part of the heavy vehicle or any part of its
equipment or load for evidence of an offence against
this Law; and

Current as at 19 February 2024 Page 437

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 521]

(b) inspect, examine or film any part of the heavy vehicle or

any part of its equipment or load; and
(c) without limiting paragraph (b), look for, check the
details of, or film a registration item, label or other thing
required to be displayed on the heavy vehicle under an
Australian road law; and
(d) search for and inspect a document, device or other thing
in the heavy vehicle; and
(e) take an extract from a document, device or other thing in
the heavy vehicle, including, for example—
(i) by taking a copy of, or an extract from, a readout or
other data obtained from a device or other thing in
the vehicle; or
(ii) by accessing and downloading information from a
device or other thing in the vehicle; and
Example of device or other thing—
an intelligent transport system
(f) copy a document in the heavy vehicle, or take a
document in the heavy vehicle somewhere else to copy
it; and
Examples of documents for the purposes of paragraphs (e) and
(f)—
• a document required to be kept in the vehicle under this Law
or a heavy vehicle accreditation
• transport documentation
• journey documentation
• a document the authorised officer reasonably believes
provides, or may provide on further inspection, evidence of
an offence against this Law
(g) produce an image or writing in or near the vehicle from
an electronic document in the vehicle or, if it is not
practicable to produce the image or writing in or near
the vehicle, take a thing containing the electronic
document somewhere else to produce the image or
writing; and
Page 438 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 522]

(h) take the persons, equipment or materials the officer

reasonably requires into or onto the heavy vehicle.
(4) If the authorised officer takes a document from the heavy
vehicle to copy it, the document must be copied and returned
to the vehicle as soon as practicable.
(5) If the authorised officer takes from the heavy vehicle a thing
containing an electronic document to produce an image or
writing from the document, the image or writing must be
produced, and the thing must be returned to the vehicle, as
soon as practicable.
(6) This section does not authorise an authorised officer to
exercise a power under this section in relation to an incident
that involves the death of, or injury to, a person unless the
authorised officer is a police officer or is acting under the
direction of a police officer.
(7) The power to search under this section does not include a
power to search a person.

522 Power to order presentation of heavy vehicles for

inspection
(1) An authorised officer may, by notice under subsection (2),
require to be produced for inspection at a place and time
stated in the notice, a heavy vehicle—
(a) that the officer reasonably believes has within the
preceding 60 days been used or will be used on a road if
the officer reasonably believes that—
(i) the driver of the vehicle has not complied with this
Law in driving a heavy vehicle of that kind; or
(ii) the vehicle does not comply with this Law; or
(iii) the vehicle is a defective heavy vehicle as defined
in section 525; or
(b) without limiting paragraph (a), for the purpose of
deciding if a vehicle defect notice for the vehicle can be
cleared under section 530.
Current as at 19 February 2024 Page 439
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 522]

(1A) An authorised officer may, by notice under subsection (2),

require to be produced for inspection at a place and time
stated in the notice, vehicles in a category of heavy vehicles
that the officer reasonably believes have within the preceding
60 days been used or will be used on a road if the officer
reasonably believes that—
(a) the vehicles in that category do not comply with this
Law; or
(b) the vehicles in that category are defective heavy vehicles
as defined in section 525.
(2) A notice must be served on—
(a) the person in charge of the heavy vehicle or category of
heavy vehicles; or
(b) the registered operator or, if the heavy vehicle or
category of heavy vehicles is not registered, an owner.
(3) If a notice has been served on a person under this section—
(a) the person may, not later than 24 hours before the time
stated in the notice, request an authorised officer to
change the place or time of inspection or both; and
(b) subject to paragraph (c), the authorised officer must—
(i) consider the request; and
(ii) vary the notice by changing the place or time; and
(iii) notify the person of the change; and
(c) the authorised officer may refuse the request if the
officer considers—
(i) there may be a safety risk in acceding to the
request; or
(ii) the request is made for an improper reason; or
(iii) it is otherwise not reasonable to vary the notice.
(4) An inspection may include any tests an authorised officer
decides to be appropriate.

Page 440 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 523]

(5) A person must not fail to produce a heavy vehicle for

inspection—
(a) subject to paragraph (b), at the place and time stated in
the notice served on the person; or
(b) if the notice has been varied under this section, at the
place and time stated in the notice as varied.
Maximum penalty—$6000.
(6) An authorised officer may act under subsection (1A) only if—
(a) for an authorised officer who is a police officer—the
officer has the relevant police commissioner’s written
authority to act under subsection (1A); or
(b) for an authorised officer who is not a police officer—the
officer’s instrument of appointment provides that the
authorised officer may act under subsection (1A).

Division 5 Other powers in relation to all heavy

vehicles

523 Starting or stopping heavy vehicle engine

(1) To enable an authorised officer to effectively exercise a power
under this Law in relation to a heavy vehicle, the officer may
enter the vehicle and start or stop its engine (take the
prescribed action) or authorise someone else (the assistant) to
enter the vehicle and take the prescribed action if—
(a) a person fails to comply with a requirement made by an
authorised officer under section 577 to take the
prescribed action; or
(b) no responsible person for the heavy vehicle is available
or willing to take the prescribed action; or
(c) the authorised officer reasonably believes there is
no-one else in or near the vehicle who is more capable
of taking the prescribed action and is fit and willing to
do so.
Current as at 19 February 2024 Page 441
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 524]

(2) The authorised officer or assistant may use the force that is
reasonably necessary to enter the heavy vehicle and take the
prescribed action.
(3) Subsection (2) does not authorise the authorised officer or
assistant to use force against a person.
(4) It is immaterial that—
(a) the assistant is not the operator of the heavy vehicle; or
(b) the authorised officer or assistant is not—
(i) authorised by the operator to take the prescribed
action; or
(ii) qualified to take the prescribed action.
(5) This section does not authorise the authorised officer or
assistant to drive the heavy vehicle.
(6) In taking the prescribed action, 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 take the prescribed action.
(7) In this section—
start, in relation to a heavy vehicle’s engine, includes run the
engine.

524 Direction to leave heavy vehicle

(1) This section applies if—
(a) the driver of a heavy vehicle fails to comply with a
direction given by an authorised officer under this
Chapter; or
(b) an authorised officer reasonably believes the driver of a
heavy vehicle is not qualified, fit or authorised by the
operator to drive the vehicle in order to comply with a
direction the authorised officer may give under this
Chapter; or
(c) an authorised officer reasonably believes it would be
unsafe to inspect or search a heavy vehicle or any part of
Page 442 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 525]

it or any part of its equipment or load while the driver

occupies the driver’s seat or is in the vehicle or another
person accompanying the driver is in the vehicle.
(2) The authorised officer may direct the driver to do 1 or more of
the following—
(a) to vacate the driver’s seat;
(b) to leave the heavy vehicle;
(c) not to occupy the driver’s seat until permitted by an
authorised officer;
(d) not to enter the heavy vehicle until permitted by an
authorised officer.
(3) The authorised officer may direct any other person
accompanying the driver of the heavy vehicle to do either or
both of the following—
(a) to leave the vehicle;
(b) not to enter the vehicle until permitted by an authorised
officer.
(4) A direction under subsection (2) or (3) may be made orally or
in any other way, including, for example, by way of a sign or
electronic or other signal.
(5) A person given a direction under subsection (2) or (3) must
comply with the direction, unless the person has a reasonable
excuse.
Maximum penalty—$6000.

Division 6 Further powers in relation to heavy

vehicles concerning heavy vehicle
standards

525 Definitions for Div 6

In this Division—
defective heavy vehicle means a heavy vehicle that—
Current as at 19 February 2024 Page 443
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 525]

(a) contravenes the heavy vehicle standards; or

(b) has a part that—
(i) does not perform its intended function; or
(ii) has deteriorated to an extent that it can not be
reasonably relied on to perform its intended
function.
defective vehicle label means a label—
(a) for attaching to a heavy vehicle to which a major defect
notice or minor defect notice applies; and
(b) stating—
(i) the vehicle’s registration number or, if the vehicle
is not registered, a vehicle identifier of the vehicle;
and
(ii) that the vehicle must not be used on a road except
as specified in the notice; and
(iii) the identification details for the authorised officer
who issued the notice; and
(iv) the day and time the notice was issued; and
(v) the number of the notice.
identification details, for an authorised officer, means details
to identify the authorised officer, including, for example—
(a) the officer’s name; or
(b) an identification number allocated to the officer under
this Law or another law.
vehicle identifier means—
(a) a VIN; or
(b) engine number; or
(c) chassis number; or
(d) another identifying number issued by a registration
authority.

Page 444 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 526]

Example—
an unregistered vehicle permit number

526 Issue of vehicle defect notice

(1) This section applies if an authorised officer who has inspected
a heavy vehicle under this Law reasonably believes—
(a) the vehicle is a defective heavy vehicle; or
(b) a number plate of the vehicle is wholly or partly
obscured, defaced or otherwise not legible.
(2) The authorised officer may issue the following vehicle defect
notice in relation to the heavy vehicle, in the way mentioned
in subsection (3)—
(a) if the officer reasonably believes the vehicle is a
defective heavy vehicle and use of the vehicle on a road
poses an imminent and serious safety risk—a major
defect notice;
(b) if the officer reasonably believes the vehicle is a
defective heavy vehicle and use of the vehicle on a road
poses a safety risk other than an imminent and serious
safety risk—a minor defect notice;
(c) if the officer reasonably believes that use of the vehicle
on a road does not pose a safety risk or subsection (1)(b)
applies—a self-clearing defect notice.
(3) The authorised officer may issue the vehicle defect notice
by—
(a) if the driver of the heavy vehicle is present—giving the
notice to the driver; or
(b) if the driver of the heavy vehicle is not
present—attaching the notice to the vehicle.
(4) If the driver of a heavy vehicle for which a vehicle defect
notice is issued under this section is not the operator of the
vehicle, the driver must give the notice to the operator as soon
as practicable, but not more than 14 days, after the notice is
issued.
Current as at 19 February 2024 Page 445
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 527]

Maximum penalty—$3000.

527 Requirements about vehicle defect notice

(1) A vehicle defect notice for a heavy vehicle must be in the
approved form and state the following—
(a) that the notice is a major defect notice, minor defect
notice or self-clearing defect notice;
(aa) that—
(i) the vehicle is a defective heavy vehicle; or
(ii) a number plate of the vehicle is wholly or partly
obscured, defaced or otherwise not legible;
(ab) if the vehicle is a defective heavy vehicle—details of
how the vehicle is a defective heavy vehicle;
(b) for a major defect notice—that the vehicle must not be
used on a road after the notice is issued other than to
move it to one or more locations stated in the notice in
one or more ways stated in the notice;
(c) for a minor defect notice—
(i) that corrective action must be taken by a stated
time (the due time); and
(ii) that, after the due time, the vehicle must not be
used on a road unless corrective action has been
taken;
(ca) for a self-clearing defect notice—
(i) that corrective action must be taken by a stated day
(the due day) not more than 28 days after the
notice is issued; and
(ii) that, after the due day, the vehicle must not be used
on a road unless corrective action has been taken;
(d) the name of the vehicle’s driver if known by the
authorised officer issuing the notice when the notice is
issued or, if the driver is not present or the driver’s name
Page 446 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 527]

is not known by the authorised officer issuing the notice

when the notice is issued, the term ‘registered operator’;
(e) details to identify the vehicle, including, for example—
(i) the vehicle’s registration number, or if the vehicle
is not registered, a vehicle identifier of the vehicle;
or
(ii) the vehicle’s make and category;
(f) the nature of the inspection that led to the notice being
issued;
(g) whether an infringement notice was also given when the
notice was issued;
(h) the identification details for the authorised officer who
issued the notice;
(i) the day and time the notice was issued;
(j) for a major defect notice or minor defect notice—
(i) that, if the notice is not cleared by the Regulator
under section 530, the vehicle’s registration may
be suspended and subsequently cancelled by a
registration authority under an Australian road law;
and
(ii) any conditions imposed under subsection (2).
(2) The authorised officer issuing a major defect notice or minor
defect notice may impose any conditions on the use of the
defective heavy vehicle the officer considers appropriate for
use of the vehicle on a road.
(3) Any conditions imposed under subsection (2) are taken to
form part of the vehicle defect notice concerned.
(4) In this section—
corrective action, for a vehicle, means action that stops—
(a) the vehicle from being a defective heavy vehicle; or
(b) a number plate of the vehicle being wholly or partly
obscured, defaced or otherwise not legible.
Current as at 19 February 2024 Page 447
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 528]

528 Defective vehicle labels

(1) If an authorised officer issues a major defect notice for a
heavy vehicle, the authorised officer must attach a defective
vehicle label to the vehicle.
(2) If an authorised officer issues a minor defect notice for a
heavy vehicle, the authorised officer may attach a defective
vehicle label to the vehicle.
(3) A person must not remove or deface a defective vehicle label
attached to a heavy vehicle under subsection (1) or (2).
Maximum penalty—$3000.
(4) Subsection (3) does not apply to a person removing a
defective vehicle label under section 530(2) or 531(5).

528A Information not included in notice or label

(1) This section applies to information required to be included—
(a) in a defective vehicle label under section 525, definition
defective vehicle label paragraph (b)(i); or
(b) in a vehicle defect notice under section 527(1)(e).
(2) The information need only be included if it is reasonably
practicable and safe for the authorised officer to obtain the
information.

529 Using heavy vehicles contrary to vehicle defect notice

A person must not use, or permit to be used, on a road a heavy
vehicle in contravention of a vehicle defect notice.
Maximum penalty—
(a) for a major defect notice or minor defect
notice—$6000; or
(b) for a self-clearing defect notice—$3000.

Page 448 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 529AA]

529AA Permission to use vehicle the subject of a self-clearing

defect notice
(1) An authorised officer may, on request made by the operator of
a heavy vehicle that is the subject of a self-clearing defect
notice, give written permission for the vehicle to be used on a
road during a period stated in the permission.
(2) The permission is subject to the condition that the vehicle will
be used only for the purpose of driving the vehicle to and from
a place where repairs are to be carried out.
(3) The use of the vehicle under the permission, in accordance
with the condition, is not a contravention of the self-clearing
defect notice.

529A Permission to use vehicle the subject of a major or minor

defect notice
(1) An authorised officer may, on request made by the operator of
a heavy vehicle that is the subject of a major defect notice or
minor defect notice, give written permission for the vehicle to
be used on a road during a period stated in the permission.
(2) The authorised officer may give the permission only if—
(a) the officer is satisfied—
(i) the vehicle will be used only for the purpose of
driving the vehicle to and from a place where
repairs are to be carried out; and
(ii) the use of the vehicle will not pose an imminent
and serious safety risk; and
(iii) the request is necessary and reasonable; or
(b) the officer is satisfied—
(i) the relevant repairs have been carried out and the
vehicle will be taken within the stated period to be
inspected for the purpose of enabling the vehicle
defect notice to be cleared under section 530; and
(ii) the use of the vehicle will not pose a safety risk;
and
Current as at 19 February 2024 Page 449
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 529B]

(iii) the request is necessary and reasonable.

(3) For the purpose of subsection (2)(a)(ii) or (b)(ii), an
authorised officer may require evidence of adequate repairs or
other measures.
(4) The permission is subject to conditions that—
(a) the use of the vehicle will be as mentioned in
subsection (2)(a)(i) or (b)(i); and
(b) in relation to the use of the vehicle mentioned in
subsection (2)(a)(i)—the vehicle will not be used to
carry goods or passengers.
(5) The authorised officer may also impose other reasonable
conditions on the permission.
(6) The use of the vehicle under the permission is not a
contravention of the vehicle defect notice.
(7) The use of a vehicle in contravention of a condition under
subsection (4) or (5) is a contravention of the vehicle defect
notice.

529B Permitted use of vehicle the subject of a major or minor

defect notice without permission of authorised officer
(1) A heavy vehicle that is the subject of a major defect notice or
minor defect notice may be used on a road if—
(a) the relevant repairs have been carried out; and
(b) the vehicle is being taken to a place to be inspected for
the purpose of enabling the major defect notice or minor
defect notice to be cleared under section 530; and
(c) the vehicle is not carrying goods or passengers; and
(d) the use of the vehicle does not pose a safety risk.
(2) An authorised officer may require a driver of the heavy
vehicle to produce evidence of the relevant repairs to the
authorised officer within a reasonable time, and in a
reasonable way, stated by the officer.

Page 450 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 530]

(3) Subsection (1) stops applying to the vehicle if the driver fails
to comply with the requirement.
(4) The use of the heavy vehicle under subsection (1) is not a
contravention of the vehicle defect notice.

530 Clearance of major or minor defect notices

(1) A major defect notice or minor defect notice may be cleared
by the Regulator if—
(a) the Regulator decides the vehicle is no longer a
defective heavy vehicle; or
(b) the Regulator receives a notice, in the approved form,
from an authorised officer stating that the heavy vehicle
is no longer a defective heavy vehicle.
(2) If the Regulator clears a major defect notice or minor defect
notice applying to a heavy vehicle, the Regulator must arrange
for any defective vehicle label for the vehicle to be removed
from the vehicle.

531 Amendment or withdrawal of vehicle defect notices

(1) A vehicle defect notice issued in this jurisdiction by an
authorised officer who is a police officer may be amended or
withdrawn by any authorised officer who—
(a) is a police officer of this jurisdiction; or
(b) is a police officer of another jurisdiction if the
Application Act of this jurisdiction permits this to be
done; or
(c) is not a police officer but is of a class of authorised
officers for the time being approved by the Regulator for
the purposes of this subsection.
(2) A vehicle defect notice issued by an authorised officer who is
not a police officer may be amended or withdrawn by any
authorised officer who is of a class of authorised officers for
the time being approved by the Regulator for the purposes of
this subsection.
Current as at 19 February 2024 Page 451
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 532]

(3) If an authorised officer amends or withdraws a vehicle defect

notice for a heavy vehicle, the officer must give notice of the
amendment or withdrawal to—
(a) the Regulator; and
(b) one of the following—
(i) the person to whom the vehicle defect notice was
given;
(ii) the person in charge of the vehicle;
(iii) the registered operator;
(iv) if the vehicle is not registered—an owner.
(4) If the person given the notice of amendment or withdrawal is
not the operator of the vehicle, the person must, as soon as
reasonably practicable, give the notice to the operator.
Maximum penalty—$3000.
(5) If an authorised officer withdraws a vehicle defect notice
applying to a heavy vehicle, the Regulator must arrange for
the defective vehicle label for the vehicle to be removed from
the vehicle.

Division 7 Further powers in relation to heavy

vehicles concerning mass,
dimension or loading requirements

532 Application of Div 7

This Division applies to a heavy vehicle regardless of whether
the vehicle is, has been, or becomes the subject of a direction
or requirement given or made by an authorised officer under
another provision of this Chapter.

Page 452 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 533]

533 Powers for minor risk breach of mass, dimension or

loading requirement
(1) This section applies if an authorised officer reasonably
believes a heavy vehicle—
(a) is the subject of 1 or more minor risk breaches of mass,
dimension or loading requirements; and
(b) is not, or is no longer, also the subject of a substantial, or
severe, risk breach of a mass, dimension or loading
requirement.
(2) If the authorised officer reasonably believes it appropriate in
the circumstances, the officer may direct the driver or operator
of the heavy vehicle—
(a) to immediately rectify stated breaches of mass,
dimension or loading requirements relating to the
vehicle; or
(b) to move the vehicle, or cause it to be moved, to a stated
place and not to move the vehicle, or cause it to be
moved, from there until stated breaches of mass,
dimension or loading requirements relating to the
vehicle are rectified.
Examples of circumstances for the purposes of subsection (2)—
1 Rectification is reasonable and can be carried out easily.
2 Rectification is necessary in the public interest to avoid a safety
risk, damage to road infrastructure or an adverse effect on public
amenity.
(3) A place mentioned in subsection (2)(b) must be—
(a) a place the authorised officer reasonably believes is
suitable for the purpose of complying with the direction;
and
(b) within a 30km radius from—
(i) where the heavy vehicle is located when the
direction is given; or

Current as at 19 February 2024 Page 453

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 534]

(ii) if the direction is given in the course of the heavy

vehicle’s journey—any point along the forward
route of the journey.
(4) If the authorised officer does not give the driver or operator of
a heavy vehicle a direction under subsection (2) and the
authorised officer reasonably believes the driver or operator is
not, or is no longer, subject to a direction for the rectification
of a minor risk breach of a mass, dimension or loading
requirement relating to the vehicle, the officer may authorise
the driver or operator to continue the vehicle’s journey.
(5) A direction given under subsection (2) must be in writing and
may be given with or without conditions.
(6) Despite subsection (5), a direction to move a heavy vehicle
may be given orally if the moving of the vehicle is carried out
in the presence, or under the supervision, of an authorised
officer.
(7) The person to whom a direction is given under this section
must comply with the direction, unless the person has a
reasonable excuse.
Maximum penalty—$10000.
(8) In this section—
stated means stated by the authorised officer.

534 Powers for substantial risk breach of mass, dimension or

loading requirement
(1) This section applies if an authorised officer reasonably
believes—
(a) a heavy vehicle is the subject of 1 or more substantial
risk breaches of mass, dimension or loading
requirements; and
(b) the heavy vehicle is not, or is no longer, also the subject
of a severe risk breach of a mass, dimension or loading
requirement.

Page 454 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 534]

(2) The authorised officer must direct the driver or operator of the
heavy vehicle—
(a) not to move the vehicle until stated breaches of mass,
dimension or loading requirements relating to the
vehicle are rectified; or
(b) to move the vehicle, or cause it to be moved, to a stated
reasonable place and not to move it, or cause it to be
moved, from there until stated breaches of mass,
dimension or loading requirements relating to the
vehicle are rectified.
Examples of reasonable place for the purposes of paragraph (b)—
• the intended destination of the heavy vehicle’s journey
• a depot of the heavy vehicle or, if the heavy vehicle is a
combination, a depot of a vehicle in the combination
• a weighbridge
• a rest area
• a place where the heavy vehicle can be loaded or unloaded
(3) A direction given under subsection (2) must be in writing and
may be given with or without conditions.
(4) Despite subsection (3), a direction to move a heavy vehicle
may be given orally if the moving of the vehicle is carried out
in the presence, or under the supervision, of an authorised
officer.
(5) The person to whom a direction is given under this section
must comply with the direction, unless the person has a
reasonable excuse.
Maximum penalty—$10000.
(6) In this section—
stated means stated by the authorised officer.

Current as at 19 February 2024 Page 455

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 535]

535 Powers for severe risk breach of mass, dimension or

loading requirement
(1) This section applies if an authorised officer reasonably
believes a heavy vehicle is the subject of 1 or more severe risk
breaches of mass, dimension or loading requirements.
(2) The authorised officer must direct the driver or operator of the
heavy vehicle—
(a) not to move the heavy vehicle until stated breaches of
mass, dimension or loading requirements relating to the
vehicle are rectified; or
(b) if the prescribed circumstances exist—
(i) to move the vehicle, or cause it to be moved, to the
nearest stated safe location; and
(ii) not to proceed from there until stated breaches of
mass, dimension or loading requirements relating
to the vehicle are rectified.
(3) A direction given under subsection (2) must be in writing and
may be given with or without conditions.
(4) Despite subsection (3), a direction to move a heavy vehicle
may be given orally if the moving of the vehicle is carried out
in the presence, or under the supervision, of an authorised
officer.
(5) The person to whom a direction is given under this section
must comply with the direction, unless the person has a
reasonable excuse.
Maximum penalty—$10000.
(6) Nothing in this section prevents an authorised officer from
taking into account the safety of the heavy vehicle or any load
in it if the officer reasonably believes the officer can do so
without prejudicing the safety of other property, people, the
environment, road infrastructure or public amenity.
(7) In this section—
prescribed circumstances means—
Page 456 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 536]

(a) there is a risk of harm to public safety; or

(b) there is an appreciable risk of harm to the environment,
road infrastructure or public amenity.
risk of harm to public safety, in relation to a heavy vehicle—
(a) includes the risk of harm to the safety of people, or live
animals, in the vehicle; but
(b) does not include the risk of harm to the safety of the
vehicle or goods, other than a live animal, in the vehicle.
safe location means a location where the authorised officer
reasonably believes the heavy vehicle will pose a reduced risk
or no appreciable risk of harm to public safety, the
environment, road infrastructure or public amenity.
Example of a safe location—
• a depot of the heavy vehicle or, if the heavy vehicle is a
combination, a depot of a vehicle in the combination
• a weighbridge
• a rest area
• a place where the heavy vehicle can be loaded or unloaded
stated means stated by the authorised officer.

536 Operation of direction in relation to a combination

(1) This section applies if a direction is given under this Division
in relation to a heavy combination.
(2) Subject to subsection (3), nothing in this Division prevents a
component vehicle of the heavy combination from being
separately driven or moved if—
(a) the component vehicle is not itself the subject of a
contravention of a mass, dimension or loading
requirement; and
(b) it is not otherwise unlawful for the component vehicle to
be driven or moved.

Current as at 19 February 2024 Page 457

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 537]

(3) Subsection (2) does not apply if a condition of the direction

prevents the component vehicle from being separately driven
or moved.

Division 8 Further powers in relation to

fatigue-regulated heavy vehicles

537 Application of Div 8

This Division applies to a fatigue-regulated heavy vehicle
regardless of whether the vehicle is, has been, or becomes the
subject of a direction or requirement given or made by an
authorised officer under another provision of this Chapter.

538 Requiring driver to rest for contravention of maximum

work requirement
(1) This section applies if an authorised officer reasonably
believes the driver of a fatigue-regulated heavy vehicle has
contravened a maximum work requirement by working for a
period in excess of the maximum work time allowed under the
requirement.
(2) If the authorised officer reasonably believes the contravention
is a critical risk breach or severe risk breach, the authorised
officer must, by notice, require the driver—
(a) to immediately rest for a stated period in accordance
with a minimum rest requirement applying to the driver;
and
(b) to work for a stated shorter period when the driver next
works to compensate for the excess period worked.
(3) If the authorised officer reasonably believes the contravention
is a substantial risk breach or minor risk breach, the
authorised officer may, by notice, require the driver—
(a) to immediately rest for a stated period in accordance
with a minimum rest requirement applying to the driver;
and
Page 458 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 539]

(b) to work for a stated shorter period when the driver next
works to compensate for the excess period worked.
(4) If the authorised officer imposes a requirement under
subsection (2) or (3), the authorised officer must record details
of the requirement in the driver’s work diary.
Note—
Section 541 deals with the situation where the driver does not produce
the work diary or produces something as a work diary that the
authorised officer reasonably believes to be unacceptable.

539 Requiring driver to rest for contravention of minimum

rest requirement
(1) This section applies if an authorised officer reasonably
believes the driver of a fatigue-regulated heavy vehicle has
contravened a minimum rest requirement by resting for a
period shorter than the minimum rest time required under the
requirement.
(2) If the authorised officer reasonably believes the contravention
is a critical risk breach or severe risk breach, the authorised
officer must, by notice, require the driver—
(a) to immediately rest for a stated period to compensate for
the shortfall between the period of rest the driver had
and the minimum rest time required under the minimum
rest requirement; and
(b) if the driver has failed to have 1 or more night rest
breaks required under a minimum rest requirement—to
have 1 or more night rest breaks to compensate for the
shortfall between the number of night rest breaks the
driver had and the number of night rest breaks required
under the minimum rest requirement.
(3) If the authorised officer reasonably believes the contravention
is a substantial risk breach or minor risk breach, the
authorised officer may, by notice, require the driver—
(a) to immediately rest for a stated period to compensate for
the shortfall between the period of rest the driver had
Current as at 19 February 2024 Page 459
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 540]

and the minimum rest time required under the minimum

rest requirement; or
(b) to rest for an additional stated period, at the next rest
break the driver is required to have under a maximum
work requirement or minimum rest requirement, to
compensate for the shortfall between the period of rest
the driver had and the minimum rest time required under
the minimum rest requirement; or
(c) if the driver has failed to have 1 or more night rest
breaks required under a minimum rest requirement—to
have 1 or more night rest breaks to compensate for the
shortfall between the number of night rest breaks the
driver had and the number of night rest breaks required
under the minimum rest requirement.
(4) If the authorised officer imposes a requirement under
subsection (2) or (3), the authorised officer must record the
details of the requirement in the driver’s work diary.
Note—
Section 541 deals with the situation where the driver does not produce
the work diary or produces something as a work diary that the
authorised officer reasonably believes to be unacceptable.

540 Requiring driver to stop working if impaired by fatigue

(1) This section applies if an authorised officer reasonably
believes the driver of a fatigue-regulated heavy vehicle is
impaired by fatigue.
(2) The authorised officer may, by notice—
(a) require the driver to immediately stop work and not
work again for a stated period; and
(b) if the officer has observed the driver driving in a way the
officer considers on reasonable grounds to be
dangerous, require the driver to also immediately stop
being in control of the fatigue-regulated heavy vehicle.

Page 460 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 541]

(3) A stated period under subsection (2)(a) must be a reasonable

period having regard to the matters prescribed for the
purposes of this section by the national regulations.
(4) If the authorised officer imposes a requirement under
subsection (2)(a), the authorised officer must record details of
the requirement in the driver’s work diary.
Note—
Section 541 deals with the situation where the driver does not produce
the work diary or produces something as a work diary that the
authorised officer reasonably believes to be unacceptable.
(5) If the authorised officer imposes a requirement under
subsection (2)(b), the authorised officer may authorise a
person to move the fatigue-regulated heavy vehicle to a
suitable rest place for fatigue-regulated heavy vehicles but
only if the person is qualified and fit to drive the vehicle.
(6) The national regulations may prescribe the matters to which
the authorised officer, or a court, must or may have regard
when deciding whether or not a person was impaired by
fatigue for the purposes of this section.

541 Requiring driver to stop working if work diary not

produced or unreliable
(1) This section applies if—
(a) an authorised officer has, under section 568, asked the
driver of a fatigue-regulated heavy vehicle to produce a
work diary the driver is required to keep under this Law;
and
(b) either—
(i) the driver has failed to produce the diary without a
reasonable excuse; or
(ii) the driver produces a document that the authorised
officer reasonably believes is not the work diary
the driver is required to keep under this Law; or
(iii) the authorised officer reasonably believes the work
diary, or purported work diary, produced by the
Current as at 19 February 2024 Page 461
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 542]

driver can not be relied on as an accurate record of

the time the driver recently spent working or
resting.
Examples for the purposes of subparagraph (iii)—
• Information in the work diary appears to be incorrect.
• Particular information appears to be missing from the
work diary.
• The work diary appears to have been tampered with.
(2) The authorised officer may, by notice, require the driver to
immediately stop work and to not work again for a stated
period of up to 24 hours.

542 Compliance with requirement under this Division

(1) A person given a notice under this Division must comply with
the notice, unless the person has a reasonable excuse.
Maximum penalty—$10000.
(2) An authorised officer who gives a person a notice under
section 538, 539 or 541 may, by stating it in the notice, allow
the person to delay complying with the notice for a period of
up to 1 hour if the authorised officer reasonably believes—
(a) the delay is necessary to allow the person time to drive
the relevant fatigue-regulated heavy vehicle to the
nearest suitable rest place for fatigue-regulated heavy
vehicles and it is reasonably safe to allow the person to
continue driving the vehicle to that place; or
(b) the delay is necessary to allow the person time to attend
to, or to secure, the load on the relevant
fatigue-regulated heavy vehicle before resting.

Page 462 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 543]

Part 9.4 Other powers

Division 1 Powers relating to equipment

543 Power to use equipment to access information

(1) This section applies if—
(a) a thing found at a place, or in a vehicle, entered by an
authorised officer under this Chapter is, or includes, a
disc, tape or other device used for storing information
(the storage device); and
(b) equipment at the place, or in the vehicle, may be used
with the storage device to access information on the
storage device; and
(c) the authorised officer reasonably believes information
stored on the storage device may be relevant for
deciding whether this Law is being complied with.
(2) The authorised officer, or a person helping the officer, may
operate the equipment to access the information.
(3) A person may operate equipment under subsection (2) only if
the person reasonably believes the operation can be carried
out without damaging the equipment.
Note—
See section 548 for action an authorised officer may take if the officer,
or a person helping the officer, finds a disc, tape or other device
containing information the officer reasonably believes is relevant for
deciding whether this Law has been contravened.
(4) In this section—
equipment, at a place or in a vehicle, includes equipment
taken into the place or vehicle by the authorised officer.

544 Power to use equipment to examine or process a thing

(1) An authorised officer, or a person helping an authorised
officer, may operate equipment at a place, or in a vehicle,
Current as at 19 February 2024 Page 463
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 545]

entered under this Chapter to examine or process a thing

found at the place, or in the vehicle, in order to decide whether
it is a thing that may be seized under this Chapter.
(2) Also, for a heavy vehicle entered under section 521, an
authorised officer, or a person helping the authorised officer,
may, for deciding whether a thing may be seized under
section 547—
(a) operate equipment in the vehicle to examine or process
the thing; or
(b) move the thing to another place if it is not practicable to
examine or process the thing where it is found, or the
vehicle’s driver consents in writing, and operate
equipment at that place to examine or process the thing.
(3) However, subsections (1) and (2) only apply if the authorised
officer or person reasonably believes—
(a) the equipment is suitable for exercising the power; and
(b) the power can be exercised without damaging the
equipment or thing.
(4) In this section—
equipment, at a place or in a vehicle, includes equipment
taken into the place or vehicle by the authorised officer.

Division 2 Seizure and embargo notices

Subdivision 1 Power to seize

545 Seizing evidence at a place that may be entered without

consent or warrant
An authorised officer who enters a place the officer may enter
under this Chapter without the consent of its occupier and
without a warrant may seize a thing at the place if the officer
reasonably believes the thing is evidence of an offence against
this Law.
Page 464 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 546]

546 Seizing evidence at a place that may be entered only with

consent or warrant
(1) This section applies if—
(a) an authorised officer is authorised to enter a place only
with the consent of an occupier at the place or a warrant;
and
(b) the authorised officer enters the place after obtaining the
necessary consent or under a warrant.
(2) If the authorised officer enters the place with the occupier’s
consent, the officer may seize a thing at the place if—
(a) the officer reasonably believes the thing is evidence of
an offence against this Law; and
(b) seizure of the thing is consistent with the purpose of
entry as explained to the occupier when asking for the
occupier’s consent.
(3) If the authorised officer enters the place under a warrant, the
officer may seize the evidence for which the warrant was
issued.
(4) The authorised officer may also seize anything else at the
place if the officer reasonably believes—
(a) the thing is evidence of an offence against this Law; and
(b) the seizure is necessary to prevent the thing being—
(i) hidden, lost or destroyed; or
(ii) used to continue, or repeat, the offence.

547 Seizing evidence in a heavy vehicle entered under s 521

An authorised officer who enters a heavy vehicle under
section 521 may seize a thing in the heavy vehicle if the
officer reasonably believes the thing is evidence of an offence
against this Law.

Current as at 19 February 2024 Page 465

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 548]

548 Additional seizure power relating to information stored

electronically
(1) This section applies if, under this Chapter, an authorised
officer, or a person helping an authorised officer—
(a) enters a place or heavy vehicle; and
(b) finds a disc, tape or other device used for storing
information (the original information storage device)
containing information the authorised officer reasonably
believes is relevant for deciding whether this Law has
been contravened.
(2) The authorised officer or person may—
(a) put the information in documentary form and seize the
document; or
(b) copy the information from the original information
storage device to another information storage device and
seize the other information storage device; or
(c) seize the original information storage device and any
equipment at the place or in the vehicle necessary for
accessing the information contained in the device if—
(i) it is not practicable to take action, at the place or in
the vehicle, under paragraph (a) or (b) in relation to
the information; and
(ii) the officer or person reasonably believes the device
and equipment can be seized without being
damaged.

549 Seizing thing or sample taken for examination under

s 500
An authorised officer who takes a thing or sample for
examination under section 500(1)(c) may, after examining it,
seize the thing or sample if—
(a) the officer reasonably believes the thing or sample is
evidence of an offence against this Law; and

Page 466 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 550]

(b) had the officer had the reasonable belief when the thing
or sample was taken, the officer could have seized the
thing or the thing from which the sample was taken
under section 545 to 548.

550 Seizure of property subject to security

(1) An authorised officer may seize a thing under this Chapter,
and exercise powers relating to the thing, despite a lien or
other security over it claimed by another person.
(2) However, the seizure does not affect the other person’s claim
to the lien or other security against a person other than the
authorised officer or a person helping the officer.

551 Seizure of number plates

(1) Without limiting any other provision of this Chapter, a power
under this Chapter for an authorised officer to seize a thing
includes a power to seize a number plate for a heavy vehicle
under subsection (2) or (3).
(2) An authorised officer may seize a number plate (whether or
not displayed on a heavy vehicle) if the officer reasonably
believes—
(a) that the number plate is being used other than in
accordance with an Australian road law; or
(b) that the number plate was not issued in accordance with
an Australian road law.
(3) An authorised officer may seize a number plate if it is
displayed on a heavy vehicle and the officer reasonably
believes—
(a) that the number plate does not bear the registration
number last assigned to the vehicle; or
(b) that—
(i) the vehicle is not registered or exempted from
registration; and
Current as at 19 February 2024 Page 467
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 552]

(ii) the period during which the registration of the

vehicle may be renewed has expired.
(4) An authorised officer may retain—
(a) a number plate seized under subsection (2) until the
officer is satisfied that it was not being so used and that
it was issued in accordance with an Australian road law;
or
(b) a number plate seized under subsection (3) until the
officer is satisfied that circumstances exist that allow it
to be used without being subject to retention under this
subsection.
(5) An authorised officer must return a number plate seized under
subsection (2) or (3) to—
(a) the driver or operator of the vehicle, if the officer is
satisfied as to the relevant matters referred to in
subsection (4); or
(b) an appropriate authority, if the officer is not satisfied as
to those matters after a reasonable period.
(6) The national regulations may prescribe, or prescribe
guidelines for determining, an appropriate authority for the
purposes of subsection (5).

552 Restriction on power to seize certain things

(1) This Chapter does not authorise an authorised officer to
seize—
(a) a heavy vehicle; or
(b) a thing, or a thing of a class, prescribed by the national
regulations.
(2) Subsection (1) does not apply if the Application Act of the
participating jurisdiction in which the vehicle or thing is
located provides that the heavy vehicle or thing can be
impounded or seized under a law of that jurisdiction.

Page 468 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 553]

Subdivision 2 Powers to support seizure

553 Requirement of person in control of thing to be seized

(1) To enable a thing to be seized under this Chapter, an
authorised officer may require the person in control of it—
(a) to take it to a stated reasonable place by a stated
reasonable time; and
(b) if necessary, to remain in control of it at the stated place
for a stated reasonable period.
(2) The requirement—
(a) must be made by notice; or
(b) if for any reason it is not practicable to give a notice,
may be made orally and confirmed by notice as soon as
practicable.
(3) A person of whom a requirement is made under this section
must comply with the requirement, unless the person has a
reasonable excuse.
Maximum penalty—$10000.

Subdivision 3 Safeguards for seized things or

samples

554 Receipt for seized thing or sample

(1) This section applies if an authorised officer seizes a thing or
sample under this Chapter unless—
(a) it is impracticable or unreasonable for the officer to
account for the thing or sample given its condition,
nature and value; or
(b) for a thing seized other than under section 549—the
officer reasonably believes there is no-one apparently in
possession of the thing or the thing has been abandoned.

Current as at 19 February 2024 Page 469

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 555]

(2) The authorised officer must, as soon as practicable after the

thing or sample is seized, give the relevant person for the thing
or sample a receipt that generally describes the thing or
sample and its condition.
(3) However, for a thing seized other than under section 549, if a
relevant person for the thing is not present when the thing is
seized, the receipt may be given by leaving it in a conspicuous
position and in a reasonably secure way at the place at which
the thing was seized.
(4) The receipt may relate to more than 1 seized thing.
(5) In this section—
relevant person means—
(a) for a thing or sample seized under section 549—
(i) an owner of the thing or sample; or
(ii) a person in possession of the thing, or the thing
from which the sample was taken, before the thing
or sample was taken for examination under
section 500(1)(c); or
(b) for a thing seized under this Chapter other than under
section 549—
(i) an owner of the thing; or
(ii) a person in possession of the thing before it was
seized.

555 Access to seized thing

(1) Until a thing seized under this Chapter is forfeited or returned,
the authorised officer who seized the thing must allow any
owner of the thing—
(a) to inspect it at any reasonable time and from time to
time; and
(b) if it is a document—to copy it.
(2) Subsection (1) does not apply if it is impracticable or would
be unreasonable to allow the inspection or copying.
Page 470 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 556]

(3) The inspection or copying must be allowed free of charge.

556 Return of seized things or samples

(1) This section applies if—
(a) an authorised officer has seized a thing or sample under
this Chapter; and
(b) the thing or sample is not forfeited under Division 3.
(2) If an authorised officer is satisfied that—
(a) the thing or sample is not required (or is no longer
required) as evidence of an offence against this Law;
and
(b) the continued retention of the thing or sample is not
necessary to prevent the thing or sample being used to
continue, or repeat, an offence against this Law; and
(c) the thing or sample is not subject to a dispute as to
ownership, which would be appropriately resolved by
making an application under subsection (3) for the
return of the thing or sample;
the authorised officer must exercise reasonable diligence to
return the thing or sample to the person from whom it was
seized or to the owner if that person is not entitled to possess
it.
(3) An application for the return of the thing or sample may be
made to the relevant tribunal or court by—
(a) the person from whom it was seized; or
(b) a person who claims to be the owner; or
(c) an authorised officer.
(4) If the relevant tribunal or court is satisfied that—
(a) the thing or sample is not required (or is no longer
required) as evidence of an offence against this Law;
and

Current as at 19 February 2024 Page 471

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 557]

(b) the continued retention of the thing or sample is not

necessary to prevent the thing or sample being used to
continue, or repeat, an offence against this Law; and
(c) there are no reasonable grounds to suspect that the thing
or sample is likely to be used by any person in the
commission of an offence of a kind prescribed by the
national regulations for the purposes of this subsection;
the relevant tribunal or court may make an order for the return
of the thing or sample to the person from whom it was seized
or to the owner if that person is not entitled to possess it.
(5) The national regulations may—
(a) provide for the procedures to be followed when an
application is made under subsection (3); and
(b) without limiting paragraph (a)—
(i) provide for the notification of the Regulator or an
authorised officer (or both) of the making of the
application if it is made by a person who is not an
authorised officer; and
(ii) specify the information that is to be included in the
notification.
(6) Nothing in this section affects a lien or other security over a
thing.
(7) Nothing in this section prevents the return of a thing or sample
to its owner at any time if the Regulator considers there is no
reason for its continued retention.

Subdivision 4 Embargo notices

557 Power to issue embargo notice

(1) This section applies if—
(a) an authorised officer may seize a thing under this
Chapter; and

Page 472 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 557]

(b) the thing can not, or can not readily, be physically seized
and removed.
(2) The authorised officer may issue a notice (an embargo notice)
under this section prohibiting any dealing with the thing or
any part of it without the written consent of the Regulator or
an authorised officer.
(3) The embargo notice—
(a) must be in the approved form; and
(b) must list the activities it prohibits; and
(c) must include a copy of section 558.
(4) The authorised officer may issue the embargo notice—
(a) by causing a copy of it to be served on the relevant
entity; or
(b) if a relevant entity can not be located after the authorised
officer exercises reasonable diligence to do so, by fixing
a copy of the notice on the thing the subject of the notice
in a conspicuous position and in a reasonably secure
way.
(5) In this section—
dealing, with a thing or part of a thing, includes—
(a) moving, selling, leasing or transferring the thing or part;
and
(b) changing information on, or deleting information from,
the thing or part.
relevant entity, for an embargo notice, means—
(a) the driver of the heavy vehicle to which the thing the
subject of the notice relates; or
(b) the occupier of the place in which the thing the subject
of the notice is located.

Current as at 19 February 2024 Page 473

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 558]

558 Noncompliance with embargo notice

(1) A person (the relevant person) who knows an embargo notice
relates to a thing must not—
(a) do anything the notice prohibits; or
(b) instruct someone else (the other person) to do anything
the notice prohibits—
(i) anyone from doing; or
(ii) the relevant person or other person from doing.
Maximum penalty—$10000.
(2) In a proceeding for an offence against subsection (1) to the
extent it relates to a charge that the person charged with the
offence (defendant) moved an embargoed thing, or a part of
an embargoed thing, it is a defence for the defendant to prove
that he or she—
(a) moved the embargoed thing, or part, to protect or
preserve it; and
(b) notified the authorised officer who issued the embargo
notice of the move and new location of the embargoed
thing, or part, within 48 hours after the move.
(3) A person served with an embargo notice must ensure, so far as
is reasonably practicable, another person does not do anything
prohibited by the notice.
Maximum penalty—$10000.
(4) Despite any other Act or law, a sale, lease, transfer or other
dealing with an embargoed thing in contravention of this
section is void.

559 Power to secure embargoed thing

(1) An authorised officer may take reasonable action to restrict
access to an embargoed thing.
(2) For the purposes of subsection (1), the authorised officer may,
for example—
Page 474 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 559]

(a) seal the embargoed thing, or the entrance to the place

where the embargoed thing is located, and mark the
thing or place to show access to the thing or place is
restricted; or
(b) for equipment—make it inoperable; or
Example—
dismantling equipment or removing a component of equipment
without which the equipment can not be used
(c) require a person the authorised officer reasonably
believes is in control of the embargoed thing, or the
place where the embargoed thing is located, to do an act
mentioned in paragraph (a) or (b) or anything else an
authorised officer could do under subsection (1).
(3) A person of whom a requirement is made under
subsection (2)(c) must comply with the requirement, unless
the person has a reasonable excuse.
Maximum penalty—$10000.
(4) If access to an embargoed thing is restricted under this
section, a person must not tamper with the thing or with
anything used to restrict access to the thing without—
(a) an authorised officer’s approval; or
(b) a reasonable excuse.
Maximum penalty—$10000.
(5) If access to a place is restricted under this section, a person
must not enter the place in contravention of the restriction or
tamper with anything used to restrict access to the place
without—
(a) an authorised officer’s approval; or
(b) a reasonable excuse.
Maximum penalty—$10000.
(6) The restricted access to an embargoed thing, or a place where
an embargoed thing is located, under this section applies only
for the period the thing is an embargoed thing.
Current as at 19 February 2024 Page 475
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 560]

560 Withdrawal of embargo notice

(1) This section applies if—
(a) an authorised officer has issued an embargo notice for a
thing; and
(b) the thing has not been forfeited under Division 3.
(2) The authorised officer must withdraw the embargo notice—
(a) generally—at the end of 3 months after it is issued; or
(b) if a relevant tribunal or court has made an order under
subsection (5) extending the time for withdrawing the
notice—at the end of the extended time; or
(c) if a proceeding for an offence involving the thing is
started before the notice must be withdrawn under
paragraph (a) or (b)—at the end of the proceeding and
any appeal from the proceeding.
(3) Despite subsection (2), if the embargo notice is issued on the
basis that the thing may provide evidence of an offence
against this Law, the authorised officer must as soon as
practicable withdraw the notice if the officer is satisfied—
(a) the thing is no longer required as evidence of an offence
against this Law; and
(b) it is not necessary for the notice to continue to prevent
the thing being used to continue, or repeat, the offence.
(4) An authorised officer may apply to a relevant tribunal or court
within 3 months after the embargo notice is issued for an
extension of the time by which the notice must be withdrawn
under this section.
(5) The relevant tribunal or court may order the extension if it is
satisfied the continued operation of the embargo notice is
necessary for investigation purposes.

Page 476 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 561]

Division 3 Forfeiture and transfers

561 Power to forfeit particular things or samples

(1) If, under this Chapter, a thing or sample is taken for
examination by an authorised officer or a person authorised by
an authorised officer, or a thing or sample is seized by an
authorised officer, the Regulator may decide it is forfeited to
the Regulator if an authorised officer—
(a) after making reasonable inquiries, can not find its
owner; or
(b) after making reasonable efforts, can not return it to its
owner.
(2) However, the authorised officer is not required to—
(a) make inquiries if it would be unreasonable to make
inquiries to find the owner; or
(b) make efforts if it would be unreasonable to make efforts
to return the thing or sample to its owner.
Example for the purposes of paragraph (b)—
the owner of the thing or sample has migrated to another country
(3) Regard must be had to the thing’s or sample’s condition,
nature and value in deciding—
(a) whether it is reasonable to make inquiries or efforts; and
(b) if inquiries or efforts are made—what inquiries or
efforts, including the period over which they are made,
are reasonable.
(4) A thing or sample seized under this Chapter by a police
officer can not be forfeited to the Regulator but must be dealt
with under—
(a) the national regulations, except as provided by
paragraph (b); or
(b) applicable legislation of the relevant State or Territory.

Current as at 19 February 2024 Page 477

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 562]

562 Information notice for forfeiture decision

(1) If the Regulator decides under section 561(1) to forfeit a thing
or sample, the Regulator must as soon as practicable give an
information notice for the decision to—
(a) the person from whom the thing or sample was seized;
and
(b) the person who was the owner of the thing or sample
immediately before the forfeiture; and
(c) each person having a registered interest in the thing or
sample.
(2) The information notice may be given—
(a) by post; or
(b) in the case of the person from whom the thing or sample
was seized, by leaving the notice in a conspicuous
position and in a reasonably secure way at—
(i) for a thing or sample taken for examination,
whether or not it is seized under section 549—the
place where the thing or sample was taken; or
(ii) for a thing or sample seized under this Chapter
other than under section 549—the place where the
thing or sample was seized.
(3) However, subsection (2)(b) does not apply if the place is—
(a) a public place; or
(b) a place where the notice is unlikely to be read by the
person for whom it is intended.

563 Forfeited or transferred thing or sample becomes

property of the Regulator
A thing or sample becomes the property of the Regulator if—
(a) the thing or sample is forfeited to the Regulator under
section 561(1); or

Page 478 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 564]

(b) the owner of the thing or sample and the Regulator

agree, in writing, to the transfer of the ownership of the
thing or sample to the Regulator.

564 How property may be dealt with

(1) This section applies if, under section 563, a thing or sample
becomes the property of the Regulator.
(2) The Regulator may take action under this section after giving
28 days’ notice of the intention to do so to—
(a) the person from whom the thing or sample was seized;
and
(b) the person who was the owner of the thing or sample
immediately before the forfeiture; and
(c) each person having a registered interest in the thing or
sample.
(3) The Regulator may deal with the thing or sample as the
Regulator considers appropriate, including, for example, by
destroying it or giving it away.
(4) The Regulator must not deal with the thing or sample in a way
that could prejudice the outcome of a review of the decision to
forfeit the thing or sample, or an appeal against the decision
on that review, under this Law.
(5) If the Regulator sells the thing or sample, the Regulator may,
after deducting the costs of the sale, return the proceeds of the
sale to the person who was the owner of the thing or sample
immediately before the forfeiture.

565 Third party protection

(1) This section applies if, under section 563, a thing or sample
becomes the property of the Regulator and applies to the
following parties—
(a) the owner of the thing or sample, except where the
owner gave consent under section 563(b);
Current as at 19 February 2024 Page 479
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 565]

(b) a person who has a registered interest in the thing or

sample.
(2) A party mentioned in subsection (1) may apply to a relevant
tribunal or court for an order—
(a) that ownership of the thing or sample be transferred to
the applicant, if the applicant had full ownership of the
thing or sample immediately before the thing or sample
became the property of the Regulator under section 561;
or
(b) that, if the applicant had a registered interest in the thing
or sample immediately before it became the property of
the Regulator—
(i) the thing or sample be sold; and
(ii) the Regulator pay to the applicant, and any other
persons with a registered interest in the thing or
sample, an amount commensurate with the value of
their respective interest.
(3) If the thing or sample has been sold or otherwise disposed of,
the Regulator must pay to—
(a) an applicant who had a registered interest in the thing or
sample immediately before the thing or sample was sold
or otherwise disposed of, an amount commensurate with
the value of the applicant’s interest; or
(b) an applicant who was an owner of the thing or sample,
the amount obtained through its sale or disposal.
(4) Leave of the relevant tribunal or court is required to bring an
application if 6 months or more have elapsed since the thing
or sample became the property of the Regulator.
(5) The relevant tribunal or court may grant leave under
subsection (4) only if it is satisfied that the delay in making
the application was not due to the applicant’s neglect.
(6) The relevant tribunal or court may make an order—

Page 480 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 566]

(a) declaring the nature, extent and, if necessary for the

order, the value (at the time the declaration is made) of
the applicant’s registered interest; and
(b) directing the Regulator—
(i) if the thing or sample is vested in the Regulator and
the applicant has full ownership of the thing or
sample, to transfer ownership of the thing or
sample to the applicant; or
(ii) if the thing or sample is no longer vested in the
Regulator, or if the applicant does not have full
ownership of the thing or sample, to pay to the
applicant the value of the applicant’s registered
interest in the thing or sample.
(7) The relevant tribunal or court may make an order under
subsection (6) only if it is satisfied that the offence with
respect to which the thing or sample was seized occurred
without the knowledge or consent of the applicant.
(8) Any amount to be paid under this section is to be paid out of
the proceeds (if any) of the sale of the thing or sample.
(9) The Regulator may deduct any reasonable costs incurred in
dealing with the thing or sample from an amount ordered to be
paid under this section.

566 National regulations

The national regulations may prescribe—
(a) the circumstances in which the Regulator must apply to
the Registrar of Personal Property Securities under the
Personal Property Securities Act 2009 of the
Commonwealth to register, amend or cancel an
instrument in relation to a sample or thing referred to in
this Division; and
(b) the priority in which the proceeds of the disposal of
anything under this Division are to be applied.

Current as at 19 February 2024 Page 481

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 567]

Division 4 Information-gathering powers

567 Power to require name, address and date of birth

(1) This section applies if an authorised officer—
(a) finds a person committing an offence against this Law;
or
(b) finds a person in circumstances that lead the officer to
reasonably suspect the person has committed an offence
against this Law; or
(c) has information that leads the officer to reasonably
suspect a person has committed an offence against this
Law; or
(d) reasonably suspects a person is or was the driver of or
other person in charge of a heavy vehicle that has been
or may have been involved in an incident involving the
death of, or injury to, a person or damage to property; or
(e) reasonably suspects a person is or may be a responsible
person for a heavy vehicle; or
(f) reasonably suspects a person is or may be able to help in
the investigation of an offence against this Law.
(2) The authorised officer may require the person to state the
person’s name, address and date of birth.
(3) The authorised officer may also require the person to give
evidence of the correctness of the stated name, address or date
of birth if—
(a) the officer reasonably suspects that the stated name,
address or date of birth is incorrect; and
(b) in the circumstances, it would be reasonable to expect
the person to—
(i) be in possession of evidence of the correctness of
the stated name, address or date of birth; or
(ii) otherwise be able to give the evidence.

Page 482 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 567]

(4) A person of whom a requirement is made under subsection (2)

or (3) must comply with the requirement, unless the person
has a reasonable excuse.
Maximum penalty—$3000.
(5) If a person of whom a requirement is made under
subsection (2) or (3) requests, when the requirement is made,
the authorised officer to produce the officer’s identification
details, the officer must as soon as practicable produce for the
inspection of the person—
(a) for an authorised officer who is a police officer—an
identity card or other document evidencing the officer’s
appointment as a police officer; or
(b) for an authorised officer who is not a police officer—the
identity card issued to the officer under this Law or
another document evidencing the officer’s appointment
as an authorised officer.
(6) Subsection (5)(a) does not apply to a police officer in uniform.
(7) In a proceeding for an offence of contravening a requirement
made under subsection (2) to state a business address, it is a
defence for the person charged to prove that—
(a) the person did not have a business address; or
(b) the person’s business address was not connected,
directly or indirectly, with road transport involving
heavy vehicles.
(8) This section does not authorise an authorised officer to impose
a requirement under this section in relation to an incident that
involves the death of, or injury to, a person unless the
authorised officer is a police officer.
(9) In this section—
address, of a person, includes the person’s residential and
business address and, for a person temporarily in this
jurisdiction, includes the place where the person is living in
this jurisdiction.

Current as at 19 February 2024 Page 483

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 568]

568 Power to require production of document etc. required to

be in driver’s possession
(1) This section applies if a heavy vehicle—
(a) is stationary on a road; or
(b) is in or at a place entered by an authorised officer under
Part 9.2; or
(c) has been stopped under section 513.
(2) An authorised officer may, for compliance purposes, require
the driver of the heavy vehicle to produce for inspection by
the officer—
(a) if the driver is required by another law of this
jurisdiction to keep their driver licence in their
possession while driving the vehicle—the driver’s driver
licence; or
(b) a document, device or other thing the driver is required
under this Law to keep in the driver’s possession while
driving the vehicle.
Examples—
• a copy of a Commonwealth Gazette notice or permit
• a work diary
Note—
Section 17 of Schedule 1 and section 490 deal with the production of
documents and other information kept electronically.
(3) A person of whom a requirement is made under subsection (2)
must comply with the requirement, unless the person has a
reasonable excuse.
Maximum penalty—
(a) for a requirement under paragraph (2)(a)—$6000; or
(b) for a requirement under paragraph (2)(b)—an amount
equal to the amount of the maximum penalty for an
offence of failing to keep the document, device or other
thing in the driver’s possession.

Page 484 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 568]

(4) It is not a reasonable excuse for the person to fail to comply

with a requirement made under subsection (2)—
(a) that the person does not have the licence, document,
device or other thing in his or her immediate possession;
or
(b) that complying with the requirement might tend to
incriminate the person or make the person liable to a
penalty.
Note—
Section 587 also deals with self-incrimination when complying with a
requirement of an authorised officer.
(5) The authorised officer may—
(a) take a copy of, or an extract from, a licence or document
mentioned in subsection (2); or
(b) produce an image or writing from a document
mentioned in subsection (2) that is an electronic
document; or
(c) take an extract from a device or other thing mentioned in
subsection (2), including, for example—
(i) by taking a copy of, or an extract from, a readout or
other data obtained from the device or other thing;
or
(ii) by accessing and downloading information from
the device or other thing; or
(d) seize a document, device or other thing mentioned in
subsection (2) if the authorised officer reasonably
believes the document, device or other thing may
provide evidence of an offence against this Law.
(6) If, under subsection (5), the authorised officer copies, takes an
extract from, or produces an image or writing from, a licence
or document or an entry in a document, the officer may
require the person responsible for keeping the licence or
document to certify the copy as a true copy of the licence,
document or entry.
Current as at 19 February 2024 Page 485
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 569]

(7) A person of whom a requirement is made under subsection (6)

must comply with the requirement, unless the person has a
reasonable excuse.
Maximum penalty—$3000.
(8) If a licence, document, device or other thing is produced to an
authorised officer under this section and it is not seized under
subsection (5)(d), the officer must return it to the person who
produced it—
(a) as soon as practicable after the officer inspects it; or
(b) if the officer takes a copy of, extract from, or produces
an image or writing from, it under subsection (5)(a), (b)
or (c), as soon as practicable after the copy or extract is
taken or the image or writing is produced.
(9) However, if a requirement is made of the person under
subsection (6) for a document, the authorised officer may
keep the document until the person complies with the
requirement.

569 Power to require production of documents etc. generally

(1) An authorised officer may require a responsible person for a
heavy vehicle to make available for inspection by an
authorised officer, or to produce to an authorised officer for
inspection, at a reasonable time and place nominated by the
officer—
(a) a document issued to the person under this Law; or
(b) a document, device or other thing required to be kept by
the person under this Law or a heavy vehicle
accreditation; or
(c) transport documentation or journey documentation in
the person’s possession or under the person’s control; or
(d) a document in the person’s possession or under the
person’s control relating to—
(i) the use, performance or condition of a heavy
vehicle; or
Page 486 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 569]

(ii) the ownership, insurance, licensing or registration

of a heavy vehicle; or
(iii) the load or equipment carried or intended to be
carried by a heavy vehicle, including, for example,
a document relating to insurance of the load or
equipment; or
(e) a document in the person’s possession or under the
person’s control relating to any business practices; or
(f) a document in the person’s possession or under the
person’s control showing that a heavy vehicle’s garage
address recorded on a vehicle register, however named,
kept under another Australian road law is or is not the
vehicle’s actual garage address.
Note—
Section 17 of Schedule 1 and section 490 deal with the production of
documents and other information kept electronically.
(2) A person of whom a requirement is made under subsection (1)
must comply with the requirement, unless the person has a
reasonable excuse.
Maximum penalty—$6000.
(3) If, under subsection (1), an authorised officer requires a
responsible person to make available or produce an electronic
document—
(a) the authorised officer may require the responsible
person to make available or produce—
(i) a printed copy of the electronic document; or
(ii) an electronic copy of the document; and
(b) compliance with the requirement made under
subsection (1) requires the making available or
production of the document in the way required under
paragraph (a).
Notes—
1 See the definitions document and printed in section 12 of
Schedule 1.

Current as at 19 February 2024 Page 487

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 569]

2 Section 17 of Schedule 1 and section 490 also deal with the

production of documents and other information kept electronically.
(4) It is not a reasonable excuse for the person to fail to comply
with a requirement made under subsection (1) that complying
with the requirement might tend to incriminate the person or
make the person liable to a penalty.
Notes—
1 Section 587 also deals with self-incrimination when complying
with a requirement of an authorised officer.
2 Section 588 deals with the admissibility of information provided in
complying with a requirement under this section.
(5) The authorised officer may—
(a) take a copy of, or an extract from, a document
mentioned in subsection (1); or
(b) produce an image or writing from a document
mentioned in subsection (1) that is an electronic
document; or
(c) take an extract from a device or other thing mentioned in
subsection (1)(b), including, for example—
(i) by taking a copy of, or an extract from, a readout or
other data obtained from the device or other thing;
or
(ii) by accessing and downloading information from
the device or other thing; or
(d) seize a document, device or other thing mentioned in
subsection (1) if the authorised officer reasonably
believes the document, device or other thing may
provide evidence of an offence against this Law.
(6) If, under subsection (5), the authorised officer copies, takes an
extract from, or produces an image or writing from, a
document or an entry in a document, the officer may require
the person responsible for keeping the document to certify the
copy as a true copy of the document or entry.

Page 488 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 570]

(7) A person of whom a requirement is made under subsection (6)

must comply with the requirement, unless the person has a
reasonable excuse.
Maximum penalty—$3000.
(8) If a document, device or other thing is produced to an
authorised officer under this section and it is not seized under
subsection (5)(d), the officer must return it to the person who
produced it—
(a) as soon as practicable after the officer inspects it; or
(b) if the officer takes a copy of, extract from, or produces
an image or writing from, it under subsection (5)(a), (b)
or (c), as soon as practicable after the copy or extract is
taken or the image or writing is produced.
(9) However, if a requirement is made of the person under
subsection (6) for a document, the authorised officer may
keep the document until the person complies with the
requirement.

570 Power to require information about heavy vehicles

(1) An authorised officer may, for compliance purposes, require a
responsible person for a heavy vehicle to give the officer—
(a) information about the vehicle or any load or equipment
carried or intended to be carried by the vehicle; or
(b) personal details known to the responsible person about
any other responsible person for the vehicle; or
(c) personal details known to the responsible person about
anyone else the responsible person reasonably believes
holds information about the heavy vehicle.
Note—
Section 17 of Schedule 1 and section 490 deal with the production of
documents and other information kept electronically.
(2) Without limiting subsection (1), a responsible person who is
associated with a particular vehicle may be required to

Current as at 19 February 2024 Page 489

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 570]

provide information about a past, current or intended journey

of the vehicle, including, for example, the following—
(a) the location of the start or intended start of the journey;
(b) the route or intended route of the journey;
(c) the location of the destination or intended destination of
the journey.
(2A) An authorised officer requiring personal details under
subsection (1)(c) must give the responsible person a notice
stating—
(a) that the requirement is made under this section; and
(b) that failing to comply with the requirement is an
offence; and
(c) the time, that is reasonable in the circumstances, in
which the person must give the personal details; and
(d) the effect of subsection (5A) and section 735A.
(3) A person of whom a requirement is made under subsection (1)
must comply with the requirement, unless the person has a
reasonable excuse.
Maximum penalty—$6000.
(4) Without limiting what may be a reasonable excuse for the
purposes of subsection (3), in a proceeding for an offence of
contravening a requirement under subsection (1), it is a
defence for the person charged to prove that the person did not
know, and could not be reasonably expected to know or
ascertain, the required information.
(5) It is not a reasonable excuse for a person to fail to comply
with a requirement made under subsection (1) that complying
with the requirement might tend to incriminate the person or
make the person liable to a penalty.
Note—
Section 587 also deals with self-incrimination when complying with a
requirement of an authorised officer.

Page 490 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 570]

(5A) However, the following information is not admissible as

evidence against an individual in a civil or criminal
proceeding, other than a proceeding for false or misleading
information—
(a) information, other than information in the form of a
document, that the individual gives in complying with a
requirement under subsection (1)(c);
(b) information that is directly or indirectly derived from
information to which paragraph (a) applies.
Note—
Section 588 deals with the admissibility of information provided in
complying with a requirement under subsection (1)(a) and (b).
(6) In this section—
personal details, about a responsible person, means—
(a) the person’s name; or
(b) the person’s residential address or business address.
responsible person, for a heavy vehicle, for the exercise of a
power under this section in relation to a speeding offence,
does not include—
(a) a person mentioned in section 5, definition responsible
person, paragraph (i), (j), (k) or (n); or
Note—
Those paragraphs deal with persons who pack, load or unload
goods or containers, and owners and operators etc. of
weighbridges or weighbridge facilities.
(b) an employer, employee, agent or subcontractor of that
person.
speeding offence means an offence committed by the driver
of a heavy vehicle because the driver exceeded a speed limit
applying to the driver.

Current as at 19 February 2024 Page 491

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 570A]

570A Requiring information

(1) This section applies if an authorised officer reasonably
believes that a person is capable of giving information,
providing documents or giving evidence—
(a) in relation to a possible contravention of—
(i) a safety duty; or
(ii) a duty of an executive under section 26D; or
(b) that will assist the authorised officer to monitor or
enforce compliance with—
(i) a safety duty; or
(ii) a duty of an executive under section 26D.
Note—
Section 17 of Schedule 1 and section 490 deal with the production of
documents and other information kept electronically.
(2) The authorised officer may, by notice, require the person to
give the information, documents or evidence to the authorised
officer.
(3) If the authorised officer, despite reasonable diligence, has not
been able to obtain the information, documents or evidence
under subsection (2), the authorised officer may, by notice
given to the person, require the person to do either or both of
the following—
(a) give information or produce documents to the
authorised officer within the time and in the way stated
in the notice;
(b) appear before a person appointed by the authorised
officer on a day, and at a time and place, stated in the
notice and give oral evidence.
(4) The notice must state—
(a) that—
(i) the requirement is made under this section; and
(ii) failing to comply with the requirement is an
offence; and
Page 492 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 570A]

(b) if the notice requires the person to give information or

produce documents to the authorised officer—the time
and way, that is reasonable in the circumstances, in
which the person must give the information or
documents; and
(c) if the notice requires the person to give oral evidence—
(i) the day, time and place, that is reasonable in the
circumstances, for the person to appear before the
person appointed by the authorised officer; and
(ii) that the person may appear with an Australian legal
practitioner; and
(d) the effect of—
(i) subsections (7) and (8); and
(ii) section 735A.
(5) The person must comply with a requirement under this
section, unless the person has a reasonable excuse.
Maximum penalty—$10000.
(6) It is not a reasonable excuse for the person to fail to comply
with a requirement made under this section on the ground that
complying with the requirement might tend to incriminate the
person or make the person liable to a penalty.
Note—
Section 587 also deals with self-incrimination when complying with a
requirement of an authorised officer.
(7) However, the following information, documents and evidence
are not admissible as evidence against an individual in a civil
or criminal proceeding, other than a proceeding for false or
misleading information—
(a) information, documents and evidence that the individual
gives in complying with a requirement under this
section;
(b) information, documents and evidence that is directly or
indirectly derived from information, documents or
evidence mentioned in paragraph (a).
Current as at 19 February 2024 Page 493
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 571]

(8) An authorised officer may act under this section only if—
(a) for an authorised officer who is a police officer—the
officer has the relevant police commissioner’s written
authority to act under this section; or
(b) for an authorised officer who is not a police officer—the
officer’s instrument of appointment provides that the
authorised officer may act under this section.

Division 5 Improvement notices

571 Authorised officers to whom Division applies

(1) This Division applies to an authorised officer who is a police
officer only if the police officer has the relevant police
commissioner’s written authority to issue improvement
notices under this Division.
(2) This Division applies to an authorised officer who is not a
police officer only if the officer’s instrument of appointment
provides that the authorised officer may issue improvement
notices under this Division.

572 Improvement notices

(1) This section applies if an authorised officer reasonably
believes a person has contravened or is contravening a
provision of this Law in circumstances that make it likely that
the contravention will continue or be repeated.
(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
continuing or occurring again or to remedy the matters or
activities occasioning the contravention.
(3) The period stated in the improvement notice within which the
person is required to comply with the notice must be at least 7
days after the notice is given unless the authorised officer is

Page 494 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 573]

satisfied it is reasonable to require the person to comply with

the notice in a shorter period because—
(a) it is reasonably practicable for the person to comply
with the notice within the shorter period; and
(b) requiring the person to comply with the notice within
the shorter period is not likely to involve—
(i) a higher cost to the person to comply with the
notice; or
(ii) a more adverse effect on the person’s business
operations.
(4) The improvement notice must be in the approved form and
state the following—
(a) that the authorised officer reasonably believes the
person has contravened or is contravening a provision of
this Law in circumstances that make it likely that the
contravention will continue or be repeated;
(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 continuing or occurring
again or to remedy the matters or activities occasioning
the contravention;
(e) the review and appeal information for the decision to
give the notice;
(f) that the notice is given under this section.
(5) The improvement notice may state the way the action is to be
taken.

573 Contravention of improvement notice

(1) A person given an improvement notice must comply with the
notice, unless the person has a reasonable excuse.
Maximum penalty—$10000.
Current as at 19 February 2024 Page 495
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 574]

(2) In a proceeding for an offence against subsection (1), it is a

defence for the person charged to prove that the alleged
contravention, or the matters or activities occasioning the
alleged contravention, were remedied within the period stated
in the improvement notice, though in a way different to that
stated in the notice.
(3) A person who is given an improvement notice in relation to a
contravention of a provision of this Law can not be proceeded
against for an offence constituted by the contravention
unless—
(a) the person fails to comply with the improvement notice
and does not have a reasonable excuse for the
noncompliance; or
(b) the improvement notice is revoked under section 575.

574 Amendment of improvement notice

(1) An improvement notice given by an authorised officer who is
a police officer may be amended by any authorised officer
who is a police officer and who has the relevant police
commissioner’s written authority to issue improvement
notices under this Division.
(2) An improvement notice given by an authorised officer who is
not a police officer may be amended by any authorised officer
who is not a police officer.
(3) An amendment of an improvement notice given to a person is
ineffective to the extent it purports to deal with a
contravention of a different provision of this Law to that dealt
with in the improvement notice when first given.
(4) If an authorised officer decides to amend an improvement
notice given to a person, the officer must give the person
notice of the amendment stating the following—
(a) the amendment;
(b) the reasons for the amendment;

Page 496 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 575]

(c) the review and appeal information for the decision to

amend the improvement notice.
Note—
Section 23 of Schedule 1 allows for the amendment of an improvement
notice.

575 Revocation of an improvement notice

(1) An improvement notice given to a person by an authorised
officer who is a police officer may be revoked, by giving
notice of the revocation to the person, by—
(a) the relevant police commissioner; or
(b) an authorised officer who—
(i) is a police officer; and
(ii) has the relevant police commissioner’s written
authority to issue improvement notices under this
Division; and
(iii) is more senior in rank to the police officer who
gave the notice to the person.
(2) An improvement notice given to a person by an authorised
officer who is not a police officer may be revoked by the
Regulator by giving notice of the revocation to the person.
(3) Section 23 of Schedule 1 does not apply in relation to the
revocation of the improvement notice.

576 Clearance certificate

(1) An approved authorised officer may issue a certificate (a
clearance certificate) stating that all or stated requirements of
an improvement notice have been complied with.
(2) If a person to whom an improvement notice is given receives a
clearance certificate about the improvement notice, each
requirement of the improvement notice that the certificate
states has been complied with stops being operative.
(3) In this section—
Current as at 19 February 2024 Page 497
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 576A]

approved authorised officer means—

(a) for an improvement notice given by an authorised
officer who is a police officer—any authorised officer
who is a police officer and who has the relevant police
commissioner’s written authority to issue improvement
notices under this Division; or
(b) for an improvement notice given by an authorised
officer who is not a police officer—any authorised
officer who is not a police officer.

Division 5A Prohibition notice

576A Power to issue prohibition notice

(1) This section applies if an authorised officer reasonably
believes that an activity involving a heavy vehicle—
(a) is occurring and involves, or will involve, an immediate
or imminent serious risk to the health or safety of a
person; or
(b) may occur and, if it occurs, will involve an immediate or
imminent serious risk to the health or safety of a person.
(2) The authorised officer may give a person who has control over
the activity a direction prohibiting the carrying on of the
activity, or the carrying on of the activity in a specified way,
until an authorised officer is satisfied that the matters that give
or will give rise to the risk have been remedied.
(3) The direction may be given orally, but must be confirmed by
written notice (a prohibition notice) given to the person as
soon as practicable.

576B Contents of prohibition notice

(1) A prohibition notice must state—

Page 498 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 576C]

(a) that the authorised officer believes that grounds for the
issue of the prohibition notice exist and the basis for that
belief; and
(b) briefly, the activity that the authorised officer believes
involves or will involve the risk and the matters that give
or will give rise to the risk; and
(c) the provision of this Law that the authorised officer
believes is being, or is likely to be, contravened by that
activity.
(2) A prohibition notice may include directions on the measures
to be taken to remedy the risk, activities or matters to which
the notice relates, or the contravention or likely contravention
mentioned in subsection (1)(c).
(3) Without limiting section 576A, a prohibition notice that
prohibits the carrying on of an activity in a specified way may
do so by stating 1 or more of the following—
(a) a heavy vehicle, or part of a heavy vehicle, in which the
activity is not to be carried out;
(b) anything that is not to be used in connection with the
activity;
(c) any procedure that is not to be followed in connection
with the activity.

576C Compliance with prohibition notice

A person given a direction under section 576A(2) or a
prohibition notice must comply with the direction or notice.
Maximum penalty—$10000.

Division 5B Injunctions

576D Application of Div 5B

In this Division—
Current as at 19 February 2024 Page 499
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 576E]

notice means an improvement notice or a prohibition notice.

576E Injunction for noncompliance with notice

(1) An authorised officer may apply to the Supreme Court for an
injunction—
(a) compelling a person to comply with a notice; or
(b) restraining a person from contravening a notice.
(2) The authorised officer may do so—
(a) whether or not a proceeding has been brought for an
offence against this Law in connection with any matter
in relation to which the notice was issued; and
(b) whether any period for compliance with the notice has
expired.
(3) An authorised officer may make an application under this
section only if—
(a) for an authorised officer who is a police officer—the
officer has the relevant police commissioner’s written
authority to make the application; or
(b) for an authorised officer who is not a police officer—the
officer’s instrument of appointment provides that the
authorised officer may make the application.

Division 6 Power to require reasonable help

577 Power to require reasonable help

(1) An authorised officer who enters a place under this Chapter
may require an occupier of the place or a person at the place to
give the officer reasonable help to exercise a power under this
Chapter.
(2) An authorised officer who is exercising a power under this
Chapter in relation to a heavy vehicle on a road may require

Page 500 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 577]

the vehicle’s driver to give the officer reasonable help to

exercise the power.
(3) Without limiting subsection (1) or (2), a requirement under
the subsection may be that the occupier, person or driver—
(a) produce a document or give information to the
authorised officer; or
Example—
The authorised officer wishes to obtain information relating to the
purpose of the entry. Information of that type is stored or recorded on a
computer at the place. The authorised officer may require the occupier
to give reasonable help to produce a reproduction of the information
from the computer.

Note—
Section 17 of Schedule 1 and section 490 deal with the
production of documents and other information kept
electronically.
(b) help the authorised officer to find and gain access to a
document or information, including electronically
stored information; or
Examples of documents or information—
• a document about the heavy vehicle’s performance, specifications
(including the dimensions and other physical attributes of the
vehicle or its fittings), functional capabilities (including the
vehicle’s GVM, GCM and speed capabilities) or authorised
operations required to be kept in the vehicle under this Law or a
heavy vehicle accreditation
• a weighing document for a container loaded on to the heavy
vehicle
• a telephone record
(c) help the authorised officer to weigh or measure—
(i) a heavy vehicle or a component of a heavy vehicle;
or
(ii) the whole or part of a heavy vehicle’s load or
equipment; or

Current as at 19 February 2024 Page 501

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 577]

(d) start or stop the engine of a heavy vehicle under

section 523; or
(e) help the authorised officer to operate equipment or
facilities for a purpose relevant to the power being or
proposed to be exercised; or
(f) provide access free of charge to photocopying
equipment for the purpose of copying any records or
other material.
(4) A person of whom a requirement is made under subsection (1)
or (2) must comply with the requirement, unless the person
has a reasonable excuse.
Maximum penalty—$10000.
(5) Without limiting what may be a reasonable excuse for the
purposes of subsection (4), it is a reasonable excuse for a
person not to comply with a requirement made under
subsection (1) or (2) if doing so would require the person to
take action that is outside the scope of the business or other
activities of the person.
(6) It is not a reasonable excuse for a person to fail to comply
with a requirement made under subsection (1) or (2), in
relation to a document or information that is the subject of the
requirement, if doing so might tend to incriminate the person
or make the person liable to a penalty.
Notes—
1 Section 587 also deals with self-incrimination when complying
with a requirement of an authorised officer.
2 Section 588 deals with the admissibility of information provided in
complying with a requirement under this section.
(7) If a requirement made under subsection (1) or (2) is that the
occupier of, or person at, a place start or stop the engine of a
heavy vehicle—
(a) it is immaterial that the occupier or person is not—
(i) the operator of the vehicle; or
(ii) authorised by the operator to drive the vehicle or
start or stop its engine; or
Page 502 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 578]

(iii) qualified to drive the vehicle or start or stop its

engine; and
(b) in starting or stopping the engine of the vehicle in
compliance with the requirement, the occupier or person
is exempt from a provision of an Australian road law to
the extent the provision would require the occupier or
person to be qualified to start or stop the engine.

Part 9.5 Provisions about exercise of

powers

Division 1 Damage in exercising powers

578 Duty to minimise inconvenience or damage

(1) In exercising a power under this Law, an authorised officer
must exercise reasonable diligence to cause as little
inconvenience, and do as little damage, as possible.
(2) Subsection (1) does not provide for a statutory right of
compensation other than as provided under Division 2.
Note—
Division 2 provides for compensation for costs, damage or loss
incurred because of the exercise of a power by an authorised officer
under this Chapter.

579 Restoring damaged thing

(1) This section applies if—
(a) an authorised officer damages something when
exercising, or purporting to exercise, a power under this
Law and the damage was caused by an improper or
unreasonable exercise of the power or the use of
unauthorised force; or
(b) a person (the assistant) acting under the direction or
authority of an authorised officer damages something
Current as at 19 February 2024 Page 503
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 580]

and the damage was caused by an improper or

unreasonable exercise of a power or the use of
unauthorised force.
(2) The authorised officer must exercise reasonable diligence to
restore the thing to the condition it was in immediately before
the officer exercised the power, or the assistant took action
under the officer’s direction or authority.

580 Notice of damage

(1) This section applies if—
(a) an authorised officer damages something when
exercising, or purporting to exercise, a power under this
Law; or
(b) a person (the assistant) acting under the direction or
authority of an authorised officer damages something.
(2) However, this section does not apply to damage if the
authorised officer reasonably believes—
(a) the thing has been restored to the condition it was in
immediately before the officer exercised the power, or
the assistant took action under the officer’s direction or
authority; or
(b) the damage is trivial; or
(c) there is no-one apparently in possession of the thing; or
(d) the thing has been abandoned; or
(e) the damage was not caused by an improper or
unreasonable exercise of a power or the use of
unauthorised force.
(3) The authorised officer must give notice of the damage to the
person who appears to the officer to be an owner, or person in
control, of the thing.
(4) However, if for any reason it is not practicable to comply with
subsection (3), the authorised officer must—

Page 504 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 581]

(a) leave the notice at the place where the damage

happened; and
(b) ensure it is left in a conspicuous position and in a
reasonably secure way.
(5) The notice must state—
(a) particulars of the damage; and
(b) that the person who suffered the damage may claim
compensation under section 581.
(6) If the authorised officer believes the damage was caused by a
latent defect in the thing or circumstances beyond the control
of the officer or the assistant the officer may state the belief in
the notice.
(7) The authorised officer may delay complying with
subsection (3) or (4) if the officer reasonably suspects
complying with the subsection may frustrate or otherwise
hinder an investigation by the officer under this Law.
(8) The delay may be only for so long as the authorised officer
continues to have the reasonable suspicion and remains in the
vicinity of the place.

Division 2 Compensation

581 Compensation because of exercise of powers

(1) A person may claim compensation from the Regulator if the
person incurs costs, damage or loss because of the exercise, or
purported exercise, of a power by or for an authorised officer,
including costs, damage or loss incurred because of
compliance with a requirement made of the person under this
Chapter.
(2) However, subsection (1) does not apply—
(a) to costs, damage or loss incurred because of a lawful
seizure or forfeiture; or

Current as at 19 February 2024 Page 505

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 582]

(b) if the costs, damage or loss was not caused by an

improper or unreasonable exercise of a power or the use
of unauthorised force.
(3) The compensation may be claimed and ordered in a
proceeding—
(a) brought in a court with jurisdiction for the recovery of
the amount of compensation claimed; or
(b) for an offence against this Law in relation to which the
power was exercised or purportedly exercised.
(4) A court may order the payment of compensation only if it is
satisfied it is just to make the order in the circumstances of the
particular case.
(5) In considering whether it is just to order compensation, the
court must have regard to any relevant offence committed by
the claimant.
(6) The national regulations may prescribe other matters that may,
or must, be taken into account by the court when considering
whether it is just to order compensation.

Division 3 Provision about exercise of

particular powers

582 Duty to record particular information in driver’s work

diary
(1) This section applies if, under this Law, an authorised officer
directs the driver of a fatigue-regulated heavy vehicle to stop
the vehicle for compliance purposes.
(2) If, for the exercise or purported exercise of a power under this
Law, the authorised officer detains the driver for 5 minutes or
longer, the driver may ask the officer to record the following
details in the driver’s work diary—
(a) the officer’s identifying details;

Page 506 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 583]

(b) the time, date and place at which the driver stopped the
heavy vehicle in compliance with the officer’s direction;
(c) the length of time the driver spent talking to the officer
in the exercise or purported exercise of a power under
this Law.
(3) The authorised officer must comply with the request.
(4) An authorised officer complies with subsection (2)(a) by
recording either his or her name, or his or her identification
number.

Part 9.6 Miscellaneous provisions

Division 1 Powers of Regulator

583 Regulator may exercise powers of authorised officers

(1) The Regulator may exercise a power that is conferred on
authorised officers under this Law, and accordingly the
functions of the Regulator include the powers exercisable by
the Regulator under this subsection.
(2) Subsection (1) does not apply to a power that requires the
physical presence of an authorised officer.

Division 2 Other offences relating to

authorised officers

584 Obstructing authorised officer

(1) A person must not obstruct—
(a) an authorised officer, or someone helping an authorised
officer, exercising a power under this Law; or
(b) an assistant mentioned in section 518, 519 or 523
exercising a power under that section.
Current as at 19 February 2024 Page 507
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 585]

Maximum penalty—$10000.
(2) In this section—
obstruct includes assault, hinder, resist, attempt to obstruct
and threaten to obstruct.

585 Impersonating authorised officer

A person must not impersonate an authorised officer.
Maximum penalty—$10000.

Division 3 Other provisions

586 Multiple requirements

An authorised officer may—
(a) on the same occasion—
(i) give more than 1 direction or notice to, or make
more than 1 requirement of, a person under a
provision of this Chapter; or
(ii) give a direction or notice to, or make a requirement
of, a person under a provision of this Chapter and
give a direction or notice to, or make a requirement
of, the person under 1 or more other provisions of
this Chapter; or
(b) give a direction or notice to, or make a requirement of, a
person under a provision and give a further direction or
notice to, or make a further requirement of, the person
under the same provision; or
(ba) give a notice to a person in relation to a heavy vehicle
under a provision of this Chapter and give a notice to a
person in relation to the same heavy vehicle under the
same provision or 1 or more other provisions of this
Chapter; or

Page 508 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 9 Enforcement

[s 587]

(c) make a combination of directions, notices or

requirements under paragraph (a)(i) or (ii), (b) or (ba).

587 Compliance with particular requirements

(1) A person is not excused from compliance with a requirement
imposed by an authorised officer under this Chapter on the
ground that compliance might incriminate the person or make
the person liable to a penalty.
(2) Subsection (1) has effect subject to section 588.

588 Evidential immunity for individuals complying with

particular requirements
(1) This section applies to a requirement made by an authorised
officer under section 569(1)(c) to (f), 570(1)(a) and (b) or 577.
(2) The following is not admissible in evidence against an
individual in a criminal proceeding (except a proceeding for
an offence against this Chapter)—
(a) information, other than information in the form of a
document, that the individual gives in complying with
the requirement;
(b) information that is directly or indirectly derived from
information to which paragraph (a) applies.
(3) Any document produced by an individual in compliance with
the requirement is not inadmissible in evidence against the
individual in a criminal proceeding on the ground that the
document might incriminate the individual.
(4) Subsection (2) does not apply to a proceeding about the false
or misleading nature of anything in the information or in
which the false or misleading nature of the information is
relevant evidence.

589 Effect of withdrawal of consent to enter under this

Chapter
(1) This section applies if—
Current as at 19 February 2024 Page 509
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 10 Sanctions and provisions about liability for offences

[s 590]

(a) an authorised officer enters a place with the occupier’s

consent and has obtained evidence at the place; but
(b) the occupier’s consent is later withdrawn.
(2) The evidence obtained (including any evidence seized) up to
the time the consent is withdrawn is not invalid or
inadmissible in proceedings for a contravention of this Law
merely because the consent was withdrawn.

Chapter 10 Sanctions and provisions

about liability for offences

Part 10.1 Formal warnings

590 Formal warning

(1) This section applies if an authorised officer reasonably
believes—
(a) a person has contravened this Law; and
(b) the person had exercised reasonable diligence to prevent
the contravention and was unaware of the contravention;
and
(c) the contravention may appropriately be dealt with by
way of a warning under this section.
(2) The authorised officer may give the person a written warning.
(3) However, a warning must not be given for—
(a) a contravention of a mass, dimension or loading
requirement constituting a substantial risk breach or
severe risk breach; or
(b) a contravention of a maximum work requirement or a
minimum rest requirement constituting a substantial risk
breach, severe risk breach or a critical risk breach.
Page 510 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 10 Sanctions and provisions about liability for offences

[s 590A]

(4) Subject to subsection (6), if a warning is given to a person

under this section for a contravention of this Law, the person
can not be proceeded against for an offence against this Law
constituted by the contravention.
(5) A warning given under this section may, within 21 days after
it is given, be withdrawn by an approved authorised officer by
giving the person to whom the warning was given notice of
the withdrawal.
(6) After a warning given under this section is withdrawn under
subsection (5), a proceeding may be taken against the person
to whom the warning was given for the contravention for
which the warning was given.
(7) In this section—
approved authorised officer means—
(a) for a warning given under this section by an authorised
officer who is a police officer—an authorised officer
who is a police officer and who has the relevant police
commissioner’s written authority to withdraw warnings
given under this section; or
(b) for a warning given under this section by an authorised
officer who is not a police officer—an authorised officer
whose instrument of appointment provides that the
authorised officer may withdraw warnings given under
this section.
proceeding includes action by way of an infringement notice.

Part 10.1A Enforceable undertakings

590A Accepting undertaking

(1) This section applies if a person contravenes or is alleged to
have contravened this Law, other than section 26F.
(2) The Regulator or an authorised officer (the promisee) may
accept an undertaking made by the person in relation to the
contravention or alleged contravention.
Current as at 19 February 2024 Page 511
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 10 Sanctions and provisions about liability for offences

[s 590A]

(3) The undertaking must be in the approved form.

(4) The promisee may accept the undertaking only if the promisee
reasonably believes the undertaking will ensure the person
complies with this Law.
(5) The promisee may accept the undertaking at any time before
the proceeding for the contravention, or alleged contravention,
ends.
(6) If the promisee accepts an undertaking before the proceeding
ends, the promisee must use reasonable diligence to have the
proceeding discontinued as soon as possible.
(7) The promisee must give the person written notice of—
(a) the promisee’s decision to accept or reject the
undertaking; and
(b) the reasons for the decision.
(8) If the promisee decides to accept the undertaking and the
promisee is not the Regulator, the promisee must give the
following documents to the Regulator within 28 days after
accepting the undertaking—
(a) a copy of the undertaking;
(b) a statement of the reasons for the promisee’s decision to
accept the undertaking.
(9) The Regulator must publish the following information on the
Regulator’s website—
(a) a promisee’s decision to accept an undertaking under
this section;
(b) the reasons for the decision.
(10) An authorised officer may act under this section only if—
(a) for an authorised officer who is a police officer—the
officer has the relevant police commissioner’s written
authority to act under this section; or
(b) for an authorised officer who is not a police officer—the
officer’s instrument of appointment provides that the
authorised officer may act under this section.
Page 512 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 10 Sanctions and provisions about liability for offences

[s 590B]

590B Effect of undertaking

(1) An undertaking takes effect—
(a) when the promisee gives notice of the decision to accept
the undertaking to the person who made the
undertaking; or
(b) at a later time stated in the notice.
(2) While the undertaking is in effect, the person must comply
with the undertaking.
Maximum penalty—$10000.
(3) If the person complies with the undertaking, no proceeding
for the contravention or alleged contravention may be taken
against the person.
(4) The offer to make, or the making of, an undertaking is not an
admission of guilt by the person offering to make, or making,
the undertaking.

590C Withdrawing or changing undertaking

(1) The person who made an undertaking may, at any time, with
the written agreement of the promisee—
(a) withdraw the undertaking; or
(b) change the undertaking.
(2) However, the provisions of the undertaking may not be
changed to provide for a different contravention or alleged
contravention of this Law.
(3) If the promisee is not the Regulator, the promisee must give
notice of the withdrawal or change of the undertaking to the
Regulator.
(4) The Regulator must publish notice of the withdrawal or
change on the Regulator’s website.

Current as at 19 February 2024 Page 513

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 10 Sanctions and provisions about liability for offences

[s 590D]

590D Contravening undertaking

(1) The promisee may apply to a relevant tribunal or court for an
order if the person who made an undertaking fails to comply
with the undertaking.
(2) If the relevant tribunal or court is satisfied the person has
failed to comply with the undertaking, the relevant tribunal or
court, as well as imposing any penalty, may make—
(a) an order directing the person to comply with the
undertaking; or
(b) an order discharging the undertaking.
(3) Also, the relevant tribunal or court may make any other order
that the tribunal or court considers appropriate in the
circumstances, including an order directing the person to pay
to the State—
(a) the costs of the proceeding; and
(b) the reasonable costs of the promisee in monitoring
whether the person complies with the undertaking in the
future.
(4) Nothing in this section prevents a proceeding being taken for
the contravention or alleged contravention to which the
undertaking relates.

Part 10.2 Infringement notices

591 Infringement notices

(1) An authorised officer who reasonably believes that a person
has committed a prescribed offence against this Law may
serve the person with an infringement notice issued as an
alternative to prosecution in court for the offence.
(2) The procedures to be followed in connection with
infringement notices issued for the purposes of this Law as
applied in this jurisdiction are to be the procedures prescribed

Page 514 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 10 Sanctions and provisions about liability for offences

[s 592]

by or under the Infringement Notice Offences Law of this

jurisdiction.
(3) In this section—
prescribed offence means an offence prescribed by a law of
this jurisdiction for the purposes of this section.

592 Recording information about infringement penalties

(1) The Regulator may keep a record of—
(a) each infringement notice issued for the purposes of this
Law; and
(b) the payment of a fine sought by an infringement notice
by a person to whom the notice is issued for the
purposes of this Law.
(2) Information in a record kept under subsection (1) may be used
only—
(a) to accumulate aggregate data for research or education;
or
(b) in a proceeding relating to the offence for which the
infringement notice was issued, including, for example,
an appeal against the conviction for the offence; or
(d) for the purposes of section 601(b) or 608(b); or
(e) as authorised under subsection (3).
(3) Information in a record kept under subsection (1)(a) may be
used by authorised officers in connection with the exercise of
functions under this Law.

Current as at 19 February 2024 Page 515

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 10 Sanctions and provisions about liability for offences

[s 593]

Part 10.3 Court sanctions

Division 1 General provisions

593 Penalties court may impose

(1) A court that finds a person guilty of an offence against this
Law may impose any 1 or more of the penalties provided for
in this Part.
(2) Without limiting the court’s discretion, when imposing 2 or
more penalties under this Part, the court must take into
account the combined effect of the penalties imposed.
(3) This Part does not limit the powers or discretion of the court
under another law.

594 Matters court must consider when imposing sanction for

noncompliance with mass, dimension or loading
requirement
(1) The purpose of this section is to bring to a court’s attention the
implications and consequences of a contravention of a mass,
dimension or loading requirement when deciding the kind and
level of sanction to be imposed for the contravention.
(2) In deciding the sanction, including the level of a fine, to be
imposed for the contravention, the court must consider the
following matters—
(a) a minor risk breach of a mass, dimension or loading
requirement involves either or both of the following—
(i) an appreciable risk of accelerated road wear;
(ii) an appreciable risk of unfair commercial
advantage;
(b) a substantial risk breach of a mass, dimension or loading
requirement involves 1 or more of the following—
(i) a substantial risk of accelerated road wear;
Page 516 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 10 Sanctions and provisions about liability for offences

[s 595]

(ii) an appreciable risk of damage to road

infrastructure;
(iii) an appreciable risk of increased traffic congestion;
(iv) an appreciable risk of diminished public amenity;
(v) a substantial risk of unfair commercial advantage;
(c) a severe risk breach of a mass, dimension or loading
requirement involves 1 or more of the following—
(i) an appreciable risk of harm to public safety or the
environment;
(ii) a serious risk of accelerated road wear;
(iii) a serious risk of damage to road infrastructure;
(iv) a serious risk of increased traffic congestion;
(v) a serious risk of diminished public amenity;
(vi) a serious risk of unfair commercial advantage.
(3) This section does not limit the matters the court may consider
in deciding the sanction for the contravention.
(4) Nothing in this section authorises or requires the court to
assign the contravention to a different risk category.
(5) Nothing in this section requires evidence to be adduced about
a matter mentioned in subsection (2).

595 Court may treat noncompliance with mass, dimension or

loading requirement as a different risk category
(1) If a court is satisfied there has been a contravention of a mass,
dimension or loading requirement but is not satisfied the
contravention is a substantial risk breach or a severe risk
breach, the court may treat the contravention as a minor risk
breach.
(2) If a court is satisfied there has been a contravention of a mass,
dimension or loading requirement and that the contravention
is at least a substantial risk breach but is not satisfied the

Current as at 19 February 2024 Page 517

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 10 Sanctions and provisions about liability for offences

[s 596]

contravention is a severe risk breach, the court may treat the

contravention as a substantial risk breach.

Division 2 Provisions about imposing fines

596 Body corporate fines under penalty provision

(1) This section applies to a provision of this Law that—
(a) prescribes a maximum fine for an offence; and
(b) does not expressly prescribe a maximum fine for a body
corporate different to the maximum fine for an
individual.
(2) The maximum fine is taken only to be the maximum fine for
an individual.
(3) If a body corporate is found guilty of the offence, the court
may impose a maximum fine of an amount equal to 5 times
the maximum fine for an individual.

Division 2A Injunctions

596A Injunctions
If a court convicts a person of an offence against this Law, the
court may issue an injunction requiring the person to cease
contravening this Law.
Note—
An injunction may also be obtained under section 576E for
noncompliance with an improvement notice or prohibition notice.

Page 518 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 10 Sanctions and provisions about liability for offences

[s 597]

Division 3 Commercial benefits penalty orders

597 Commercial benefits penalty order

(1) If a court convicts a person of an offence against this Law, the
court may, on application by the prosecutor, make an order (a
commercial benefits penalty order) requiring the person to
pay, as a fine, an amount not exceeding 3 times the amount
estimated by the court to be the gross commercial benefit—
(a) received or receivable, by the person or by an associate
of the person, from the commission of the offence; and
(b) for a journey that was interrupted or not commenced
because of action taken by an authorised officer in
connection with the commission of the offence—that
would have been received or receivable, by the person or
by an associate of the person, from the commission of
the offence had the journey been completed.
(2) In estimating the gross commercial benefit, the court may take
into account—
(a) benefits of any kind, whether or not monetary; and
(b) any other matters it considers relevant, including, for
example—
(i) the value of any goods involved in the offence; and
(ii) the distance over which the goods were, or were to
be, carried.
(3) However, in estimating the gross commercial benefit, the
court must disregard any costs, expenses or liabilities incurred
by the person or by an associate of the person.
(4) Nothing in this section prevents the court from ordering
payment of an amount that is less than the estimated gross
commercial benefit.

Current as at 19 February 2024 Page 519

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 10 Sanctions and provisions about liability for offences

[s 598]

Division 4 Cancelling or suspending

registration

598 Power to cancel or suspend vehicle registration

(1) This section applies if a court convicts a person of—
(a) an offence against this Law relating to a contravention
of a mass, dimension or loading requirement
constituting a severe risk breach; or
(b) an offence against this Law other than an offence
relating to a contravention of a mass, dimension or
loading requirement.
(2) The court may make an order that the registration of a heavy
vehicle in relation to which the offence was committed and of
which the person is a registered operator is cancelled.
Editor’s note—
This subsection is a substituted Queensland provision.
(3) If the court makes an order under subsection (2) against a
person, the court may also make an order that the person, or
an associate of the person, is disqualified from applying for
the registration of the heavy vehicle for a stated period.
(4) If the court considers that another person who is not present in
court may be substantially affected by an order under
subsection (2) or (3), the court may issue a summons to that
person to show cause why the order should not be made.
(5) The court is to ensure that the registration authority for the
heavy vehicle is notified of the decision to make an order
under subsection (2) or (3) and the terms of the order, but
failure to do so does not invalidate the decision or the order.

Division 5 Supervisory intervention orders

599 Application of Div 5

This Division applies if a court—
Page 520 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 10 Sanctions and provisions about liability for offences

[s 600]

(a) convicts a person (the convicted person) of an offence

against this Law; and
(b) considers the person to be, or likely to become, a
systematic or persistent offender of this Law having
regard to the circumstances of offences against this Law
and previous corresponding laws for which the person
has previously been convicted.

600 Court may make supervisory intervention order

(1) The court may, on application by the prosecutor or the
Regulator, make an order (a supervisory intervention order)
requiring the convicted person, at the person’s own expense
and for a stated period of not more than 1 year, to do 1 or more
of the following—
(a) stated things the court considers will improve the
person’s compliance with this Law, or stated aspects of
this Law, including, for example—
(i) appointing staff to, or removing staff from,
particular positions; or
(ii) training and supervising staff; or
(iii) obtaining expert advice about maintaining
compliance with this Law, or stated aspects of this
Law; or
(iv) installing equipment for monitoring or managing
compliance with this Law, or stated aspects of this
Law, including, for example, intelligent transport
system equipment; or
(v) implementing practices, systems or procedures for
monitoring or ensuring compliance with this Law,
or stated aspects of this Law;
(b) implement stated practices, systems or procedures for
monitoring or ensuring compliance with this Law, or
stated aspects of this Law, subject to the direction of the
Regulator or a person nominated by the Regulator;
Current as at 19 February 2024 Page 521
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 10 Sanctions and provisions about liability for offences

[s 601]

(c) give compliance reports about the convicted person to

the Regulator or the court (or both), in a stated way and
for stated periods;
(d) appoint a person to have the following responsibilities—
(i) helping the convicted person to improve the
convicted person’s compliance with this Law or
stated aspects of this Law;
(ii) monitoring the convicted person’s compliance with
this Law or stated aspects of this Law and with the
order;
(iii) giving compliance reports about the convicted
person to the Regulator or the court (or both), in a
stated way and for stated periods.
(2) In this section—
compliance report, about a person in relation to whom a
supervisory intervention order is made, means a report about
the person’s compliance with this Law, stated aspects of this
Law, or the order, including, for example, a report containing
stated information about—
(a) things done by the person to ensure compliance with
this Law or stated aspects of this Law; and
(b) the effect of the things mentioned in paragraph (a).

601 Limitation on making supervisory intervention order

The court may make a supervisory intervention order only if
the court is satisfied the order is capable of improving the
convicted person’s ability or willingness to comply with this
Law having regard to—
(a) the offences against this Law or a previous
corresponding law for which the person has previously
been convicted; and
(b) the offences against this Law or a previous
corresponding law for which the person has been
Page 522 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 10 Sanctions and provisions about liability for offences

[s 602]

proceeded against by way of unwithdrawn infringement

notices; and
(c) any other offences or other matters that the court
considers relevant to the person’s conduct in connection
with road transport.

602 Supervisory intervention order may suspend other

sanctions
(1) A supervisory intervention order may direct that any other
penalty or sanction imposed for the offence to which it relates
is suspended until the order ends unless the court decides
there has been a substantial failure to comply with the order.
(2) For the purposes of subsection (1), a court may decide that a
failure to comply with a supervisory intervention order is a
substantial failure if the failure causes, or creates a risk of,
serious harm to public safety, the environment or road
infrastructure.

603 Amendment or revocation of supervisory intervention

order
A court that makes a supervisory intervention order may, on
application by the Regulator or the person to whom the order
applies, amend or revoke the order if the court is satisfied
there has been a change in circumstances warranting the
amendment or revocation.

604 Contravention of supervisory intervention order

A person to whom a supervisory intervention order applies
must comply with the order, unless the person has a
reasonable excuse.
Maximum penalty—$10000.

Current as at 19 February 2024 Page 523

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 10 Sanctions and provisions about liability for offences

[s 605]

605 Effect of supervisory intervention order if prohibition

order applies to same person
(1) This section applies if both a supervisory intervention order
and a prohibition order is in force at the same time against the
same person.
(2) The supervisory intervention order has no effect while the
prohibition order has effect.

Division 6 Prohibition orders

606 Application of Div 6

This Division applies if a court—
(a) convicts a person (the convicted person) of an offence
against this Law; and
(b) considers the person to be, or likely to become, a
systematic or persistent offender of this Law having
regard to the circumstances of offences against this Law
and previous corresponding laws for which the person
has previously been convicted.

607 Court may make prohibition order

(1) The court may, on application by the prosecutor or the
Regulator, make an order (a prohibition order) prohibiting the
convicted person, for a stated period of not more than 1 year,
from having a stated role or responsibility associated with
road transport.
(2) However, the court can not make a prohibition order
prohibiting the convicted person from driving a vehicle or
having a vehicle registered or licensed under an Australian
road law in the convicted person’s name.

Page 524 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 10 Sanctions and provisions about liability for offences

[s 608]

608 Limitation on making prohibition order

The court may make a prohibition order only if the court is
satisfied the convicted person should not continue to have the
role or responsibilities prohibited by the order, and that a
supervisory intervention order is not appropriate, having
regard to—
(a) the offences against this Law or a previous
corresponding law for which the person has previously
been convicted; and
(b) the offences against this Law or a previous
corresponding law for which the person has been
proceeded against by way of unwithdrawn infringement
notices; and
(c) any other offences or other matters that the court
considers relevant to the person’s conduct in connection
with road transport.

609 Amendment or revocation of prohibition order

A court that makes a prohibition order may, on application by
the Regulator or the person to whom the order applies, amend
or revoke the order if the court is satisfied there has been a
change in circumstances warranting the amendment or
revocation.

610 Contravention of prohibition order

A person to whom a prohibition order applies must comply
with the order, unless the person has a reasonable excuse.
Maximum penalty—$10000.

Current as at 19 February 2024 Page 525

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 10 Sanctions and provisions about liability for offences

[s 611]

Division 7 Compensation orders

611 Court may make compensation order

(1) A court that convicts a person (the convicted person) of an
offence against this Law may make an order (a compensation
order) requiring the convicted person to pay the road manager
for a road, by way of compensation, an amount the court
considers appropriate for loss incurred, or likely to be
incurred, by the road manager for damage caused to road
infrastructure as a result of the offence.
(2) A compensation order may be made on the application of the
prosecutor, the Regulator or the road manager.
(3) The court may make a compensation order in relation to
damage the court considers, on the balance of probabilities,
was caused or partly caused by the commission of the offence.
(4) The court may make a compensation order—
(a) when the court gives its sentence for the offence; or
(b) at a later time, but not after the end of the period within
which a proceeding for the offence must start under this
Law.
Note—
See section 707A for the period within which a proceeding for an
offence against this Law, other than an indictable offence, must start.

612 Assessment of compensation

(1) In making a compensation order, the court may assess the
amount of compensation required to be paid by the order in
the way it considers appropriate, including, for example, by
reference to the estimated cost of remedying the damage.
(2) In assessing the amount of compensation, the court may have
regard to—
(a) evidence adduced in connection with the prosecution of
the offence; and
Page 526 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 10 Sanctions and provisions about liability for offences

[s 613]

(b) any evidence not adduced in connection with the

prosecution of the offence but adduced in connection
with the making of the order; and
(c) if the road manager is a public authority—
(i) any certificate of the public authority stating that
the authority is responsible for maintaining the
road infrastructure in relation to which the order is
sought; and
(ii) any other certificate of the public authority,
including, for example, a certificate—
(A) estimating the monetary value of all or part
of the road infrastructure in relation to which
the order is sought; or
(B) estimating the monetary value of, or the cost
of remedying, the damage to the road
infrastructure in relation to which the order
is sought; or
(C) estimating the extent to which the
commission of the offence contributed to the
damage to the road infrastructure in relation
to which the order is sought; and
(d) any other matters the court considers relevant.
(3) A person who purportedly signs a certificate of a type
mentioned in subsection (2)(c) on behalf of a public authority
is presumed, unless the contrary is proved, to have been
authorised by the public authority to sign the certificate on the
public authority’s behalf.

613 Use of certificates in assessing compensation

(1) If a public authority proposes to submit a certificate
mentioned in section 612(2)(c) in a proceeding for the making
of a compensation order, the public authority must give a copy
of the certificate to the defendant at least 28 days before the
day fixed for the hearing of the proceeding.
Current as at 19 February 2024 Page 527
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 10 Sanctions and provisions about liability for offences

[s 614]

(2) A certificate of the public authority can not be used in a

proceeding for the making of a compensation order unless the
public authority has complied with subsection (1).
(3) A defendant who intends to challenge a matter stated in a
certificate mentioned in section 612(2)(c) in a proceeding for
the making of a compensation order must—
(a) give the public authority notice of the intention to
challenge the matter; and
(b) if the defendant is intending to challenge the accuracy of
any measurement, analysis or reading in the
certificate—
(i) state the reason why the defendant alleges that it is
inaccurate; and
(ii) state the measurement, analysis or reading that the
defendant considers to be correct.
(4) The notice must be—
(a) signed by the defendant; and
(b) given at least 14 days before the day fixed for the
hearing of the proceeding.
(5) A defendant can not challenge a matter stated in a certificate
mentioned in section 612(2)(c) in a proceeding for the making
of a compensation order unless—
(a) the defendant has complied with subsections (3) and (4);
or
(b) the court gives leave to the defendant to challenge the
matter, in the interests of justice.

614 Limits on amount of compensation

(1) If, in making a compensation order, the court is satisfied that
the commission of the offence concerned contributed to
damage to road infrastructure but that other factors not
connected with the commission of the offence also
contributed to the damage, the court must limit the amount of
Page 528 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 10 Sanctions and provisions about liability for offences

[s 615]

compensation payable under the order to the amount it

assesses as being attributable to the defendant’s conduct.
(2) The amount of compensation payable under a compensation
order can not exceed the monetary jurisdictional limit of the
court in civil proceedings.
(3) The court may not include in a compensation order any
amount for—
(a) personal injury or death; or
(b) loss of income (whether suffered by the road manager or
another entity); or
(c) damage to property that is not part of the road
infrastructure concerned.

615 Costs
The court has the same power to award costs in relation to
proceedings for the making of a compensation order as it has
in relation to civil proceedings, and the relevant laws applying
to costs in relation to civil proceedings before the court apply
with any necessary changes to costs in relation to proceedings
for the making of a compensation order.

616 Enforcement of compensation order and costs

A compensation order, and any award of costs in relation to a
proceeding for the making of a compensation order, are taken
to be, and are enforceable as, a judgment of the court sitting in
civil proceedings.

617 Relationship with orders or awards of other courts and

tribunals
(1) A compensation order may not be made in favour of a road
manager for a road in relation to damage to road infrastructure
if another court or tribunal has awarded compensatory
damages or compensation in civil proceedings to the road
Current as at 19 February 2024 Page 529
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 10 Sanctions and provisions about liability for offences

[s 626]

manager in relation to the damage based on the same or

similar facts.
(2) If a court purports to make a compensation order contrary to
subsection (1)—
(a) the order is void to the extent it covers the same matters
as the matters covered by the other award; and
(b) any payments made under the order to the extent to
which it is void must be repaid by the road manager.
(3) The making of a compensation order in relation to damage to
road infrastructure does not prevent another court or tribunal
from later awarding damages or compensation in civil
proceedings in relation to the damage based on the same or
similar facts, but the court or tribunal must take the
compensation order into account when making its award.
(4) Nothing in this Division affects or limits any liability to pay
compensation under another law, other than as provided by
this section.

Part 10.4 Provisions about liability

Division 3 Defences

626 Definition for Div 3

In this Division—
deficiency, of a vehicle, means—
(a) a deficiency of the vehicle or a component of the
vehicle, including, for example, the vehicle—
(i) contravening a heavy vehicle standard; or
(ii) being unsafe; or
(b) a deficiency constituted by the absence of a particular
thing required to be in, or displayed on, the vehicle,

Page 530 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 10 Sanctions and provisions about liability for offences

[s 627]

including, for example, a thing required to be in, or

displayed on, the vehicle under—
(i) a heavy vehicle standard; or
(ii) a condition of a heavy vehicle accreditation or a
mass or dimension authority.

627 Defence for owner or operator of vehicle if offence

committed while vehicle used by unauthorised person
(1) This section applies in relation to an offence against this Law
that may be committed by a person—
(a) in the person’s capacity as an owner or operator of a
vehicle; and
(b) in relation to the use of the vehicle by someone else.
(2) Subject to subsection (3), in a proceeding for an offence
mentioned in subsection (1), it is a defence for the person
charged to prove that, at the relevant time, the vehicle was
being used by—
(a) a person not entitled (expressly, impliedly or otherwise)
to use the vehicle, other than an employee or agent of
the person; or
(b) an employee of the person who was, at the relevant time,
acting outside the scope of the employment; or
(c) an agent of the person who was, at the relevant time,
acting outside the scope of the agency.
(3) If the offence relates to a deficiency of the vehicle, the defence
under subsection (2) is not available unless the person charged
also proves that—
(a) the vehicle had not, before it ceased to be under the
person’s control, been driven on a road in contravention
of this Law arising in connection with the deficiency;
and
(b) one or more material changes, resulting in the
deficiency, had been made after the vehicle had ceased
to be under the person’s control.
Current as at 19 February 2024 Page 531
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 10 Sanctions and provisions about liability for offences

[s 628]

628 Defence for driver of vehicle subject to a deficiency

(1) This section applies to an offence against this Law relating to
a deficiency of a heavy vehicle.
(2) In a proceeding for an offence mentioned in subsection (1)
alleged to be committed by the driver of a heavy vehicle, it is a
defence for the driver to prove that the driver—
(a) did not cause the deficiency and had no responsibility
for or control over the maintenance of the vehicle or its
equipment at any relevant time; and
(b) did not know and could not reasonably be expected to
have known of the deficiency; and
(c) could not reasonably be expected to have sought to
ascertain whether there was or was likely to be a
deficiency of the kind to which the offence relates.

629 Defence of compliance with direction

In a proceeding for an offence against this Law, it is a defence
for the person charged to prove that the conduct constituting
the offence was done in compliance with a direction given—
(a) by an authorised officer; or
(b) by the Regulator (including a delegate of the Regulator);
or
(c) by a person under a law of a State or Territory.

630 Sudden or extraordinary emergency

(1) In a proceeding for an offence against this Law, it is a defence
for the person charged to prove that the conduct constituting
the offence occurred in response to circumstances of sudden
or extraordinary emergency.
(2) This section applies if and only if the person carrying out the
conduct reasonably believed that—
(a) circumstances of sudden or extraordinary emergency
existed; and
Page 532 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 10 Sanctions and provisions about liability for offences

[s 631]

(b) the conduct was the only reasonable way to deal with
the emergency; and
(c) the conduct was a reasonable response to the emergency.

631 Lawful authority

In a proceeding for an offence against this Law, it is a defence
for the person charged to prove that the conduct constituting
the offence is authorised or excused by or under a law.

Division 4 Other provisions about liability

632 Deciding whether person ought reasonably to have

known something
(1) This section applies in relation to a proceeding for an offence
against this Law if it is relevant to prove that someone ought
reasonably to have known something.
(2) A court may consider the following when deciding whether
the person ought reasonably to have known the thing—
(a) the person’s abilities, experience, expertise, knowledge,
qualifications and training;
(b) the circumstances of the offence;
(c) any other relevant matter prescribed by the national
regulations for the purposes of this section.

632A Using code of practice in proceeding

(1) This section applies in a proceeding for an offence against this
Law.
(2) A registered industry code of practice is admissible as
evidence of whether or not a duty or obligation under this Law
has been complied with.
(3) The court may—

Current as at 19 February 2024 Page 533

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 10 Sanctions and provisions about liability for offences

[s 633]

(a) have regard to the code as evidence of what is known

about a hazard or risk, risk assessment, or risk control,
to which the code relates; and
(b) rely on the code in determining what is reasonably
practicable in the circumstances to which the code
relates.
(4) Nothing in this section prevents a person from introducing
evidence of complying with this Law in a way that differs
from the code but that provides a standard of safety or
protection equivalent to or higher than the standard required in
the code.
(5) However, the person may introduce the evidence mentioned in
subsection (4) only if the person has given written notice of
the person’s intention to do so to the complainant at least 28
days before the day fixed for the hearing of the offence.

633 Multiple offenders

(1) This section applies if a provision of this Law provides that,
for a particular act or omission or set of circumstances, each
of 2 or more persons is liable for an offence against a
provision of this Law.
(2) Proceedings may be taken against all or any of the persons in
relation to the act, omission or circumstances.
(3) Proceedings may be taken against any of the persons in
relation to the act, omission or circumstances—
(a) regardless of whether or not proceedings have been
started against any of the other persons in relation to the
act, omission or circumstances; and
(b) regardless of whether or not any proceedings taken
against any of the other persons in relation to the act,
omission or circumstances have ended; and
(c) regardless of the outcome of any proceedings taken
against any of the other persons in relation to the act,
omission or circumstances.
Page 534 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 10 Sanctions and provisions about liability for offences

[s 634]

(4) This section is subject to section 634(1).

634 Multiple offences

(1) A person may be punished only once in relation to the same
contravention of this Law by the person or a heavy vehicle,
even if the person is liable in more than 1 capacity.
(2) A person who has been punished for an act or omission or
circumstances constituting an offence against this Law as it
applies in another participating jurisdiction can not be
punished for an offence against this Law as it applies in this
jurisdiction arising from the same act or omission or
circumstances.
(3) Despite any Act or other law (including subsections (1) and
(2))—
(a) a person may be punished for more than 1 contravention
of a requirement of this Law if the contraventions relate
to different parts of the same vehicle; and
(b) a person may be punished for 1 or more contraventions
of a requirement of this Law as it applies in another
participating jurisdiction (interstate contraventions),
and 1 or more contraventions of a requirement of this
Law as it applies in this jurisdiction (local
contraventions), if the interstate contraventions and
local contraventions relate to different parts of the same
vehicle; and
(c) 2 or more contraventions of a provision by a person that
arise from the same factual circumstances may be
charged as—
(i) a single offence; or
(ii) separate offences.
(4) Subsection (3)(c) does not authorise contraventions of 2 or
more provisions to be charged as a single offence.

Current as at 19 February 2024 Page 535

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 10 Sanctions and provisions about liability for offences

[s 635]

(5) A single penalty only may be imposed in relation to 2 or more

contraventions of a provision that are charged as a single
offence.

635 Responsibility for acts or omissions of representative

(1) This section applies in a proceeding for an offence against this
Law.
(2) If it is relevant to prove a person’s state of mind about a
particular act or omission, it is enough to show—
(a) the act was done or omitted to be done by a
representative of the person within the scope of the
representative’s actual or apparent authority; and
(b) the representative had the state of mind.
(3) An act done or omitted to be done for a person by a
representative of the person within the scope of the
representative’s actual or apparent authority is taken to have
been done or omitted to be done also by the person, unless the
person proves the person could not, by the exercise of
reasonable diligence, have prevented the act or omission.
(4) In this section—
representative means—
(a) for an individual—an employee or agent of the
individual; or
(b) for a corporation—an executive officer, employee or
agent of the corporation or authority.
state of mind, of a person, includes—
(a) the person’s knowledge, intention, opinion, belief or
purpose; and
(b) the person’s reasons for the intention, opinion, belief or
purpose.

Page 536 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 10 Sanctions and provisions about liability for offences

[s 636]

636 Liability of executive officers of corporation

(1) If a corporation commits an offence against a provision of this
Law specified in column 2 of Schedule 4, each executive
officer of the corporation who knowingly authorised or
permitted the conduct constituting the offence also commits
an offence against the provision.
Maximum penalty—the penalty for a contravention of the
provision by an individual.
Note—
See also section 26D for the duty of an executive officer of a
corporation to exercise due diligence to ensure the corporation
complies with its safety duties under this Law.
(4) An executive officer of a corporation may be proceeded
against and convicted for an offence against the provision
whether or not the corporation has been proceeded against or
convicted under that provision.
(5) Nothing in this section affects any liability imposed on a
corporation for an offence committed by the corporation
under the provision.
(6) Nothing in this section affects the application of any other law
relating to the criminal liability of any persons (whether or not
executive officers of the corporation) who are accessories to
the commission of an offence or are otherwise involved in the
contravention giving rise to an offence.
(7) This section does not apply to an executive officer acting on a
voluntary basis, whether or not the officer is reimbursed for
the expenses incurred by the officer for carrying out activities
for the corporation.

637 Treatment of unincorporated partnerships

(1) This Law (other than section 636) applies to an
unincorporated partnership as if it were a corporation, but
with the changes set out in this section.

Current as at 19 February 2024 Page 537

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 10 Sanctions and provisions about liability for offences

[s 638]

(2) An obligation or liability that would otherwise be imposed on

the partnership by this Law is imposed on each partner
instead, but may be discharged by any of the partners.
(3) An amount that would be payable under this Law by the
partnership is jointly and severally payable by the partners.
(4) An offence against a provision of this Law specified in
column 2 of Schedule 4 that would otherwise be committed
by the partnership is taken to have been committed by each
partner who knowingly authorised or permitted the conduct
constituting the offence.
Maximum penalty—the penalty for a contravention of the
provision by an individual.
(7) Nothing in this section affects the application of any other law
relating to the criminal liability of any persons (whether or not
partners in the partnership) who are accessories to the
commission of an offence or are otherwise involved in the
contravention giving rise to an offence.
(8) Subsection (4) does not apply to a partner acting on a
voluntary basis, whether or not the partner is reimbursed for
the expenses incurred by the partner for carrying out activities
for the partnership.
(9) For the purposes of this section, a change in the composition
of the partnership does not affect the continuity of the
partnership.

638 Treatment of other unincorporated bodies

(1) This Law (other than section 636) applies to an
unincorporated body as if it were a corporation, but with the
changes set out in this section.
(2) An obligation or liability that would otherwise be imposed on
the unincorporated body by this Law is imposed on each
management member of the body instead, but may be
discharged by any of the management members.

Page 538 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 10 Sanctions and provisions about liability for offences

[s 639]

(3) An amount that would be payable under this Law by the

unincorporated body is jointly and severally payable by the
management members of the body.
(4) An offence against a provision of this Law specified in
column 2 of Schedule 4 that would otherwise be committed
by the unincorporated body is taken to have been committed
by each management member of the body who knowingly
authorised or permitted the conduct constituting the offence.
Maximum penalty—the penalty for a contravention of the
provision by an individual.
(7) Nothing in this section affects the application of any other law
relating to the criminal liability of any persons (whether or not
management members of the unincorporated body) who are
accessories to the commission of an offence or are otherwise
involved in the contravention giving rise to an offence.
(8) Subsection (4) does not apply to a management member of
the unincorporated body acting on a voluntary basis, whether
or not the member is reimbursed for the expenses incurred by
the member for carrying out activities for the body.
(9) For the purposes of this section, a change in the composition
of the unincorporated body does not affect the continuity of
the body.

639 Liability of registered operator

(1) This section applies to an offence against this Law that may
be committed by the operator of a heavy vehicle (whether or
not any other person can also commit the offence).
(2) If an offence to which this section applies is committed, the
following person is taken to be the operator of the heavy
vehicle and, in that capacity, is taken to have committed the
offence—
(a) for a heavy vehicle that is not a combination—the
registered operator of the vehicle;

Current as at 19 February 2024 Page 539

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 10 Sanctions and provisions about liability for offences

[s 639]

(b) for a heavy combination or the towing vehicle in a heavy

combination—the registered operator of the towing
vehicle in the combination;
(c) for a trailer forming part of a heavy combination—the
registered operator of the towing vehicle in the
combination and the registered operator (if any) of the
trailer.
(3) The registered operator has the same excuses and defences
available to the operator of the heavy vehicle under this Law
or another law.
(4) Subsection (2) does not apply if the registered operator gives
the Regulator an operator declaration—
(a) if an infringement notice for the offence is issued to the
registered operator—within 14 days after the
infringement notice is issued; or
(b) if the registered operator is charged with the offence—
(i) if the charge is to be heard 28 days or less after the
charge comes to the operator’s knowledge—as
soon as practicable after the charge comes to the
registered operator’s knowledge; or
(ii) if the charge is to be heard more than 28 days after
the charge comes to the operator’s knowledge—as
soon as practicable after the charge comes to the
registered operator’s knowledge but at least 28
days before the charge is heard.
(5) If the registered operator gives an operator declaration as
mentioned in subsection (4)—
(a) a proceeding for the offence may be started against the
person named as the operator of the heavy vehicle in the
operator declaration only if a copy of the operator
declaration has been served on the person; and
(b) in a proceeding for the offence against the person named
as the operator of the heavy vehicle in the operator
declaration, the operator declaration is evidence that the
Page 540 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 11 Reviews and appeals

[s 640]

person was the operator of the heavy vehicle at the time

of the offence; and
(c) in a proceeding for the offence against the registered
operator, a court must not find the registered operator
guilty of the offence in the registered operator’s capacity
as the operator of the heavy vehicle if it is satisfied,
whether on the statements in the operator declaration or
otherwise, the registered operator was not the operator
of the heavy vehicle at the time of the offence.
(6) To remove any doubt, it is declared that this section does not
affect the liability of the registered operator in a capacity other
than as the operator of the heavy vehicle.
(7) In this section—
operator declaration means a statutory declaration, made by
the registered operator of a vehicle that is or forms part of a
heavy vehicle the subject of an offence against this Law,
stating—
(a) the registered operator was not the operator of the heavy
vehicle at the time of the offence; and
(b) the name and address of the operator of the heavy
vehicle at the time of the offence.
registered operator, of a vehicle other than a heavy vehicle,
means the registered or licensed operator of the vehicle under
an Australian road law.

Chapter 11 Reviews and appeals

Part 11.1 Preliminary

640 Definitions for Ch 11

In this Chapter—
Current as at 19 February 2024 Page 541
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 11 Reviews and appeals

[s 640]

public safety ground, for a reviewable decision, means the

Regulator being satisfied that making the decision is
necessary to prevent a significant risk to public safety.
relevant appeal body means the relevant tribunal or court for
the relevant jurisdiction.
relevant jurisdiction, for an applicant for the review of a
reviewable decision or an appellant for an appeal against a
review decision, means—
(a) for a reviewable decision made under Division 3 of
Part 4.5 or Division 4 of Part 4.6, or a review decision
relating to a reviewable decision made under Division 3
of Part 4.5 or Division 4 of Part 4.6—
(i) if the areas or routes for which the authorisation
the subject of the reviewable decision was sought
are situated in the same participating
jurisdiction—the jurisdiction in which the areas or
routes are situated; or
(ii) if the areas or routes for which the authorisation
the subject of the reviewable decision was sought
are situated in 2 or more participating
jurisdictions—
(A) the jurisdiction in which most of the areas or
routes are situated, worked out by reference
to the length of road covered by the areas or
routes; or
(B) if there is more than 1 jurisdiction for which
sub-subparagraph (A) is satisfied—any of
the jurisdictions for which sub-subparagraph
(A) is satisfied chosen by the applicant or
appellant; or
(b) for another reviewable decision or review decision—
(i) if the reviewable decision or review decision
relates to only 1 heavy vehicle whose relevant
garage address is in a participating
jurisdiction—the jurisdiction in which the relevant
garage address is located; or
Page 542 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 11 Reviews and appeals

[s 641]

(ii) if the reviewable decision or review decision

relates to 2 or more heavy vehicles whose relevant
garage addresses are in the same participating
jurisdiction—the jurisdiction in which the relevant
garage addresses are located; or
(iii) if the reviewable decision or review decision
relates to 2 or more heavy vehicles whose relevant
garage addresses are located in 2 or more
participating jurisdictions—any of those
jurisdictions chosen by the operator of the
vehicles; or
(iv) otherwise—the participating jurisdiction in which
the applicant’s or appellant’s home address is
located.
review application means an application for review of a
reviewable decision under Part 11.2.
review decision has the meaning given by section 645.
reviewable decision means—
(a) a decision mentioned in Schedule 3; or
(b) a decision made under the national regulations
prescribed as a reviewable decision for the purposes of
this Chapter.
reviewer means a person deciding a review of a reviewable
decision under Part 11.2.

Part 11.2 Internal review

641 Applying for internal review

(1) A dissatisfied person for a reviewable decision may apply to
the Regulator for a review of the decision.
(2) A review application may be made only within 28 days
after—
(a) the day the person is notified of the decision; or
Current as at 19 February 2024 Page 543
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 11 Reviews and appeals

[s 641]

(b) if a provision of this Law requires that the person be

given a statement of reasons for the decision—the day
the statement is given to the person.
(3) However, the Regulator may, at any time, extend the time for
making a review application.
(4) A review application must—
(a) be written; and
(b) be accompanied by the prescribed fee for the
application; and
(c) state in detail the grounds on which the person wants the
reviewable decision to be reviewed.
(5) The person is entitled to receive a statement of reasons for the
reviewable decision whether or not the provision under which
the decision is made requires that the person be given a
statement of reasons for the decision.
(6) If the person is given a decision notice, but not an information
notice, for the reviewable decision—
(a) the decision notice must state that, within 28 days after
the notice is given to the person, the person may ask the
Regulator for a statement of reasons for the decision;
and
(b) the person may, within 28 days after a decision notice
complying with paragraph (a) is given to the person, ask
the Regulator for a statement of reasons for the decision.
(6A) Within 28 days after the request is made under
subsection (6)(b), the Regulator must give the person a
statement of reasons.
(7) The making of a review application does not affect the
reviewable decision, or the carrying out of the reviewable
decision, unless it is stayed under section 642.
(8) In this section—
decision notice, for a decision, means a notice stating—
(a) the decision; or
Page 544 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 11 Reviews and appeals

[s 641]

(b) the review and appeal information for the decision.

dissatisfied person means—
(a) for a reviewable decision of the Regulator made in
relation to an application for an exemption,
authorisation, approval or heavy vehicle accreditation
under this Law—the applicant; or
(b) for a reviewable decision of the Regulator not to make a
decision sought in an application for an amendment of
an exemption, authorisation, approval or heavy vehicle
accreditation under this Law—the applicant; or
(c) for a reviewable decision of the Regulator to amend,
cancel or suspend an exemption, authorisation, approval
or heavy vehicle accreditation under this Law—the
person to whom the exemption, authorisation, approval
or heavy vehicle accreditation was granted; or
(d) for a reviewable decision of the Regulator not to give a
replacement permit for an exemption or authorisation
under this Law or not to give a replacement
accreditation certificate for a heavy vehicle accreditation
under this Law—the person to whom the exemption,
authorisation or heavy vehicle accreditation was
granted; or
(e) for a reviewable decision of the Regulator that a thing or
sample is forfeited to the Regulator—an owner of the
thing or sample; or
(f) for a reviewable decision of an authorised officer to give
a person an improvement notice or prohibition notice, or
to amend an improvement notice or prohibition notice
given to a person—the person to whom the notice was
given; or
(g) for a reviewable decision of a relevant road manager for
a mass or dimension authority—a person adversely
affected by the decision; or
(h) for a reviewable decision made under the national
regulations—the person prescribed as the dissatisfied
person for the decision under the national regulations.
Current as at 19 February 2024 Page 545
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 11 Reviews and appeals

[s 642]

642 Stay of reviewable decisions made by Regulator or

authorised officer
(1) This section applies to—
(a) a reviewable decision made by the Regulator other than
a decision made on the basis of a public safety ground;
or
(b) a reviewable decision made by an authorised officer.
(2) If a person makes a review application for the reviewable
decision, the person may immediately apply for a stay of the
decision to the relevant appeal body.
(3) The relevant appeal body may stay the reviewable decision to
secure the effectiveness of the review and any later appeal to
the body.
(4) In setting the time for hearing the stay application, the
relevant appeal body must allow at least 3 business days
between the day the application is filed with it and the hearing
day.
(5) The Regulator is a party to the application.
(6) The person must serve a copy of the application showing the
time and place of the hearing, and any document filed in the
relevant appeal body with the application, on the Regulator at
least 2 business days before the hearing.
(7) The stay—
(a) may be given on conditions the relevant appeal body
considers appropriate; and
(b) operates for the period specified by the relevant appeal
body; and
(c) may be revoked or amended by the relevant appeal body.
(8) The period of a stay under this section must not extend past
the time when the reviewer reviews the reviewable decision
and any later period the relevant appeal body allows the
applicant to enable the applicant to appeal against the
decision.
Page 546 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 11 Reviews and appeals

[s 643]

643 Referral of applications for review of decisions made by

road managers
(1) This section applies to a review application relating to a
reviewable decision made by a road manager for a road.
Note—
In Schedule 3, only decisions made by a road manager (for a road) that
is a public authority are reviewable decisions.
(2) The Regulator must refer the application to the road manager
for review within 2 business days after receiving it.

644 Internal review

(1) A review of a reviewable decision that was not made by the
Regulator or a road manager personally must not be decided
by—
(a) the person who made the reviewable decision; or
(b) a person who holds a less senior position than the person
who made the reviewable decision.
(2) The reviewer must conduct the review—
(a) on the material before the person who made the
reviewable decision; and
(b) on the reasons for the reviewable decision; and
(c) any other relevant material the reviewer allows.
(3) For the review, the reviewer must give the applicant a
reasonable opportunity to make written or oral representations
to the reviewer.

645 Review decision

(1) The reviewer must, within the prescribed period, make a
decision (the review decision) to—
(a) confirm the reviewable decision; or
(b) amend the reviewable decision; or
(c) substitute another decision for the reviewable decision.
Current as at 19 February 2024 Page 547
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 11 Reviews and appeals

[s 646]

(2) If the review decision confirms the reviewable decision, for

the purpose of an appeal, the reviewable decision is taken to
be the review decision.
(3) If the review decision amends the reviewable decision, for the
purpose of an appeal, the reviewable decision as amended is
taken to be the review decision.
(4) If the review decision substitutes another decision for the
reviewable decision, the substituted decision is taken to be the
review decision.
(5) If the reviewer is a road manager for a road, the reviewer
must, as soon as practicable, give the Regulator notice of the
review decision stating—
(a) the decision; and
(b) the reasons for the decision.
(6) In this section—
prescribed period means—
(a) for a review of a reviewable decision made by a road
manager for a road—
(i) 28 days after the application for the review is given
to the road manager; or
(ii) if the Regulator and road manager have agreed to a
longer period, of not more than 3 months after the
application for the review is given to the road
manager, and the Regulator has given notice of the
longer period to the applicant—the longer period;
or
(b) for a review of another reviewable decision—28 days
after the application for the review is made.

646 Notice of review decision

(1) The Regulator must, within the prescribed period, give the
applicant notice (the review notice) of the review decision.

Page 548 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 11 Reviews and appeals

[s 646]

(2) If the review decision is not the decision sought by the

applicant, the review notice must state the following—
(a) the reasons for the decision;
(b) for a review decision relating to a reviewable decision
made by a road manager for a road—that the review
decision is not subject to further review or appeal under
this Law;
(c) for a review decision relating to another reviewable
decision—
(i) that the applicant may appeal against the decision
under Part 11.3; and
(ii) how to appeal;
(d) for a review decision relating to a reviewable decision
made under Division 3 of Part 4.5 or Division 4 of
Part 4.6 if the areas or routes for which the authorisation
the subject of the reviewable decision was sought are
situated in 2 or more participating jurisdictions—the
jurisdiction in which most of the areas or routes are
situated, worked out by reference to the length of road
covered by the areas or routes.
(3) If the reviewer does not make a review decision within the
period required under section 645, the reviewer is taken to
have made a review decision confirming the reviewable
decision.
(4) In this section—
prescribed period means—
(a) for a review of a reviewable decision made by a road
manager for a road—as soon as practicable, but not
more than 7 days, after the reviewer gives the Regulator
notice of the decision; or
(b) for a review of another reviewable decision—as soon as
practicable.

Current as at 19 February 2024 Page 549

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 11 Reviews and appeals

[s 647]

Part 11.3 Appeals

647 Appellable decisions

(1) A person may appeal to the relevant appeal body against a
review decision relating to a reviewable decision made by the
Regulator or an authorised officer.
(2) A person may appeal against the review decision only within
28 days after—
(a) if a review notice is given to the person under
section 646—the notice was given to the person; or
(b) if the reviewer is taken to have confirmed the decision
under section 646(3)—the period mentioned in that
section ends.
(3) However, the relevant appeal body may extend the period for
appealing.
(4) The filing of an appeal does not affect the review decision, or
the carrying out of the review decision, unless it is stayed
under section 648.

648 Stay of review decision

(1) This section applies if, under this Law, a person appeals to the
relevant appeal body against a review decision relating to—
(a) a reviewable decision made by the Regulator other than
on the basis of a public safety ground; or
(b) a reviewable decision made by an authorised officer.
(2) The person may immediately apply to the relevant appeal
body for a stay of the decision.
(3) The relevant appeal body may stay the review decision to
secure the effectiveness of the appeal.
(4) In setting the time for hearing the stay application, the
relevant appeal body must allow at least 3 business days

Page 550 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 11 Reviews and appeals

[s 649]

between the day the application is filed with it and the hearing
day.
(5) The Regulator is a party to the application.
(6) The person must serve a copy of the application showing the
time and place of the hearing, and any document filed in the
relevant appeal body with the application, on the Regulator at
least 2 business days before the hearing.
(7) The stay—
(a) may be given on conditions the relevant appeal body
considers appropriate; and
(b) operates for the period specified by the relevant appeal
body, but not extending past the time when it decides the
appeal; and
(c) may be revoked or amended by the relevant appeal body.

649 Powers of relevant appeal body on appeal

(1) In deciding, under this Law, an appeal against a review
decision, the relevant appeal body—
(a) has the same powers as the person who made the
reviewable decision to which the review decision
relates; and
(b) is not bound by the rules of evidence; and
(c) must comply with natural justice.
(2) An appeal is by way of rehearing—
(a) unaffected by the review decision; and
(b) on the material before the person who made the review
decision and any further evidence allowed by the
relevant appeal body.
(3) After hearing the appeal, the relevant appeal body must—
(a) confirm the review decision; or
(b) set aside the review decision and substitute another
decision that it considers appropriate; or
Current as at 19 February 2024 Page 551
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 12 Administration

[s 650]

(c) set aside the review decision and return the issue to the
person who made the reviewable decision to which the
review decision relates with the directions that it
considers appropriate.

650 Effect of decision of relevant appeal body on appeal

If, under this Law, the relevant appeal body substitutes
another decision for a review decision, the substituted
decision is, for the relevant provision of this Law, taken to be
that of the person who made the reviewable decision to which
the review decision relates.

Chapter 12 Administration

Part 12.1 Responsible Ministers

651 Policy directions

(1) The responsible Ministers may give directions to the
Regulator about the policies to be applied by the Regulator in
exercising its functions under this Law.
(2) A direction under this section can not be about—
(a) a particular person; or
(b) a particular heavy vehicle; or
(c) a particular application or proceeding.
(3) The Regulator must comply with a direction given to it by the
responsible Ministers under this section.
(4) A copy of a direction given by the responsible Ministers to the
Regulator is to be published in the Regulator’s annual report.

Page 552 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 12 Administration

[s 652]

652 Referral of matters etc. by responsible Minister

(1) The responsible Minister for a participating jurisdiction
may—
(a) refer a matter relevant to that jurisdiction to the
Regulator for action under this Law; or
(b) ask the Regulator for information about the exercise of
the Regulator’s functions under this Law as applied in
that jurisdiction.
(2) However, the Minister can not—
(a) refer a matter to the Regulator under subsection (1)(a)
that may require the Regulator to take action that is
inconsistent with—
(i) a direction given by the responsible Ministers
under section 651; or
(ii) the approved guidelines; or
(b) direct the Regulator to take or not to take particular
action in relation to a matter referred to the Regulator
under subsection (1)(a); or
(c) otherwise influence the exercise of the Regulator’s
functions under this Law.
(3) The Regulator may charge a fee for dealing with a referral or
request made under subsection (1).
(4) A fee charged by the Regulator under subsection (3) must be
an amount—
(a) the Regulator considers reasonable; and
(b) that is no more than the reasonable cost of dealing with
the referral or request.
(5) Section 740(2) to (4) do not apply to a fee charged by the
Regulator under subsection (3).

Current as at 19 February 2024 Page 553

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 12 Administration

[s 653]

653 Approved guidelines for exemptions, authorisations,

permits and other authorities
(1) The responsible Ministers may approve guidelines about any
of the following—
(b) granting vehicle standards exemptions;
(c) granting mass or dimension exemptions;
(d) granting class 2 heavy vehicle authorisations;
(e) granting electronic recording system approvals;
(f) granting work and rest hours exemptions;
(g) granting work diary exemptions;
(h) granting fatigue record keeping exemptions;
(i) granting heavy vehicle accreditation;
(j) granting or issuing an exemption, authorisation, permit
or authority, or making a declaration, under the national
regulations;
(k) granting PBS design approvals and PBS vehicle
approvals;
(l) other matters as referred to in—
(i) paragraph (a)(ii) of the definition road condition in
section 154; or
(ii) section 156A(1)(a)(ii); or
(iii) section 163(1)(b)(ii)(B); or
(iv) section 174(1)(b); or
(v) section 178(1)(b).
(2) The guidelines, and any instrument amending or repealing the
guidelines, must be published in the Commonwealth Gazette.
(3) The Regulator must ensure a copy of the guidelines as in force
from time to time and any document applied, adopted or
incorporated by the guidelines is—

Page 554 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 12 Administration

[s 654]

(a) made available for inspection, without charge, during

normal business hours at each office of the Regulator;
and
(b) published on the Regulator’s website.

654 Other approvals

(1) The responsible Ministers may approve—
(a) a standard for sleeper berths; or
(b) standards and business rules for—
(i) advanced fatigue management; or
(ii) basic fatigue management; or
(iii) heavy vehicle maintenance management; or
(iv) heavy vehicle mass management; or
(c) a class of auditors for the purposes of Chapter 8.
(2) The approval, and any instrument amending or repealing the
approval, must be published in the Commonwealth Gazette.
(3) The Regulator must ensure a copy of an approval in force
under subsection (1), and any document the subject of the
approval, is—
(a) made available for inspection, without charge, during
normal business hours at each office of the Regulator;
and
(b) published on the Regulator’s website.

655 How responsible Ministers exercise functions

(1) The responsible Ministers are to give a direction or approval,
or make a recommendation, request or decision, for the
purposes of a provision of this Law by a resolution passed by
the responsible Ministers in accordance with the procedures
decided by the responsible Ministers.
(2) Subsection (1) applies subject to the following—
Current as at 19 February 2024 Page 555
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 12 Administration

[s 655A]

(a) subsection (3);

(b) a provision of this Law that provides how a direction or
approval must be given, or a recommendation, request
or decision must be made, by the responsible Ministers,
including, for example, a provision that provides that a
recommendation by the responsible Ministers must be
unanimous.
(3) The Commonwealth responsible Minister may decide whether
or not to participate in the exercise of a function given to the
responsible Ministers under this Law and, if the
Commonwealth responsible Minister decides not to
participate, the following apply in relation to the exercise of
the function—
(a) a reference in this Law to the responsible Ministers is
taken to be a reference to a group of Ministers
consisting of the responsible Minister for each
participating jurisdiction;
(b) a direction, approval, recommendation, request or
decision by the responsible Ministers is taken to be
unanimous if the responsible Minister for each
participating jurisdiction agrees with the direction,
approval, recommendation, request or decision.
(4) An act or thing done by the responsible Ministers (whether by
resolution, instrument or otherwise) does not cease to have
effect merely because of a change in the Ministers comprising
the responsible Ministers.

655A Delegation by responsible Ministers

(1) The responsible Ministers may delegate to the Board the
function of approving a minor amendment of—
(a) a guideline mentioned in section 653; or
(b) an approval mentioned in section 654.
(2) In this section—

Page 556 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 12 Administration

[s 656]

minor amendment, of a guideline or approval, means an

amendment of the guideline or approval in a minor respect—
(a) for a formal or clerical reason; or
(b) in another way that does not—
(i) increase a safety risk; or
(ii) increase a risk of damage to road infrastructure; or
(iii) cause an adverse effect on public amenity; or
(iv) make a person liable to a penalty.

Part 12.2 National Heavy Vehicle

Regulator

Division 1 Establishment, functions and

powers

656 Establishment of National Heavy Vehicle Regulator

(1) The National Heavy Vehicle Regulator is established.
(2) It is the intention of the Parliament of this jurisdiction that this
Law as applied by an Act of this jurisdiction, together with
this Law as applied by Acts of the other participating
jurisdictions, has the effect that the National Heavy Vehicle
Regulator is one single national entity, with functions
conferred by this Law as so applied.
(3) The Regulator has power to do acts in or in relation to this
jurisdiction in the exercise of a function expressed to be
conferred on it by this Law as applied by Acts of each
participating jurisdiction.
(4) The Regulator may exercise its functions in relation to—
(a) one participating jurisdiction; or
(b) 2 or more or all participating jurisdictions collectively.

Current as at 19 February 2024 Page 557

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 12 Administration

[s 657]

657 Status of Regulator

(1) The Regulator—
(a) is a body corporate with perpetual succession; and
(b) has a common seal; and
(c) may sue and be sued in its corporate name.
(2) The Regulator represents the State.

658 General powers of Regulator

(1) The Regulator has all the powers of an individual and, in
particular, may—
(a) enter into contracts; and
(b) acquire, hold, dispose of, and deal with, real and
personal property; and
(c) do anything necessary or convenient to be done in the
exercise of its functions.
(2) Without limiting subsection (1), the Regulator may enter into
an agreement with a State or Territory that makes provision
for—
(a) the State or Territory to provide services to the
Regulator that assist the Regulator in exercising its
functions; or
(b) the Regulator to provide services to the State or
Territory relating to the functions of the Regulator under
this Law.

659 Functions of Regulator

(1) The Regulator’s main function is to achieve the object of this
Law.
(2) Without limiting subsection (1), the Regulator has the
following functions—

Page 558 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 12 Administration

[s 659]

(a) to provide the necessary administrative services for the

operation of this Law, including, for example, collecting
fees, charges and other amounts payable under this Law;
(aa) to keep the database of heavy vehicles;
(b) to monitor compliance with this Law;
(c) to investigate contraventions or possible contraventions
of provisions of this Law, including offences against this
Law;
(d) to bring and conduct proceedings in relation to
contraventions or possible contraventions of provisions
of this Law, including offences against this Law;
(e) to bring and conduct, or conduct and defend, appeals
from decisions in proceedings mentioned in
paragraph (d);
(f) to conduct reviews of particular decisions made under
this Law by the Regulator or authorised officers;
(g) to conduct and defend appeals from decisions on
reviews mentioned in paragraph (f);
(h) to implement and manage an audit program for heavy
vehicle accreditations granted under this Law;
(i) to monitor and review, and report to the responsible
Ministers on, the operation of this Law, including, for
example, monitoring, reviewing and reporting on—
(i) the extent to which the object of this Law or
particular aspects of this Law are being achieved;
and
(ii) the extent and nature of noncompliance with this
Law; and
(iii) the outcome of activities for monitoring and
investigating compliance with this Law; and
(iv) the effect of heavy vehicle accreditation on
achieving the object of this Law or particular
aspects of this Law; and
Current as at 19 February 2024 Page 559
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 12 Administration

[s 660]

(v) the effect of modifications to this Law as it applies

in a particular participating jurisdiction on
achieving the object of this Law or particular
aspects of this Law;
(j) to identify and promote best practice methods—
(i) for complying with this Law; and
(ii) for managing risks to public safety arising from the
use of heavy vehicles on roads; and
(iii) for the productive and efficient road transport of
goods or passengers by heavy vehicles;
(k) to encourage and promote safe and productive business
practices of persons involved in the road transport of
goods or passengers by heavy vehicles that do not
compromise the object of this Law;
(ka) to provide advice, information and education to persons
with duties or obligations under this Law about
compliance with the duties or obligations;
(l) to work collaboratively with other law enforcement
agencies to ensure a nationally consistent approach for
enforcing contraventions of laws involving heavy
vehicles;
(m) to work collaboratively with road managers, the
National Transport Commission and industry bodies to
ensure a wide understanding of the object of this Law or
particular aspects of this Law, and encourage
participation in achieving the object;
(n) the other functions conferred on it under this Law.

660 Cooperation with participating jurisdictions and

Commonwealth
(1) The Regulator may exercise any of its functions in
cooperation with or with the assistance of a participating
jurisdiction or the Commonwealth, including in cooperation

Page 560 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 12 Administration

[s 661]

with or with the assistance of a government agency of a

participating jurisdiction or of the Commonwealth.
(2) In particular, the Regulator may—
(a) ask a government agency of a participating jurisdiction
or the Commonwealth for information that the
Regulator requires to exercise its functions under this
Law; and
(b) use the information provided to exercise its functions
under this Law.
(c) give information to a government agency of a
participating jurisdiction or the Commonwealth that the
agency requires to exercise its functions under a law of
the participating jurisdiction or the Commonwealth.
(3) A government agency that receives a request for information
under this section from the Regulator is authorised to give the
information to the Regulator.
(4) A government agency that receives information under this
section from the Regulator is authorised to use the
information only to exercise its functions mentioned in
subsection (2)(c).

661 Delegation
(1) The Regulator may delegate any of its functions to—
(a) the chief executive of an entity or a department of
government of a participating jurisdiction or the
Commonwealth; or
(b) the chief executive officer or another member of the
staff of the Regulator; or
(c) a person engaged as a contractor by the Regulator; or
(d) any other person whom the Regulator considers is
appropriately qualified to exercise the function.
(2) A delegation of a function may permit the subdelegation of
the function to an appropriately qualified person.
Current as at 19 February 2024 Page 561
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 12 Administration

[s 662]

Note—
See section 29 of Schedule 1 which provides for matters relating to the
delegation and subdelegation of functions.

Division 2 Governing board of Regulator

Subdivision 1 Establishment and functions

662 Establishment of National Heavy Vehicle Regulator Board

(1) The Regulator has a governing board known as the National
Heavy Vehicle Regulator Board.
(2) It is the intention of the Parliament of this jurisdiction that this
Law as applied by an Act of this jurisdiction, together with
this Law as applied by Acts of the other participating
jurisdictions, has the effect that the National Heavy Vehicle
Regulator Board is one single national entity, with functions
conferred by this Law as so applied.
(3) The Board has power to do acts in or in relation to this
jurisdiction in the exercise of a function expressed to be
conferred on it by this Law as applied by Acts of each
participating jurisdiction.
(4) The Board may exercise its functions in relation to—
(a) one participating jurisdiction; or
(b) 2 or more or all participating jurisdictions collectively.

663 Membership of Board

(1) The Board consists of 5 members appointed by the
Queensland Minister on the unanimous recommendation of
the responsible Ministers.
(2) The members of the Board must consist of—
(a) at least 1 member who has expertise in transportation
policy; and
Page 562 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 12 Administration

[s 664]

(b) at least 1 other member who has expertise in economics,

law, accounting, social policy or education and training;
and
(c) at least 1 other member who has experience in managing
risks to public safety arising from the use of vehicles on
roads; and
(d) at least 1 other member who has financial management
skills, business skills, administrative expertise or other
skills or experience the responsible Ministers believe is
appropriate.
(3) Of the members of the Board, one is to be appointed by the
Queensland Minister, on the unanimous recommendation of
the responsible Ministers, as the Chairperson of the Board and
another as the Deputy Chairperson.

664 Functions of Board

(1) The affairs of the Regulator are to be controlled by the Board.
(2) Without limiting subsection (1), the Board’s functions include
the following—
(a) subject to any directions of the responsible Ministers,
deciding the policies of the Regulator;
(b) ensuring the Regulator exercises its functions in a
proper, effective and efficient way.
(3) All acts and things done in the name of, or on behalf of, the
Regulator by or with the authority of the Board are taken to
have been done by the Regulator.
(4) The Board has any other functions given to the Board under
this Law.

Current as at 19 February 2024 Page 563

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 12 Administration

[s 665]

Subdivision 2 Members

665 Terms of office of members

(1) Subject to this Division, a member of the Board holds office
for the period, not more than 3 years, specified in the
member’s instrument of appointment.
(2) If otherwise qualified, a member of the Board is eligible for
reappointment.

666 Remuneration
A member of the Board is entitled to be paid the remuneration
and allowances decided by the responsible Ministers from
time to time.

667 Vacancy in office of member

(1) The office of a member of the Board becomes vacant if the
member—
(a) completes a term of office; or
(b) resigns the office by signed notice given to the
responsible Ministers; or
(c) has been found guilty of an offence, whether in a
participating jurisdiction or elsewhere, that the
responsible Ministers consider renders the member unfit
to continue to hold the office of member; or
(d) becomes bankrupt, applies to take the benefit of any law
for the relief of bankrupt or insolvent debtors,
compounds with the member’s creditors or makes an
assignment of the member’s remuneration for their
benefit; or
(e) is absent, without leave first being granted by the
relevant entity, from 3 or more consecutive meetings of
the Board of which reasonable notice has been given to
the member personally or by post; or
Page 564 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 12 Administration

[s 668]

(f) is removed from office by the Queensland Minister

under this section; or
(g) dies.
(2) The Queensland Minister may remove a member of the Board
from office if the responsible Ministers recommend the
removal of the member on the basis that the member has
engaged in misconduct or has failed to or is unable to properly
exercise the member’s functions as a member of the Board.
(3) In this section—
relevant entity means—
(a) for a member who is the Chairperson of the Board—the
responsible Ministers; or
(b) for another member—the Chairperson of the Board.

668 Board member to give responsible Ministers notice of

certain events
A member of the Board must, within 7 days of either of the
following events occurring, give the responsible Ministers
notice of the event—
(a) the member is convicted of an offence;
(b) the member becomes bankrupt, applies to take the
benefit of any law for the relief of bankrupt or insolvent
debtors, compounds with the member’s creditors or
makes an assignment of the member’s remuneration for
their benefit.

669 Extension of term of office during vacancy in

membership
(1) If the office of a member of the Board becomes vacant
because the member has completed the member’s term of
office, the member is taken to continue to be a member during
that vacancy until the date on which the vacancy is filled,
whether by re-appointment of the member or appointment of a
successor to the member.
Current as at 19 February 2024 Page 565
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 12 Administration

[s 670]

(2) However, this section ceases to apply to the member if—

(a) the member resigns the member’s office by signed
notice given to the responsible Ministers; or
(b) the responsible Ministers decide the services of the
member are no longer required.
(3) The maximum period for which a member of the Board is
taken to continue to be a member under this section after
completion of the member’s term of office is 6 months.

670 Members to act in public interest

A member of the Board is to act impartially and in the public
interest in the exercise of the member’s functions as a
member.

671 Disclosure of conflict of interest

(1) If a member of the Board has a direct or indirect pecuniary or
other interest that conflicts or may conflict with the exercise
of the member’s functions as a member, the member must, as
soon as possible after the relevant facts have come to the
member’s knowledge, disclose the nature of the member’s
interest and the conflict to—
(a) for a member who is the Chairperson of the Board—the
responsible Ministers; or
(b) for another member—the Chairperson of the Board.
(2) If a disclosure is made under subsection (1), the entity to
whom the disclosure is made must notify the Board of the
disclosure.
(3) Particulars of any disclosure made under subsection (1) must
be recorded by the Board in a register of interests kept for the
purpose.
(4) After a member of the Board has disclosed the nature of an
interest and conflict or potential conflict under subsection (1),
the member must not be present during any deliberation of the
Board with respect to any matter that is, or may be, affected
Page 566 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 12 Administration

[s 672]

by the conflict, or take part in any decision of the Board with

respect to any matter that is, or may be, affected by the
conflict, unless—
(a) for a member who is the Chairperson of the Board, the
responsible Ministers otherwise decide; or
(b) for another member, the Board otherwise decides.
(5) For the purposes of the making of a decision by the Board
under subsection (4) in relation to a matter, a member of the
Board who has a direct or indirect pecuniary or other interest
that conflicts or may conflict with the exercise of the
member’s functions as a member with respect to the matter
must not—
(a) be present during any deliberation of the Board for the
purpose of making the decision; or
(b) take part in the making of the decision by the Board.
(6) A contravention of this section does not invalidate any
decision of the Board but if the Board becomes aware a
member of the Board contravened this section, the Board must
reconsider any decision made by the Board in which the
member took part in contravention of this section.

Subdivision 3 Meetings

672 General procedure

(1) The procedure for the calling of meetings of the Board and for
the conduct of business at the meetings is, subject to this Law,
to be decided by the Board.
(2) Without limiting subsection (1), the Chairperson of the
Board—
(a) may at any time call a meeting of the Board; and
(b) must call a meeting if asked, in writing, by at least 3
other members of the Board.

Current as at 19 February 2024 Page 567

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 12 Administration

[s 673]

673 Quorum
The quorum for a meeting of the Board is a majority of its
members.

674 Chief executive officer may attend meetings

(1) The chief executive officer of the Regulator may attend
meetings of the Board and participate in discussions of the
Board.
(2) However, the chief executive officer—
(a) must, as soon as possible after becoming aware that the
chief executive officer has a direct personal interest in a
matter to be considered by the Board, disclose the
interest to the Chairperson of the Board; and
(b) is not entitled to be present during the consideration by
the Board of any matter in which the chief executive
officer has a direct personal interest; and
(c) is not entitled to vote at a meeting.

675 Presiding member

(1) The Chairperson of the Board is to preside at a meeting of the
Board.
(2) However, in the absence of the Chairperson of the Board the
following person is to preside at a meeting of the Board—
(a) if the Deputy Chairperson of the Board is present at the
meeting, the Deputy Chairperson;
(b) otherwise, a person elected by the members of the Board
who are present at the meeting.
(3) The presiding member has a deliberative vote and, in the event
of an equality of votes, has a second or casting vote.

Page 568 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 12 Administration

[s 676]

676 Voting
A decision supported by a majority of the votes cast at a
meeting of the Board at which a quorum is present is the
decision of the Board.

677 Minutes
The Chairperson or other member of the Board presiding at a
meeting of the Board must ensure minutes of the meeting are
taken.

678 First meeting

The Chairperson of the Board may call the first meeting of the
Board in any way the Chairperson thinks fit.

679 Defects in appointment of members

A decision of the Board is not invalidated by any defect or
irregularity in the appointment of any member of the Board.

Subdivision 4 Committees

680 Committees
(1) The Board may establish committees to assist the Board in
exercising its functions.
(2) The members of a committee need not be members of the
Board.
(3) A member of a committee is appointed on the terms and
conditions the Board considers appropriate, including terms
about remuneration.
(4) The procedure for the calling of meetings of a committee and
for the conduct of business at the meetings may be decided by
the Board or, subject to any decision of the Board, by the
committee.
Current as at 19 February 2024 Page 569
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 12 Administration

[s 681]

Division 3 Chief executive officer

681 Chief executive officer

(1) There is to be a chief executive officer of the Regulator.
(2) The chief executive officer is to be appointed by the Board.
(3) The chief executive officer is to be appointed for a period, not
more than 5 years, specified in the officer’s instrument of
appointment.
(4) The chief executive officer is eligible for re-appointment.
(5) The chief executive officer is taken, while holding that office,
to be a member of the staff of the Regulator.

682 Functions of chief executive officer

The chief executive officer of the Regulator—
(a) is responsible for the day-to-day management of the
Regulator; and
(b) has any other functions conferred on the chief executive
officer by the Board.

683 Delegation by chief executive officer

The chief executive officer of the Regulator may delegate any
of the functions conferred on the officer, other than this power
of delegation, to—
(a) an appropriately qualified member of the staff of the
Regulator; or
(b) the chief executive of an entity, or a department of
government, of a participating jurisdiction.

Page 570 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 12 Administration

[s 684]

Division 4 Staff

684 Staff
(1) The Regulator may, for the purpose of exercising its functions,
employ staff.
(2) The staff of the Regulator are to be employed on the terms and
conditions decided by the Regulator from time to time.
(3) Subsection (2) is subject to any relevant industrial award or
agreement that applies to the staff.

685 Staff seconded to Regulator

The Regulator may make arrangements for the services of any
of the following persons to be made available to the Regulator
in connection with the exercise of its functions—
(a) a member of the staff of a government agency of the
Commonwealth, a State or a Territory;
(b) a member of the staff of a local government authority.

686 Consultants and contractors

(1) The Regulator may engage persons with suitable
qualifications and experience as consultants or contractors.
(2) The terms and conditions of engagement of consultants or
contractors are as decided by the Regulator from time to time.

Part 12.2A Database of heavy vehicles

686A Database of heavy vehicles

(1) The Regulator must keep a database of heavy vehicles that
enables the identification of a heavy vehicle registered under a
law of a participating jurisdiction and the registered operator
of the vehicle.
Current as at 19 February 2024 Page 571
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 12 Administration

[s 686B]

(2) The database of heavy vehicles must—

(a) be kept in the way prescribed by the national
regulations; and
(b) contain the information prescribed by the national
regulations.
(3) The Regulator may include in the database of heavy vehicles
other information the Regulator considers relevant to the
objects of this Law, including information given by another
Australian jurisdiction to the Regulator.
(4) The Regulator may require a registration authority that
registers a heavy vehicle under a law of a participating
jurisdiction to give the Regulator the information prescribed
under subsection (2)(b) as soon as reasonably practicable after
the registration authority receives the information.
(5) If the registration authority becomes aware of a change to the
information given to the Regulator under subsection (4), the
registration authority must, as soon as reasonably practicable
after becoming aware of the change, notify the Regulator of
the change.

686B Regulator may share information in database of heavy

vehicles
The Regulator may give information included in the database
of heavy vehicles to—
(a) a registration authority for a participating jurisdiction or
another Australian jurisdiction; or
(b) a police force or police service for a participating
jurisdiction or another Australian jurisdiction.

Page 572 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 12 Administration

[s 687]

Part 12.3 Miscellaneous

Division 1 Finance

687 National Heavy Vehicle Regulator Fund

(1) The National Heavy Vehicle Regulator Fund is established.
(2) The Fund is to be administered by the Regulator.
(3) The Regulator may establish accounts with any financial
institution for money in the Fund.
(4) The Fund does not form part of the consolidated fund or
consolidated account (however described) of a participating
jurisdiction or the Commonwealth.

688 Payments into Fund

(1) There is payable into the Fund (except as provided by
subsection (2))—
(a) all money appropriated by the Parliament of any
participating jurisdiction or the Commonwealth for the
purposes of the Fund; and
(b) all fees, charges, costs and expenses paid to or recovered
by the Regulator under this Law; and
(c) the proceeds of the investment of money in the Fund;
and
(d) all grants, gifts and donations made to the Regulator, but
subject to any trusts declared in relation to the grants,
gifts or donations; and
(e) all money directed or authorised to be paid into the Fund
under this Law, any law of a participating jurisdiction or
any law of the Commonwealth; and
(f) any other money or property received by the Regulator
in connection with the exercise of its functions; and

Current as at 19 February 2024 Page 573

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 12 Administration

[s 689]

(g) any money paid to the Regulator for the provision of

services to a State or Territory under an agreement
mentioned in section 658(2)(b).
(2) Money that is received by the Regulator under an agreement
mentioned in section 658(2)(b) and that is payable to another
entity under the agreement is not payable into the Fund.

689 Payments out of Fund

Payments may be made from the Fund for the purpose of—
(a) paying any costs or expenses, or discharging any
liabilities, incurred in the administration or enforcement
of this Law, including, for example, payments made to a
State or Territory for the provision of services under an
agreement mentioned in section 658(2)(a); and
(b) paying any money directed or authorised to be paid out
of the Fund under this Law; and
(c) making any other payments recommended by the
Regulator and approved by the responsible Ministers.

690 Investment by Regulator

(1) The Regulator must invest its funds in a way that is secure and
provides a low risk so that the Regulator’s exposure to the loss
of funds is minimised.
(2) The Regulator must keep records that show it has invested in a
way that complies with subsection (1).

691 Financial management duties of Regulator

The Regulator must—
(a) ensure its operations are carried out efficiently,
effectively and economically; and
(b) keep proper books and records in relation to the Fund
and other money received by the Regulator; and

Page 574 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 12 Administration

[s 692]

(c) ensure expenditure is made from the Fund for lawful

purposes only and, as far as possible, that reasonable
value is obtained for money expended from the Fund;
and
(d) ensure its procedures, including internal control
procedures, afford adequate safeguards with respect
to—
(i) the correctness, regularity and propriety of
payments made from the Fund; and
(ii) receiving and accounting for payments made to the
Fund; and
(iii) prevention of fraud or mistake; and
(e) take any action necessary to ensure the preparation of
accurate financial statements in accordance with
Australian Accounting Standards for inclusion in its
annual report; and
(f) take any action necessary to facilitate the audit of the
financial statements under this Law; and
(g) arrange for any further audit by a qualified person of the
books and records kept by the Regulator if directed to do
so by the responsible Ministers.

692 Amounts payable to other entities

(1) The Regulator may establish accounts with any financial
institution for money referred to in section 688(2), pending
payment of the money to States, Territories or other entities
entitled to receive it under—
(a) applicable agreements mentioned in section 658(2)(b);
or
(b) arrangements approved by the responsible Ministers, to
the extent applicable agreements do not make provision
for payment.
(2) Money in an account established under this section does not
form part of the consolidated fund or consolidated account
Current as at 19 February 2024 Page 575
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 12 Administration

[s 693]

(however described) of a participating jurisdiction or the

Commonwealth.

Division 2 Reporting and planning

arrangements

693 Annual report

(1) The Regulator must, within 3 months after the end of each
financial year, give the responsible Ministers an annual report
for the financial year.
(2) The annual report must—
(a) include for the period to which the report relates—
(i) the financial statements that have been audited by
an auditor decided by the responsible Ministers;
and
(ii) a statement of actual performance measured
against the National Performance Measures
(Standards and Indicators) outlined in the current
corporate plan under section 695; and
(iii) a statement of exceptions where the National
Performance Measures (Standards and Indicators)
were not achieved, including a statement of issues
that impacted on the achievement of the measures;
and
(iv) a statement of trend analysis relating to
performance measured against the National
Performance Measures (Standards and Indicators);
and
(v) a statement of the outcome of consultation
strategies and activities, including a summary of
industry comments; and
(vi) a statement of the achievements attained in
implementing, and the challenges encountered in
Page 576 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 12 Administration

[s 694]

implementing, the Regulator’s objectives stated in

the current corporate plan; and
(vii) a statement of the achievements attained in the
exercise of the Regulator’s functions; and
(viii) a statement of arrangements in place to secure
collaboration with State and Territory agencies and
the effectiveness of those arrangements; and
(ix) a statement indicating the nature of any reports
requested by the responsible Ministers under
section 694; and
(x) other matters required by the national regulations;
and
(b) be prepared in the way required by the national
regulations.
(3) Without limiting subsection (2)(b), the national regulations
may provide—
(a) that the financial statements are to be prepared in
accordance with Australian Accounting Standards; and
(b) for the auditing of the financial statements.
(4) The responsible Ministers are to make arrangements for the
tabling of the Regulator’s annual report in each House of the
Parliament of each participating jurisdiction and of the
Commonwealth.
(5) As soon as practicable after the annual report has been tabled
in at least one House of the Parliament of a participating
jurisdiction, the Regulator must publish a copy of the report
on the Regulator’s website.

694 Other reports

The responsible Ministers may, by written direction given to
the Regulator, require the Regulator to give to the responsible
Ministers, within the period stated in the direction, a report
about any matter that relates to the exercise by the Regulator
of its functions.
Current as at 19 February 2024 Page 577
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 12 Administration

[s 695]

695 Corporate plans

(1) The Regulator must, on an annual basis, prepare and give to
the responsible Ministers for approval by the Ministers a
corporate plan for each 3 year period.
(2) The corporate plan must—
(a) outline the Regulator’s objectives for the 3 year period;
and
(b) state how the Regulator’s objectives will be
implemented during the 3 year period; and
(c) contain a statement outlining the National Performance
Measures (Standards and Indicators), determined by the
Regulator under subsection (4), for the 3 year period,
including (but not limited to) annual measures for each
of the 3 years specifying—
(i) the standards expected to be complied with for
each year; and
(ii) the performance indicators proposed to be used for
measuring the Regulator’s progress in
implementing the Regulator’s objectives during the
year; and
(d) identify any challenges and risks that the Regulator
reasonably believes may have a significant impact,
during the 3 year period, on—
(i) the Regulator’s ability to implement the
Regulator’s objectives; and
(ii) the achievement of the object of this Law; and
(iii) the exercise of the Regulator’s functions; and
(e) include the Regulator’s proposed budget for each
financial year commencing within the 3 year period.
(3) The Regulator must, by notice given to the responsible
Ministers, advise the Ministers if either of the following
occurs—

Page 578 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 12 Administration

[s 696]

(a) the Regulator makes a significant amendment to its

corporate plan;
(b) the Regulator becomes aware of an issue that will have a
significant impact on its ability to implement the
objectives stated in the corporate plan.
(4) The Regulator must publish documentation for National
Performance Measures on the Regulator’s website and
determine National Performance Measures (Standards and
Indicators) in accordance with the documentation.

Division 3 Oversight of the Regulator and

Board

696 Application of particular Queensland Acts to this Law

(1) The following Acts, as in force from time to time, apply for
the purposes of this Law—
(a) the Information Privacy Act 2009 of Queensland;
(b) the Public Records Act 2002 of Queensland;
(c) the Right to Information Act 2009 of Queensland.
(2) However, the Acts mentioned in subsection (1) do not apply
for the purposes of this Law to the extent that—
(a) functions under this Law are being exercised by a State
or Territory entity; or
(b) without limiting paragraph (a), functions are being
exercised by a State or Territory entity under an
agreement mentioned in section 658(2)(a) or under a
delegation under this Law.
(3) The national regulations may modify an Act mentioned in
subsection (1) for the purposes of this Law.
(4) Without limiting subsection (3), the national regulations
may—

Current as at 19 February 2024 Page 579

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 12 Administration

[s 697]

(a) provide that the Act applies as if a provision of the Act

specified in the regulations were omitted; or
(b) provide that the Act applies as if an amendment to the
Act made by a law of Queensland, and specified in the
regulations, had not taken effect; or
(c) confer a function on a State or Territory entity; or
(d) confer jurisdiction on a tribunal or court of a
participating jurisdiction.
(5) An Act mentioned in subsection (1) applies for the purposes
of this Law as if the Minister responsible for a government
agency were the responsible Ministers in relation to a body
established by this Law.
(6) Subsection (5) applies to an Act mentioned in subsection (1)
with the modifications (if any) mentioned in subsection (3),
but does not apply in relation to any provisions of that Act
specified in the national regulations for the purposes of this
subsection.
(7) In this section—
State or Territory entity does not include the Regulator.

Division 4 Provisions relating to persons

exercising functions under Law

697 General duties of persons exercising functions under this

Law
(1) A person exercising functions under this Law must, when
exercising the functions, act honestly and with integrity.
(2) A person exercising functions under this Law must exercise
the person’s functions under this Law—
(a) in good faith; and
(b) with a reasonable degree of care, diligence and skill.

Page 580 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 12 Administration

[s 698]

(3) A person exercising functions under this Law must not make
improper use of the person’s position or of information that
comes to the person’s knowledge in the course of, or because
of, the person’s exercise of the functions—
(a) to gain an advantage for himself or herself or another
person; or
(b) to cause a detriment to the implementation or operation
of this Law.
Maximum penalty for the purposes of
subsection (3)—$10000.

698 Protection from personal liability for persons exercising

Regulator’s or Board’s functions under this Law
(1) A person who is or was a protected person does not incur civil
liability personally for anything done or omitted to be done in
good faith—
(a) in the exercise of a function of the Regulator or the
Board under this Law; or
(b) in the reasonable belief that the act or omission was the
exercise of a function of the Regulator or the Board
under this Law.
(2) Any liability resulting from an act or omission that would, but
for the purposes of subsection (1), attach to a protected person
attaches instead to the Regulator.
(3) In this section—
protected person means an individual who is any of the
following—
(a) a member of the Board;
(b) a member of a committee of the Board;
(c) a member of the staff of the Regulator;
(d) an authorised officer;

Current as at 19 February 2024 Page 581

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 12 Administration

[s 698A]

(e) a person to whom the Regulator has delegated any of its

functions or to whom functions delegated by the
Regulator have been subdelegated;
(f) a person acting under the direction or authority of a
person mentioned in paragraphs (a) to (e), including, for
example, a person helping an authorised officer or an
assistant mentioned in section 518, 519 or 523;
(g) a person—
(i) who constitutes a body corporate that exercises
functions of the Regulator under this Law; and
(ii) who is, or is of a class, prescribed by the national
regulations;
(h) any other person exercising functions of the Regulator
under this Law.

698A No liability, right etc. arising from particular functions of

authorised officer or Regulator
(1) This section applies in relation to anything done by the
Regulator or a protected person in the exercise of—
(a) a function of an authorised officer under section 479(2);
or
(b) a function of the Regulator under section 659(2)(ka).
(2) The doing of the thing does not, of itself, give rise to—
(a) a civil liability of the Regulator or protected person; or
(b) a right, expectation, duty or obligation that would not
otherwise be conferred or imposed on a person in
relation to whom the thing was done; or
(c) a defence that would not otherwise be available to a
person in relation to whom the thing was done.
(3) However, subsection (2)(a) applies only to a thing done by the
Regulator or a protected person in good faith.

Page 582 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 13 General

[s 699]

Note—
See also section 698 in relation to civil liability for a thing done in good
faith.
(4) A reference in this section to doing a thing includes a
reference to omitting to do a thing.
(5) In this section—
protected person see section 698(3).

Chapter 13 General

Part 13.1 General offences

Division 1 Offence about discrimination or

victimisation

699 Discrimination against or victimisation of employees

(1) An employer must not dismiss an employee, or otherwise
prejudice an employee in the employee’s employment, for the
reason that the employee—
(a) has helped or given information to a public authority or
law enforcement agency in relation to a contravention or
alleged contravention of this Law; or
(b) has made a complaint about a contravention or alleged
contravention of this Law to an employer, former
employer, fellow employee, former fellow employee,
union or public authority or law enforcement agency.
Examples of prejudicial conduct in relation to an employee’s
employment—
• demotion of the employee
• unwarranted transfer of the employee

Current as at 19 February 2024 Page 583

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 13 General

[s 700]

• reducing the employee’s terms of employment

Maximum penalty—$10000.
(2) An employer must not fail to offer employment to a
prospective employee, or in offering employment to a
prospective employee treat the prospective employee less
favourably than another prospective employee would be
treated in similar circumstances, for the reason that the
prospective employee—
(a) has helped or given information to a public authority or
law enforcement agency in relation to a contravention or
alleged contravention of this Law; or
(b) has made a complaint about a contravention or alleged
contravention of this Law to an employer, former
employer, fellow employee, former fellow employee,
union or public authority or law enforcement agency.
Maximum penalty—$10000.
(3) In a proceeding for an offence against subsection (1) or (2), if
all the facts constituting the offence other than the reason for
the defendant’s action are proved, the defendant has the onus
of proving that the defendant’s action was not for the reason
alleged in the charge for the offence.
(4) In this section—
employee includes an individual who works under a contract
for services.
employer, of a prospective employee, includes a prospective
employer of the employee.

700 Order for damages or reinstatement

(1) This section applies if a court convicts an employer of an
offence against section 699 in relation to an employee or
prospective employee.
(2) In addition to imposing a penalty, the court may make 1 or
more of the following orders—

Page 584 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 13 General

[s 701]

(a) an order that the employer pay, within a stated period,

the employee or prospective employee the damages the
court considers appropriate to compensate the employee
or prospective employee;
(b) for an employee—an order that the employee be
reinstated or re-employed in the employee’s former
position or, if that position is not available, in a similar
position;
(c) for a prospective employee—an order that the
prospective employee be employed in the position for
which the prospective employee applied or, if that
position is not available, in a similar position.
(3) An order for damages under subsection (2)(a)—
(a) can not be for an amount exceeding the monetary
jurisdictional limit of the court in civil proceedings; and
(b) is taken to be, and is enforceable as, a judgment of the
court sitting in civil proceedings.
(4) A person against whom an order is made under
subsection (2)(b) or (c) must comply with the order.
Maximum penalty—$10000.
(5) In this section—
employee includes an individual who works under a contract
for services.
employer, of a prospective employee, includes a prospective
employer of the employee.

Division 2 Offences about false or misleading

information

701 False or misleading statements

(1) A person commits an offence if the person makes a statement
to an official that the person knows is false or misleading.

Current as at 19 February 2024 Page 585

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 13 General

[s 702]

Maximum penalty—$10000.
(2) A person commits an offence if the person—
(a) makes a statement to an official that is false or
misleading; and
(b) is reckless as to whether the statement is false or
misleading.
Maximum penalty—$8000.
(3) Subsections (1) and (2) apply even if the statement was not
given in response to, or in purported compliance with, a
direction or requirement under this Law.
(4) In a proceeding for an offence against subsection (1) or (2), it
is enough for a charge to state that the statement made was
‘false or misleading’, without specifying whether it was false
or whether it was misleading.
(5) In this section—
official includes—
(a) TCA exercising a function under Chapter 7; and
(b) a person exercising a function under this Law under the
direction or authority of an official.

702 False or misleading documents

(1) A person commits an offence if the person gives an official a
document containing information the person knows is false or
misleading.
Maximum penalty—$10000.
(2) Subsection (1) does not apply if the person, when giving the
document—
(a) tells the official how information contained in the
document is false or misleading; and
(b) if the person has the correct information—gives the
correct information.
(3) A person commits an offence if the person—
Page 586 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 13 General

[s 703]

(a) gives an official a document containing information that

is false or misleading; and
(b) is reckless as to whether information contained in the
document is false or misleading.
Maximum penalty—$8000.
(4) Subsections (1) and (3) apply even if the document was not
given in response to, or in purported compliance with, a
direction or requirement under this Law.
(5) In a proceeding for an offence against subsection (1) or (3), it
is enough for a charge to state that the information was ‘false
or misleading’, without specifying whether it was false or
whether it was misleading.
(6) In this section—
official includes—
(a) TCA exercising a function under Chapter 7; and
(b) a person exercising a function under this Law under the
direction or authority of an official.

703 False or misleading information given by responsible

person to another responsible person
(1) A responsible person for a heavy vehicle (the information
giver) must not give another responsible person for a heavy
vehicle (the affected person) information the information
giver knows, or ought reasonably to know, is false or
misleading in a material particular.
Maximum penalty—$10000.
Note—
See section 632 for the matters a court may consider when deciding
whether a person ought reasonably to have known something.
(2) A responsible person for a heavy vehicle (also the
information giver) must not give another responsible person
for a heavy vehicle (the affected person) information that is
false or misleading in a material particular if the information
Current as at 19 February 2024 Page 587
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 13 General

[s 703]

giver does so recklessly as to whether the information is false

or misleading in the material particular.
Maximum penalty—$8000.
(3) Subsections (1) and (2) do not apply if the affected person
knew, or ought reasonably to have known, that the
information was false or misleading in the material particular.
(4) Subsection (1) or (2) does not apply if the information giver
gives the information in writing and, when giving the
information—
(a) tells the affected person how it is false or misleading;
and
(b) if the information giver has the correct
information—gives the correct information in writing.
(5) Subsection (1) or (2) applies even if the information was not
given in response to, or in purported compliance with, a
direction or requirement under this Law.
(6) In a proceeding for an offence against subsection (1) or (2)—
(a) it is enough for a charge to state that the statement made
was ‘false or misleading’, without specifying whether it
was false or whether it was misleading; and
(b) it is enough for a charge to state that the information
given was false or misleading to the information giver’s
knowledge, without specifying whether the information
giver knew or ought reasonably to have known the
information was false or misleading.
(7) In this section—
information means information in any form, whether or not in
writing.
material particular means a particular relating to an element
of an offence against this Law that is or could be committed
by a person mentioned in paragraph (a) or (b) if the person
relies, or were to rely, on the particular—
(a) the responsible person for a heavy vehicle to whom the
information is given;
Page 588 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 13 General

[s 704]

(b) any other responsible person for a heavy vehicle who, at

any time, is given the false or misleading information.

704 Offence to falsely represent that heavy vehicle authority

is held etc.
(1) A person must not represent—
(a) that the person has been granted a heavy vehicle
authority the person has not been granted; or
(b) that a heavy vehicle authority has been granted in
relation to a thing for which it has not been granted; or
(c) that the person is operating under a heavy vehicle
authority that the person is not entitled to operate under;
or
(d) that a thing is operating under a heavy vehicle authority
that the thing is not authorised to operate under.
Maximum penalty—$10000.
(2) A person must not represent that the person or a thing is
operating under a heavy vehicle authority if the authority is no
longer in force.
Maximum penalty—$10000.
(3) A person must not possess a document that falsely purports to
be—
(a) an accreditation certificate for a heavy vehicle
accreditation; or
(b) a document mentioned in section 468(1)(b) or (c); or
(c) a document evidencing the grant of an electronic
recording system approval, exemption, authorisation,
permit or other authority under this Law; or
Examples—
a Commonwealth Gazette notice, a permit
(d) a copy of a document mentioned in paragraph (a), (b) or
(c).

Current as at 19 February 2024 Page 589

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 13 General

[s 705]

Maximum penalty—$10000.
(4) In this section—
heavy vehicle authority means—
(a) a heavy vehicle accreditation; or
(b) an electronic recording system approval, exemption,
authorisation, permit or other authority under this Law.

Part 13.2 Industry codes of practice

705 Guidelines for industry codes of practice

(1) The Regulator may make guidelines about the preparation and
content of an industry code of practice that may be registered
under this Law.
(2) Without limiting subsection (1), the guidelines may provide
that an industry code of practice registered under this Law
must provide for the review of the code of practice.
(3) The Regulator must—
(a) keep a copy of the guidelines available for inspection by
the public, during office hours on business days, at the
Regulator’s head office; and
(b) publish a copy of the guidelines on the Regulator’s
website.

706 Registration of industry codes of practice

(1) The Regulator may register an industry code of practice for
the purposes of this Law prepared in accordance with
guidelines in force under section 705.
(2) The registration must be subject to the following conditions
imposed by the Regulator—
(a) that the industry code of practice must be reviewed after
a stated period;

Page 590 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 13 General

[s 706]

(b) that a stated person, or a person of a stated class, must

be appointed to maintain the industry code of practice
and ensure it is updated following changes to best
practice methods for the industry to which it relates;
(c) that the industry code of practice must be updated
following changes to the guidelines for the preparation
and content of the industry code of practice in force
under section 705.
(3) The registration may be subject to other conditions the
Regulator considers appropriate.
(4) Subsection (5) applies if—
(a) a condition applying to the registration of an industry
code of practice is contravened; or
(b) the guidelines in force under section 705 about the
preparation and content of an industry code of practice
are changed and a registered industry code of practice
does not comply with the guidelines as amended.
(5) The Regulator may—
(a) amend the conditions of the registration, including by
adding new conditions; or
Example of a condition for the purposes of paragraph (a)—
that the registered industry code of practice be amended in a
stated way to reflect a change to the guidelines for the
preparation and content of the code of practice in force under
section 705
(b) cancel the registration.
(6) Conditions mentioned in subsection (2) can be amended
under subsection (5) so long as the amended conditions
conform with subsection (2), but cannot otherwise be
amended.
(7) The Regulator incurs no liability for loss or damage suffered
by a person because the person relied on a registered industry
code of practice.

Current as at 19 February 2024 Page 591

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 13 General

[s 707]

Part 13.3 Legal proceedings

Division 1 Proceedings

707 Proceeding for indictable offences

(1) The prosecution may bring a proceeding for an indictable
offence—
(a) on indictment; or
(b) in a summary way.
(2) However, a court of summary jurisdiction must not hear and
decide an indictable offence in a summary way if—
(a) at the start of the hearing, the defendant asks for the
charge to be prosecuted on indictment; or
(b) the court is satisfied—
(i) after hearing submissions from the prosecution and
defence at any stage of the hearing, that the
defendant, if convicted, may not be adequately
punished for the particular offence on a summary
conviction; or
(ii) on an application made by the defence, that the
charge should not be heard and decided in a
summary way because of exceptional
circumstances.
(3) If the court decides that the offence be prosecuted on
indictment—
(a) the court must conduct the proceeding as a committal
proceeding; and
(b) any evidence given in the proceeding, before the court
decided that the offence be prosecuted on indictment, is
taken to be evidence in the committal proceeding; and
(c) the court must disregard any plea that the defendant
made at the start of the proceeding.
Page 592 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 13 General

[s 707A]

(3A) A complaint for a fatigue management offence may be heard

at a place appointed for holding Magistrates Courts within the
district within which the defendant was required to produce
the defendant’s work diary under section 568.
Editor’s note—
This subsection is an additional Queensland provision.
(3B) Subsection (3A) has effect despite, but does not limit, the
Justices Act 1886, section 139.
Editor’s note—
This subsection is an additional Queensland provision.
fatigue management offence means an offence against any of
the following provisions—
(a) section 250;
(b) section 251;
(c) section 254;
(d) section 256;
(e) section 258;
(f) part 6.4.
Editor’s note—
This definition is an additional Queensland provision.

707A Proceeding for other offences

(1) The prosecution must bring a proceeding for an offence
against this Law, other than an indictable offence, in a
summary way.
(2) The proceeding must start—
(a) within 2 years after the offence is committed; or
(b) within 1 year after the commission of the offence comes
to the complainant’s knowledge, but within 3 years after
the offence is committed.

Current as at 19 February 2024 Page 593

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 13 General

[s 708]

(3) A statement in a complaint for an offence against this Law

that the matter of the complaint came to the complainant’s
knowledge on a stated day is evidence of when the matter
came to the complainant’s knowledge.
(4) A complaint for a fatigue management offence may be heard
at a place appointed for holding Magistrates Courts within the
district within which the defendant was required to produce
the defendant’s work diary under section 568.
Editor’s note—
This subsection is an additional Queensland provision.
(5) Subsection (4) has effect despite, but does not limit, the
Justices Act 1886, section 139.
Editor’s note—
This subsection is an additional Queensland provision.
(6) In this section—
fatigue management offence means an offence against any of
the following provisions—
(a) section 250;
(b) section 251;
(c) section 254;
(d) section 256;
(e) section 258;
(f) part 6.4.
Editor’s note—
This subsection is an additional Queensland provision.

Division 2 Evidence

708 Proof of appointments unnecessary

For the purposes of this Law, it is not necessary to prove the
appointment of the following persons—
Page 594 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 13 General

[s 709]

(a) an official;
(b) a police commissioner.

709 Proof of signatures unnecessary

For the purposes of this Law, a signature purporting to be the
signature of 1 of the following persons is evidence of the
signature it purports to be—
(a) an official;
(b) a police commissioner.

710 Averments
(1) In a proceeding for an offence against this Law, a statement in
the complaint for the offence that, at a stated time or during a
stated period—
(a) a stated vehicle or a stated combination was a heavy
vehicle; or
(b) a stated vehicle or a stated combination was of a stated
category of heavy vehicle; or
(c) a stated person was the registered operator of a stated
heavy vehicle; or
(d) a stated person held a permit for a mass or dimension
authority, a heavy vehicle accreditation or another
authority under this Law; or
(e) a stated location was, or was a part of, a road or
road-related area; or
(f) a stated location was, under a stated provision of this
Law or another stated law, subject to a stated
prohibition, restriction or other requirement about the
use of heavy vehicles or stated categories of heavy
vehicles;
is evidence of the matter.

Current as at 19 February 2024 Page 595

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 13 General

[s 711]

(2) In a proceeding for an offence against this Law, a statement or

allegation in the complaint for the offence that the act or
omission constituting the alleged offence was done or made in
a stated place, at a stated time, on a stated date or during a
stated period, is evidence of the matter.

711 Evidence by certificate by Regulator generally

(1) A certificate purporting to be issued by the Regulator and
stating that, at a stated time or during a stated period—
(e) a stated person held or did not hold a heavy vehicle
accreditation granted under this Law; or
(f) a stated exemption or authorisation under this Law
applied or did not apply to a stated person or a stated
heavy vehicle; or
(g) a stated person is the holder of a stated permit or other
authority under this Law; or
(h) a stated heavy vehicle accreditation, exemption,
authorisation, permit or other authority under this Law
was or was not amended, suspended or cancelled under
this Law; or
(i) a stated penalty, fee, charge or other amount was or was
not, or is or is not, payable under this Law by a stated
person; or
(j) a stated fee, charge or other amount payable under this
Law was or was not paid to the Regulator; or
(k) a stated person has or has not notified the Regulator of
any, or a stated, change of the person’s address; or
(l) a stated identification card (however called) was issued
by the Regulator to a stated person and was or was not
current; or
(m) a stated authorised officer (other than an authorised
officer who is a police officer) was authorised to
exercise a stated power under this Law and—

Page 596 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 13 General

[s 712]

(i) was not restricted in the exercise of the power by

the officer’s conditions of appointment or a
direction of the Regulator; or
(ii) was not restricted in a stated way in the exercise of
the power by the officer’s conditions of
appointment or a direction of the Regulator; or
(n) a stated industry code of practice was or was not
registered under section 706; or
(o) a stated road or road-related area, or a stated part of a
road or road-related area, was in an area or on a route
declared under a stated provision of this Law or the
national regulations; or
(p) a stated heavy vehicle, or a stated component of a stated
heavy vehicle, was weighed by or in the presence of a
stated authorised officer on a stated weighbridge or
weighing facility or by the use of a stated weighing
device, and that a stated mass was the mass of the
vehicle or component; or
(q) a stated mathematical or statistical procedure was
carried out in relation to stated information generated,
recorded, stored, displayed, analysed, transmitted or
reported by an approved intelligent transport system and
the results of the procedure being carried out;
is evidence of the matter.
(2) A procedure specified in a certificate under subsection (1)(q)
is presumed, unless the contrary is proved—
(a) to be valid and reliable for the purpose for which it was
used; and
(b) to have been carried out correctly.

712 Evidence by certificate by road authority

A certificate purporting to be issued by a road authority and
stating that, at a stated time or during a stated period—

Current as at 19 February 2024 Page 597

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 13 General

[s 713]

(a) a stated vehicle was or was not registered or licensed

under a law administered by the authority; or
(b) a stated person was the person in whose name a stated
vehicle was registered or licensed under a law
administered by the authority; or
(c) a stated vehicle was not registered or licensed under a
law administered by the authority in a stated person’s
name; or
(d) a stated location—
(i) was, or was part of, a road or road-related area; or
(ii) was not a road or road-related area or part of a road
or road-related area; or
(e) a stated location was or was not, under a stated law of a
stated participating jurisdiction, subject to a stated
prohibition, restriction or other requirement about the
use of heavy vehicles or stated categories of heavy
vehicles;
is evidence of the matter.

713 Evidence by certificate by Regulator about matters stated

in or worked out from records
(1) A certificate purporting to be issued by the Regulator and
stating any of the following matters is evidence of the
matter—
(a) a stated matter appears in a stated record kept by the
Regulator for the administration or enforcement of this
Law;
(b) a stated matter appears in a stated record accessed by the
Regulator for the administration or enforcement of this
Law.
(2) A certificate purporting to be issued by the Regulator and
stating that a matter that has been worked out from either of
the following is evidence of the matter—

Page 598 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 13 General

[s 714]

(a) a stated record kept by the Regulator for the

administration or enforcement of this Law;
(b) a stated record accessed by the Regulator for the
administration or enforcement of this Law.
(3) This section does not limit section 711.

714 Evidence by certificate by authorised officer about

instruments
(1) A certificate purporting to be issued by an authorised officer
and stating that, on a stated day or at a stated time on a stated
day, a stated instrument—
(a) was in a proper condition; or
(b) had a stated level of accuracy;
is evidence of those matters on the stated day or at the stated
time.
(2) Evidence of the condition of the instrument, or the way in
which it was operated, is not required unless evidence that the
instrument was not in proper condition or was not properly
operated has been given.
(3) A defendant in a proceeding for an offence against this Law
who intends to challenge the condition of an instrument, or
the way in which it was operated, must give the complainant
notice of the intention to challenge.
(4) The notice must be—
(a) signed by the defendant; and
(b) given at least 14 days before the day fixed for the
hearing of the charge.
(5) In this section—
instrument means—
(a) a weighing device; or
(b) an intelligent transport system.

Current as at 19 February 2024 Page 599

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 13 General

[s 715]

715 Challenging evidence by certificate

(1) A defendant in a proceeding for an offence against this Law
who intends to challenge a matter stated in a certificate
mentioned in section 711, 712, 713 or 714(1) must give the
complainant notice of the intention to challenge.
(2) The notice must be—
(a) signed by the defendant; and
(b) given at least 14 days before the day fixed for the
hearing of the charge.
(3) If the matter intended to be challenged is the accuracy of a
measurement, an analysis or a reading from a device, the
notice must state—
(a) the basis on which the defendant intends to challenge
the accuracy of the measurement, analysis or reading;
and
(b) the measurement, analysis or reading the defendant
considers to be the correct measurement, analysis or
reading.
(4) A defendant in a proceeding for an offence against this Law
can not challenge a matter stated in a certificate mentioned in
section 711, 712, 713 or 714(1) unless—
(a) the defendant has complied with this section; or
(b) the court gives leave to the defendant to challenge the
matter, in the interests of justice.
(5) This section applies only if the defendant is given a copy of
the certificate at least 28 days before the appointed date for
the hearing of the charge.

716 Evidence by record about mass

A record of the mass of a heavy vehicle, or a component of a
heavy vehicle, purporting to be made by the operator of a
weighbridge or weighing facility at which the vehicle or
component was weighed, or by the operator’s employee—
Page 600 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 13 General

[s 717]

(a) is admissible in a proceeding under this Law; and

(b) is evidence of the mass of the vehicle or component at
the time it was weighed.

717 Manufacturer’s statements

(1) A written statement of the recommended maximum loaded
mass (mass rating) for a heavy vehicle, or a component of a
heavy vehicle, purporting to be made by the manufacturer of
the vehicle or component is admissible in a proceeding under
this Law and is evidence—
(a) of the mass rating; and
(b) of any conditions, stated in the statement, to which the
mass rating is subject; and
(c) that the statement was made by the manufacturer.
(2) A written statement of the strength or performance rating of
equipment used to restrain a load and designed for use on a
heavy vehicle, or on a component of a heavy vehicle,
purporting to be made by the manufacturer of the equipment
is admissible in a proceeding under this Law and is
evidence—
(a) that the equipment was designed for the use; and
(b) of the strength or performance rating of the equipment;
and
(c) of any conditions, stated in the statement, to which the
rating is subject; and
(d) that the statement was made by the manufacturer.
Example of equipment used to restrain a load—
a chain or strap

718 Measurement of weight on tyre

(1) A mark or print on a tyre purporting to be the maximum load
capacity decided by the manufacturer of the tyre is evidence

Current as at 19 February 2024 Page 601

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 13 General

[s 719]

of the maximum load capacity for the tyre at cold inflation

pressure decided by the manufacturer.
(2) If it is impracticable to work out the mass on each tyre in an
axle or axle group, the mass on the axle or axle group divided
by the number of tyres in the axle or axle group is taken to be
the mass on the tyre in the absence of evidence to the contrary.

719 Transport and journey documentation

(1) Transport documentation and journey documentation are
admissible in a proceeding under this Law and are evidence
of—
(a) the identity and status of the parties to the transaction to
which the documentation relates; and
(b) the destination or intended destination of the load to
which the documentation relates; and
(c) either or both the date on which and the time at which—
(i) any document in the documentation was created;
or
(ii) any transaction mentioned in the documentation
was effected or carried out; or
(iii) any journey mentioned in the documentation was
started, carried out or finished; or
(iv) any other matter mentioned in the documentation
was effected, started, carried out or finished; and
(d) the location of any person, heavy vehicle, goods or other
matter or thing mentioned in the documentation; and
(e) the date and time at which any person, heavy vehicle,
goods or other matter or thing mentioned in the
documentation was present at a particular place.
(2) In this section—
status, of the parties to a transaction, includes the status of
each of the parties as a responsible person for the heavy

Page 602 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 13 General

[s 720]

vehicle used or intended to be used for transporting the goods

the subject of the transaction.

720 Evidence not affected by nature of vehicle

Evidence obtained in relation to a vehicle because of the
exercise of a power under this Law in the belief or suspicion
that the vehicle is a heavy vehicle is not affected merely
because the vehicle is not a heavy vehicle.

721 Certificates of TCA

(1) A certificate purporting to be signed by a person on behalf of
TCA stating any of the following matters is evidence of the
matter—
(a) a stated intelligent transport system was or was not an
approved intelligent transport system on a stated date or
during a stated period;
(b) a stated person was or was not an intelligent access
program service provider on a stated date or during a
stated period;
(c) a stated person was or was not an intelligent access
program auditor on a stated date or during a stated
period.
(2) A person who purportedly signs a certificate of a type
mentioned in subsection (1) on behalf of TCA is presumed,
unless the contrary is proved, to have been authorised by TCA
to sign the certificate on TCA’s behalf.

722 Approved intelligent transport system

(1) An approved intelligent transport system, including all the
equipment and software that makes up the system, is
presumed, unless the contrary is proved, to have operated
properly on any particular occasion.
(2) Without limiting subsection (1), information generated,
recorded, stored, displayed, analysed, transmitted and
Current as at 19 February 2024 Page 603
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 13 General

[s 722]

reported by an approved intelligent transport system is

presumed, unless the contrary is proved, to have been
correctly generated, recorded, stored, displayed, analysed,
transmitted and reported by the system.
(3) Without limiting subsection (1) or (2), information generated
by an approved intelligent transport system is presumed,
unless the contrary is proved, not to have been changed by
being recorded, stored, displayed, analysed, transmitted or
reported by the system.
(4) If in a proceeding it is established by contrary evidence that
particular information recorded or stored by an approved
intelligent transport system is not a correct representation of
the information generated by the system, the presumption
mentioned in subsection (3) continues to apply to the
remaining information recorded or stored by the system
despite that contrary evidence.
(5) If a defendant in a proceeding for an offence against this Law
intends to challenge any of the following matters, the
defendant must give the complainant notice of the intention to
challenge—
(a) that an approved intelligent transport system has
operated properly;
(b) that information generated, recorded, stored, displayed,
analysed, transmitted or reported by an approved
intelligent transport system has been correctly
generated, recorded, stored, displayed, analysed,
transmitted or reported by the system;
(c) that information generated by an approved intelligent
transport system has not been changed by being
recorded, stored, displayed, analysed, transmitted or
reported by the system.
(6) The notice must—
(a) be signed by the defendant; and
(b) state the grounds on which the defendant intends to rely
to challenge a matter mentioned in subsection (5)(a), (b)
or (c); and
Page 604 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 13 General

[s 723]

(c) be given at least 14 days before the day fixed for the
hearing of the charge.
(7) This section does not limit section 714.

723 Evidence as to intelligent access map

(1) A certificate purporting to be signed by a person on behalf of
TCA stating that a particular map was or was not the
intelligent access map as issued by TCA on a stated date or
during a stated period is conclusive evidence of the matter
stated in the certificate.
(2) The intelligent access map, as issued by TCA at a particular
time, is presumed, unless evidence sufficient to raise doubt
about the presumption is adduced, to be a correct
representation of the national road network at the time of its
issue.
(3) A person who purportedly signs a certificate of the kind
referred to in subsection (1) on behalf of TCA is presumed,
unless evidence sufficient to raise doubt about the
presumption is adduced, to have been authorised by TCA to
sign the certificate on TCA’s behalf.

724 Reports and statements made by approved intelligent

transport system
(1) A report purporting to be made by an approved intelligent
transport system—
(a) is presumed, unless the contrary is proved—
(i) to have been properly made by the system; and
(ii) to be a correct representation of the information
generated, recorded, stored, displayed, analysed,
transmitted and reported by the system; and
(b) is admissible in a proceeding under this Law; and
(c) is evidence of the matters stated in it.

Current as at 19 February 2024 Page 605

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 13 General

[s 724]

(2) However, subsection (1)(c) does not apply to information

stated in a report made by an approved intelligent transport
system that has been manually entered into the system by an
operator or driver of a heavy vehicle.
Example—
If the driver of a heavy vehicle enters the mass of the vehicle into the
intelligent transport system, the information about the mass of the
vehicle stated in a report made by the system is not evidence of the
mass of the vehicle.
(3) Also, if in a proceeding it is established by contrary evidence
that part of a report made by an approved intelligent transport
system is not a correct representation of particular information
generated, recorded, stored, displayed, analysed, transmitted
or reported by the system, the presumption mentioned in
subsection (1)(a) continues to apply to the remaining parts of
the report despite that contrary evidence.
(4) If a defendant in a proceeding for an offence against this Law
intends to challenge any of the following matters, the
defendant must give the complainant notice of the intention to
challenge—
(a) that a report made by an approved intelligent transport
system has been properly made;
(b) that a report made by an approved intelligent transport
system is a correct representation of the information
generated, recorded, stored, displayed, analysed,
transmitted and reported by the system;
(c) the correctness of a statement of a vehicle’s position on
the surface of the earth at a particular time that is made
by an approved intelligent transport system.
(5) The notice must—
(a) be signed by the defendant; and
(b) state the grounds on which the defendant intends to rely
to challenge the matter mentioned in subsection (4)(a),
(b) or (c); and
(c) be given at least 14 days before the day fixed for the
hearing of the charge.
Page 606 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 13 General

[s 725]

(6) This section does not limit section 714.

725 Documents produced by an approved electronic

recording system
(1) This section applies to an approved electronic recording
system constituting an electronic work diary or of which an
electronic work diary is a part.
(2) A document purporting to be made by the approved electronic
recording system—
(a) is presumed, unless the contrary is proved—
(i) to have been properly made by the system; and
(ii) to be a correct representation of the information
generated, recorded, stored, displayed, analysed,
transmitted and reported by the system; and
(b) is admissible in a proceeding under this Law relating to
a fatigue-regulated heavy vehicle; and
(c) is evidence of the matters stated in it.

726 Statement by person involved with use or maintenance of

approved electronic recording system
(1) This section applies to an approved electronic recording
system constituting an electronic work diary or of which an
electronic work diary is a part.
(2) A written statement about how the approved electronic
recording system has been used or maintained, and purporting
to be made by the person purporting to be involved in the use
or maintenance—
(a) is admissible in a proceeding under this Law relating to
a fatigue-regulated heavy vehicle; and
(b) is evidence of the matters included in the statement.

Current as at 19 February 2024 Page 607

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 13 General

[s 726A]

Examples of statements—
• a statement made by the driver of a fatigue-regulated heavy vehicle
who uses an electronic work diary about how the driver operated
the work diary
• a statement made by an owner of an approved electronic recording
system about how the owner has maintained the system
• a statement made by the record keeper (within the meaning given
by section 317) of the driver of a fatigue-regulated heavy vehicle
who uses an electronic work diary about how information was
transmitted from the electronic work diary to the record keeper

726A Evidence of offence

(1) In a proceeding for an offence against this Law—
(a) evidence of a court convicting a person of a heavy
vehicle offence is evidence that the heavy vehicle
offence happened at the time and place, and in the
circumstances, stated in the complaint for the heavy
vehicle offence; and
(b) evidence of details stated in an infringement notice
issued for a heavy vehicle offence is evidence that the
heavy vehicle offence happened at the time and place,
and in the circumstances, stated in the infringement
notice.
(2) In this section—
heavy vehicle offence means—
(a) an offence against this Law; or
(b) an offence by the driver of a heavy vehicle of exceeding
a speed limit applying to the driver.

726B Evidence obtained by police using other powers

To remove any doubt, it is declared that evidence lawfully
obtained by a police officer using powers other than the
powers under this Law is not inadmissible in proceedings for
a contravention of this Law only because the evidence was
obtained using the other powers.
Page 608 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 13 General

[s 726C]

726C Evidence obtained in another jurisdiction

To remove any doubt, it is declared that evidence lawfully
obtained in a jurisdiction (the first jurisdiction) is not
inadmissible in proceedings for a contravention of this Law in
another jurisdiction only because the evidence was obtained
in the first jurisdiction.

Division 3 Publication of court outcomes

726D Regulator may publish convictions, penalties, orders, etc.

(1) This section applies if a court convicts a person of an offence
against this Law.
Note—
Under section 9, a court convicts a person of an offence if the court
finds the person guilty, or accepts the person’s plea of guilty, for the
offence whether or not a conviction is recorded.
(2) The Regulator may publish the following information about
the conviction on the Regulator’s website—
(a) the offence for which the person was convicted;
(b) if the court imposed a penalty for the conviction—the
penalty imposed;
(c) if the court made an order against the person in relation
to the conviction—information about the order made,
other than information that could identify or lead to the
identification of the person.
Note—
Orders the court may make include commercial benefits penalty
orders (see section 597), supervisory intervention orders (see
section 600), prohibition orders (see section 607) and
compensation orders (see section 611).

Current as at 19 February 2024 Page 609

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 13 General

[s 727]

Part 13.4 Protected information

727 Definitions for Pt 13.4

(1) In this Part—
authorised use, for protected information, means—
(a) use by a person—
(i) in the exercise of a function under this Law; or
(ii) where use of the information is required or
authorised under this Law (whether explicitly or by
implication); or
(b) use by a public authority or law enforcement agency—
(i) for the administration or enforcement of a law or
the exercise of another function of the authority or
agency, including, for example, investigating a
contravention or suspected contravention of a law;
or
(ii) if a law authorises, requires or permits the
disclosure of the information to, and the use of the
information by, the authority or agency; or
(c) use by a court or tribunal in a proceeding under an
Australian road law; or
(d) use by a court or tribunal if an order of the court or
tribunal requires the disclosure of the information to the
court or tribunal; or
(e) an activity associated with preventing or minimising—
(i) a risk of danger to the life of a person; or
(ii) a risk of serious harm to the health of a person; or
(iii) a risk to public safety; or
(f) a use authorised by the person to whom the information
relates; or

Page 610 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 13 General

[s 727]

(g) research purposes if the information contains no

personal information; or
(h) use by an entity (whether public or private) in
connection with road tolls; or
(i) use by an entity (whether public or private) in
connection with the administration of third party
insurance legislation; or
(j) use by an entity (whether public or private) for the
purpose of determining the registration status of a heavy
vehicle; or
(k) a use required or authorised under a relevant law of a
participating jurisdiction; or
(l) a use prescribed by the national regulations; or
(m) a use referred to in subsection (2).
driver fatigue compliance function means a function
exercised for the purpose of—
(a) the administration or enforcement of a driver fatigue
provision; or
(b) education, evaluation and similar activities supporting
administration or enforcement of a driver fatigue
provision.
driver fatigue provision means any of the following—
(aa) Chapter 1A to the extent the Chapter relates to driver
fatigue;
(a) Chapter 6;
(b) Chapter 8 to the extent the Chapter relates to BFM
accreditation or AFM accreditation;
(c) Division 8 of Part 9.3;
(d) Chapter 9, other than Division 8 of Part 9.3, to the
extent the Chapter applies to the enforcement of
provisions mentioned in paragraphs (aa), (a) and (b).

Current as at 19 February 2024 Page 611

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 13 General

[s 727]

electronic work diary authorised use, for electronic work

diary protected information, means—
(a) use by a person—
(i) in the exercise of a driver fatigue compliance
function; or
(ii) not in the exercise of a driver fatigue compliance
function but authorised under a warrant mentioned
in section 729B; or
(b) use by a person in the exercise of a function under
another law if a warrant issued by a judge or magistrate
under the other law or a different law authorises or
permits the use of the information by the person; or
(c) use by a court or tribunal in a proceeding under an
Australian road law; or
(d) use by a court or tribunal if an order of the court or
tribunal requires the disclosure of the information to the
court or tribunal; or
(e) research purposes if the information contains no
personal information; or
(f) use prescribed by the national regulations; or
(g) use referred to in subsection (3).
electronic work diary information means information
generated, recorded, stored, displayed, analysed, transmitted
or reported by an approved electronic recording system that
constitutes an electronic work diary, or of which an electronic
work diary is a part.
electronic work diary protected information—
(a) means electronic work diary information; but
(b) does not include the following—
(i) information obtained, collected or recorded other
than for the purposes of Chapter 1A to the extent
the Chapter relates to driver fatigue or Chapter 6

Page 612 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 13 General

[s 727]

(the driver fatigue purposes), even if the

information is—
(A) coincidentally relevant for a driver fatigue
purpose; and
(B) recorded in an electronic work diary; or
(ii) information relating to proceedings before a
relevant tribunal or court that are or were open to
the public.
police agency means a police force or police service (however
called) of a participating jurisdiction, and includes an entity
prescribed by the Application Act of this jurisdiction as an
entity included in this definition.
protected information—
(a) means information obtained in the course of
administering this Law or because of an opportunity
provided by involvement in administering this Law; but
(b) does not include—
(i) intelligent access program information; or
Note—
See Chapter 7 for the restrictions on the use and disclosure
of intelligent access program information.
(ii) information mentioned in paragraph (a) in a form
that does not identify a person; or
(iii) information relating to proceedings before a
relevant tribunal or court that are or were open to
the public; or
(iv) electronic work diary protected information.
relevant law, of a participating jurisdiction, means a law
specified for this definition in a law of the jurisdiction.
(2) It is also an authorised use, for protected information
disclosed to or otherwise held by a police agency for any
purpose or for a particular purpose, to disclose the

Current as at 19 February 2024 Page 613

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 13 General

[s 728]

information to another police agency authorised to hold

protected information (whether or not for the same purpose).
(3) It is also an authorised use, for electronic work diary protected
information disclosed to or otherwise held by a police agency
for the purpose of the exercise of a driver fatigue compliance
function, to disclose the information to another police agency
authorised to hold electronic work diary protected information
for the purpose of the exercise of a driver fatigue compliance
function.
(4) To remove any doubt, it is declared that a reference in this Part
to the disclosure of protected information or electronic work
diary protected information to an entity includes a reference to
the disclosure of the information to a duly authorised
employee or agent of the entity.

728 Duty of confidentiality for protected information

(1) A person who is, or has been, a person exercising functions
under this Law must not disclose protected information to
another person.
Maximum penalty—$20000.
(2) However, subsection (1) does not apply to the Regulator—
(a) disclosing protected information in the form of a
confirmation that a stated person is the registered
operator of a stated heavy vehicle; or
(b) disclosing details of heavy vehicles registered in a
person’s name to an executor or administrator of that
person’s deceased estate.
(3) Also, subsection (1) does not apply if—
(a) the disclosure is to an entity for an authorised use; or
(b) the disclosure is to, or made with the agreement of, the
person to whom the information relates.

Page 614 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 13 General

[s 728A]

728A Duty of confidentiality for electronic work diary protected

information
(1) A person who is, or has been, a person exercising functions
under this Law must not disclose electronic work diary
protected information to another person.
Maximum penalty—$20000.
(2) Subsection (1) does not apply if—
(a) the disclosure is to an entity for an electronic work diary
authorised use; or
(b) the disclosure is to, or made with the agreement of, the
person to whom the information relates.

729 Protected information only to be used for authorised use

(1) A person who is, or has been, a person exercising functions
under this Law must not use protected information other than
for an authorised use.
Maximum penalty—$20000.
(2) However, subsection (1) does not apply to the Regulator using
protected information for making a disclosure mentioned in
section 728(2).
(3) A person to whom protected information is disclosed under
section 728(3)(a) must not use the protected information other
than for the authorised use for which it was disclosed to the
person.
Maximum penalty—$20000.

729A Electronic work diary protected information only to be

used for electronic work diary authorised use
(1) A person who is, or has been, a person exercising functions
under this Law must not use electronic work diary protected
information other than for an electronic work diary authorised
use.
Maximum penalty—$20000.
Current as at 19 February 2024 Page 615
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 13 General

[s 729B]

(2) A person to whom electronic work diary protected

information is disclosed under section 728A(2)(a) must not
use the information other than for the electronic work diary
authorised use for which it was disclosed to the person.
Maximum penalty—$20000.

729B Warrant authorising use of electronic work diary

protected information
(1) A warrant issued under section 507 by an authorised warrant
official who is a judge or magistrate may authorise electronic
work diary protected information to be seized under the
warrant.
(2) The warrant must state the purpose for which the information
may be used.
(3) An authorised officer may apply for, and the authorised
warrant official who is a judge or magistrate may issue, the
warrant for entry of a vehicle at a place stated in the warrant
or, despite sections 506(1) and 507(2)(a), wherever the
vehicle is located.
(4) Chapter 9 does not authorise an authorised officer to obtain
electronic work diary protected information for a purpose
other than the enforcement of a driver fatigue provision unless
the information is authorised to be seized under a warrant
mentioned in subsection (1).

Part 13.5 National regulations

730 National regulations

(1) For the purposes of this section, the designated authority is the
Queensland Governor acting with the advice of the Executive
Council of Queensland and on the unanimous
recommendation of the responsible Ministers.
(2) The designated authority may make regulations for the
purposes of this Law.
Page 616 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 13 General

[s 731]

(3) The regulations may provide for—

(a) any matter a provision of this Law states may be
provided for in the regulations; and
(b) the imposition of a maximum fine for a contravention of
a provision of the regulations of not more than—
(i) for a contravention by an individual—$4000; or
(ii) in any other case—$20000; and
Note—
However, a maximum fine imposed by the regulations may be
increased under section 737 to a higher amount.
(c) any other matter that is necessary or convenient to be
prescribed for carrying out or giving effect to this Law.
(4) Subsection (3)(b) does not require a provision of the
regulations prescribing a maximum fine for an offence to
expressly prescribe a maximum fine for a body corporate
different to the maximum fine for an individual.
Note—
See section 596 in relation to a provision of the regulations prescribing
a maximum fine that does not expressly prescribe a maximum fine for a
body corporate different to the maximum fine for an individual.
(5) In this section—
Queensland Governor means the Governor of the State of
Queensland and includes—
(a) a person acting under a delegation under section 40 of
the Constitution of Queensland 2001; and
(b) a person for the time being administering the
Government of Queensland under section 41 of the
Constitution of Queensland 2001.

731 National regulations for approved vehicle examiners

(1) Without limiting any other provision of this Law, the national
regulations may provide for—

Current as at 19 February 2024 Page 617

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 13 General

[s 731]

(a) the approval of classes of vehicle examiners to inspect

vehicles for the purposes of this Law; and
(b) the role of the Regulator in approving classes of vehicle
examiners and persons as vehicle examiners; and
(c) probity requirements for becoming and being approved
vehicle examiners; and
(d) the functions of approved vehicle examiners or classes
of approved vehicle examiners, including, for
example—
(i) the examination and testing of heavy vehicles and
equipment; and
(ii) the oversight of entities involved in the inspection
or repair of heavy vehicles; and
(iii) the clearance of vehicle defect notices; and
(e) the premises or location where functions of approved
vehicle examiners are permitted to be conducted and
any matters relating to the premises or location where
those functions are conducted; and
(f) the facilities and equipment that approved vehicle
examiners are required to have in connection with the
exercise of their functions; and
(g) the terms and conditions of approval of persons as
vehicle examiners (including, for example, fees,
qualifications and responsibilities); and
(h) procedures for monitoring and auditing compliance
with—
(i) the terms and conditions of approval of a person as
a vehicle examiner; and
(ii) the relevant provisions of this Law and any
applicable code of practice prescribed by the
national regulations; and
(iii) any other relevant requirements; and

Page 618 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 13 General

[s 732]

(i) the discipline of, and disciplinary procedures applying

to, approved vehicle examiners and entities having
responsibility for their functions (including directors,
managers and employees), whether—
(i) by way of monetary penalties, restriction on
functions, imposition of conditions, variation of
terms of appointment, suspension of appointment,
cancellation of appointment; or
(ii) in some other way.
(2) The national regulations may make provision with respect to
vehicle examiners (however described) appointed or
authorised under a law of any participating jurisdiction and
entities having responsibility for their functions (including
directors, managers and employees), including processes
relating to discipline and disciplinary procedures applying to
them.

732 National regulations for publication of agreements for

services to States or Territories
Without limiting any other provision of this Law, the national
regulations may provide that particular matters contained in or
relating to agreements referred to section 658(2) are to be
published on the Regulator’s website.

733 Publication of national regulations

(1) The national regulations are to be published on the NSW
legislation website in accordance with Part 6A of the
Interpretation Act 1987 of New South Wales.
(2) A regulation commences on the day or days specified in the
regulation for its commencement (being not earlier than the
date it is published).

Current as at 19 February 2024 Page 619

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 13 General

[s 734]

734 Scrutiny of national regulations

(1) The responsible Minister for a participating jurisdiction is to
refer any adverse report about a national regulation from a
legislation scrutiny body for that jurisdiction to the
responsible Ministers for consideration and advice.
(2) The responsible Ministers are to prepare advice on the adverse
report and provide a report to the relevant responsible
Minister about the issues raised.
(3) The report by the responsible Ministers is to be provided to
the responsible Minister in sufficient time to ensure the
responsible Minister can provide the response to the relevant
scrutiny body within a period that is appropriate in the
circumstances.
(4) Subsections (1) to (3) do not affect any legislative or other
arrangements regarding scrutiny and disallowance in
jurisdictions and do not limit a responsible Minister’s ability
to respond independently to any issues raised by a legislation
scrutiny body.
(5) In this section—
legislation scrutiny body means a parliamentary committee
(or other parliamentary body) whose functions include the
scrutiny of regulations and other subordinate legislation.

Part 13.6 Other

735 Approved forms

(1) The Regulator may approve forms for use under this Law.
(2) The approval of a form must be notified on the Regulator’s
website.
(3) Failure to comply with subsection (2) does not affect a form’s
validity.
(4) The function of approving forms includes the function of
approving the format of forms.
Page 620 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 13 General

[s 735A]

735A Legal professional privilege

Nothing in this Law compels a person to give information that
is the subject of legal professional privilege to another person.

736 Penalty at end of provision

In this Law, a penalty stated at the end of a provision indicates
that an offence mentioned in the provision is punishable on
conviction or, if no offence is mentioned, a contravention of
the provision constitutes an offence against the provision that
is punishable on conviction, by a penalty not more than the
stated penalty.
Note—
See also section 596 in relation to maximum fines for bodies corporate.

737 Increase of penalty amounts

(1) This section applies to the penalty stated at the end of a
provision for an offence (including a penalty whose amount
has already been increased by a previous application or
applications of this section).
(2) At the start of 1 July of each year, beginning with 1 July 2014,
the amount of each penalty is increased, from the amount that
applied immediately before that 1 July, in accordance with the
method prescribed by the national regulations for the purposes
of this section.
Note—
In some circumstances, the operation of the method can result in no
increases occurring on a particular 1 July.
(2A) To remove any doubt, the maximum fine limits mentioned in
section 730(3)(b) do not limit the application of
subsection (2).
(3) A recommendation of the responsible Ministers for national
regulations prescribing a method for the increase of penalties
can not be made unless the responsible Ministers are satisfied
that the method generally accords with increases in relevant
inflation indexes or similar indexes.
Current as at 19 February 2024 Page 621
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 13 General

[s 737A]

(4) As soon as practicable but before 1 July of each year, the

Regulator must publish on the Regulator’s website the
amounts of each penalty applying as from that date.

737A Application of s 737 to new penalties

(1) The enactment of a new penalty includes the enactment of an
increase in the amount of penalty applying under section 737,
to take effect when the new penalty commences.
(2) For applying section 737 under subsection (1) to a new
penalty, the amount of penalty applying under section 737 is
to be calculated as if—
(a) the new penalty had commenced before 1 July 2014;
and
(b) the amount of penalty applying had been increased
under section 737(2) on 1 July 2014 and any later 1 July
happening before the new penalty actually commences.
(3) In this section—
new penalty means a penalty amount stated at the end of a
provision for an offence inserted into this Law by an
amending Act.

738 Service of documents

(1) If this Law requires or permits a document to be served on a
person, the document may be served—
(a) on an individual—
(i) by delivering it to the individual personally; or
(ii) by leaving it at, or by sending it by post to, the
address of the place of residence or business of the
individual last known to the person serving the
document; or
(iii) by sending it by fax to a fax number notified to the
sender by the individual as an address at which

Page 622 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 13 General

[s 739]

service of documents under this Law will be

accepted; or
(iv) by sending it by email to an internet address
notified to the sender by the individual as an
address at which service of documents under this
Law will be accepted; or
(b) on another person—
(i) by leaving it at, or by sending it by post to, the
head office, a registered office or a principal office
of the person; or
(ii) by sending it by fax to a fax number notified to the
sender by the person as an address at which service
of documents under this Law will be accepted; or
(iii) by sending it by email to an internet address
notified to the sender by the person as an address at
which service of documents under this Law will be
accepted.
(2) Subsection (1) applies whether the expression ‘deliver’,
‘give’, ‘notify’, ‘send’ or ‘serve’ or another expression is
used.
(3) Subsection (1) does not affect—
(a) the operation of another law that authorises the service
of a document otherwise than as provided in the
subsection; or
(b) the power of a court or tribunal to authorise service of a
document otherwise than as provided in the subsection.

739 Service by post

(1) If a document authorised or required to be served on a person
under this Law is served by post, service of the document—
(a) may be effected by properly addressing, prepaying and
posting the document as a letter; and

Current as at 19 February 2024 Page 623

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 13 General

[s 740]

(b) is taken to have been effected at the time at which the

letter would be delivered in the ordinary course of post,
unless the contrary is proved.
(2) Subsection (1) applies whether the expression ‘deliver’,
‘give’, ‘notify’, ‘send’ or ‘serve’ or another expression is
used.

740 Fees
(1) The national regulations may prescribe the fees payable for
the following—
(a) an application under this Law (whether or not another
provision of this Law refers to payment of the
prescribed fee for the application);
(b) the issue of a work diary for the driver of a
fatigue-regulated heavy vehicle.
(2) The Regulator may set fees payable for the provision of a
service in connection with the administration of this Law
(other than fees mentioned in subsection (1)).
(3) The national regulations may provide that stated kinds of fees
may be set by the Regulator for inspection services, except so
far as those fees are provided for under another law of this
jurisdiction.
(4) A fee set by the Regulator under subsection (2) or (3) must be
an amount—
(a) the Regulator considers reasonable; and
(b) that is no more than the reasonable cost of providing the
service.
(5) The Regulator must publish a fee set by the Regulator under
subsection (2) or (3)—
(a) in the Commonwealth Gazette; and
(b) on the Regulator’s website.

Page 624 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 13 General

[s 740A]

(6) The Regulator may waive payment of the whole or part of a

fee in circumstances, or in circumstances of a kind, prescribed
by the national regulations.
(7) If a fee is prescribed for an application or any other matter
under this Law, the decision-maker may decline to deal with
the application or proceed with the other matter until the fee is
paid.

740A Increase of fee amounts

(1) This section applies to a fee payable under section 740,
including a fee whose amount has already been increased by a
previous application or applications of this section.
(2) At the start of 1 July of each year, starting with 1 July 2016,
the amount of the fee is increased from the amount that
applied immediately before that 1 July, in accordance with the
method prescribed by the national regulations for the purposes
of this section.
Note—
In some circumstances, the operation of the method can result in no
increases occurring on a particular 1 July.
(3) A recommendation of the responsible Ministers for national
regulations prescribing a method for the increase of fees may
not be made unless the responsible Ministers are satisfied the
method generally accords with increases in relevant inflation
indexes or similar indexes.
(4) As soon as practicable, but before 1 July of each year, the
Regulator must, by public notice, publish the amounts of each
fee applying as from that date.

741 Recovery of amounts payable under Law

(1) A fee, charge or other amount payable under this Law is a
debt due to the Regulator and may be recovered by action for
a debt in a court of competent jurisdiction.

Current as at 19 February 2024 Page 625

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 13 General

[s 742]

(2) A fee, charge or other amount payable under this Law may
also be recovered in a proceeding for an offence against this
Law.
(3) An order made under subsection (2)—
(a) can not be for an amount exceeding the monetary
jurisdictional limit of the court in civil proceedings; and
(b) is taken to be, and is enforceable as, a judgment of the
court sitting in civil proceedings.

742 Contracting out prohibited

(1) A contract is void to the extent to which it—
(a) is contrary to this Law; or
(b) purports to annul, exclude, restrict or otherwise change
the effect of a provision of this Law; or
(c) purports to require the payment or reimbursement by a
person of all or part of a penalty that another person has
been ordered to pay under this Law.
(2) This section does not prevent the parties to a contract from
including provisions in the contract imposing greater or more
onerous obligations on an entity than are imposed by the
requirements of this Law.
(3) This section applies to contracts entered into before or after
the commencement of this section.

743 Other powers not affected

(1) Unless otherwise provided in this Law, nothing in this Law
affects any power a court, tribunal or official has apart from
this Law.
(2) Without limiting subsection (1), nothing in this Law affects a
power or obligation under another law to amend, suspend,
cancel or otherwise deal with the registration of a heavy
vehicle.

Page 626 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 14 Savings and transitional provisions

[s 744]

Chapter 14 Savings and transitional

provisions

Part 14.1 Interim provisions relating to

Ministers and Board

744 Responsible Ministers

(1) This section applies if a jurisdiction—
(a) is not a participating jurisdiction; but
(b) has signed the Inter-governmental Agreement on Heavy
Vehicle Regulatory Reform, as in force from time to
time, between the Commonwealth of Australia and the
States and Territories of Australia.
(2) The jurisdiction may nominate a Minister to be the
responsible Minister for the jurisdiction for the purposes of
this Law until the prescribed day for the jurisdiction.
(3) Until the prescribed day for the jurisdiction, the relevant
provisions of this Law apply as if—
(a) the jurisdiction were a participating jurisdiction; and
(b) the Minister nominated under subsection (2) were the
responsible Minister for the jurisdiction for the purposes
of this Law.
(4) To remove any doubt, it is declared that this section does not
prevent the Minister nominated under subsection (2) being
nominated as the responsible Minister for the jurisdiction after
the participation day for the jurisdiction.
(5) In this section—
participation day, for a participating jurisdiction, means the
day the jurisdiction became a participating jurisdiction.
prescribed day, for a jurisdiction, means the earlier of the
following—
Current as at 19 February 2024 Page 627
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 14 Savings and transitional provisions

[s 745]

(a) the participation day for the jurisdiction;

(b) 30 June 2014.
relevant provisions means the provisions of this Law relating
to the functions of responsible Ministers under this Law other
than section 652.

745 Exercise of powers by Board between enactment and

commencement
(1) This section applies if—
(a) under section 30 of Schedule 1, the Queensland
Minister, on the unanimous recommendation of the
responsible Ministers, appoints the members of the
Board before section 663 commences; and
(b) a provision of this Law conferring a function on the
Board (a relevant provision) has not commenced.
(2) The members—
(a) may meet and exercise the function under the relevant
provision in the same way and subject to the same
conditions that would apply if the relevant provision had
commenced; and
(b) in doing so, are entitled to be paid the remuneration and
allowances to which the members are entitled under
section 666 whether or not that section has commenced.
(3) For the purposes of deciding the duration of the term of office
of a member of the Board, the term does not start until
section 663 commences despite the exercise of any function
by the member under subsection (2).
(4) The exercise of a function under a relevant provision does not
confer a right, or impose a liability, on a person before the
relevant provision commences.
(5) This section does not limit section 30 of Schedule 1.

Page 628 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 14 Savings and transitional provisions

[s 746]

Part 14.2 General provisions

746 Application of Part 14.2

(1) This Part has effect in relation to this jurisdiction except to the
extent any law of this jurisdiction expressly or impliedly
overrides a provision of this Part.
(2) Nothing in this Part limits section 34 of Schedule 1, except to
the extent that the context or subject matter otherwise
indicates or requires.

747 Definitions for Part 14.2

In this Part—
commencement day, for this jurisdiction, means, with respect
to a provision of this Law, the day this jurisdiction became a
participating jurisdiction in relation to that provision.
current PBS scheme means the scheme in operation
immediately before the commencement day relating to
compliance with legislative requirements for heavy vehicles
by reference to performance based standards, and comprises
such of the following instruments as are in force immediately
before the commencement day—
(a) the Standards and Vehicle Assessment Rules as at 10
November 2008;
(b) the Assessor Accreditation Rules (July 2007);
(c) the Vehicle Certification Rules (July 2007);
(d) the Network Classification Guidelines (July 2007);
(e) the Guidelines for Determining National Operating
Conditions (July 2007).
former legislation, of this jurisdiction, means legislation of
this jurisdiction that is repealed on the participation day for
this jurisdiction or is superseded by provisions of this Law on
that day.

Current as at 19 February 2024 Page 629

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 14 Savings and transitional provisions

[s 748]

participation day, for this jurisdiction, means the day this

jurisdiction became a participating jurisdiction.
relevant instrument—
(a) means an application, permit, notice, authority or any
other document; and
(b) without limiting paragraph (a), includes any document
prescribed by a law of this jurisdiction as being within
this definition; but
(c) does not include any document prescribed by a law of
this jurisdiction as not being within this definition.

748 General savings and transitional provision

(1) This section applies if a provision of this Law corresponds to
a provision of the former legislation.
(2) Anything done under the provision of the former legislation
before the commencement day has effect as if—
(a) this Law had been in force when the thing was done; and
(b) the thing had been done under this Law; and
(c) any reference to a person in, or in relation to, the
provision were a reference to the nearest equivalent
person under this Law; and
(d) any reference in, or in relation to, the provision to
another provision of the former legislation were a
reference to the corresponding provision of this Law;
and
(e) any other adaptations necessary to enable the thing to be
effective under this Law have been made;
and accordingly the thing is taken to have been done under
this Law.
(3) Subsection (2) does not apply to the following—
(a) any appointment of a person as an authorised officer;

Page 630 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 14 Savings and transitional provisions

[s 748]

(b) any appointment of any other person who was employed

by the department or body administering the former
legislation;
(c) any prosecution of an offence that had not been
completed immediately before the commencement day;
(d) any review or appeal, or anything related to a review or
appeal, that was unresolved immediately before the
commencement day;
(e) anything excluded from the operation of this section by
the national regulations.
(4) Any prosecution, review or appeal referred to in
subsection (3)(c) or (d) is to proceed as if the former
legislation were still in force in the form it was in at the
relevant time before the commencement day.
(5) On the final completion of any prosecution, review or appeal
referred to in subsection (3)(c) or (d), it is to be treated as if it
had occurred under this Law.
(6) The Regulator is not liable for anything the Regulator is taken
to have done under this section that was done before the
commencement day.
(7) Proceedings are not to be commenced by the Regulator for an
offence arising from any action or inaction that was completed
before the commencement day, but nothing in this section
affects the commencement of proceedings by another person.
(8) The national regulations may provide for, and from
commencement day could always provide for—
(a) the issue of mass or dimension authorities or HML
declarations in replacement of instruments or
authorisations preserved under subsection (2), without
further procedural requirements under the Law; and
(b) the further preservation of anything not covered by the
replacement.
(9) In this section—

Current as at 19 February 2024 Page 631

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 14 Savings and transitional provisions

[s 749]

HML declarations means HML declarations under the Heavy

Vehicle (Mass, Dimension and Loading) National Regulation.

749 Expiry of certain permits, exemptions, notices and

authorities
(1) This section applies if a permit, exemption, notice or
authority—
(a) is taken to have been made under this Law under
section 748; and
(b) is not subject to an expiry date, or is subject to an expiry
date—
(i) that, in the case of a permit, exceeds 3 years after
the commencement day; or
(ii) that in any other case exceeds 5 years after the
commencement day.
(2) In the case of a permit, it expires 3 years after the
commencement day, unless it is cancelled before that day.
(3) In the case of an exemption, notice or authority, it expires 5
years after the commencement day, unless it is cancelled
before that day.
(4) Despite subsections (2) and (3), a modification approval
granted in respect of a vehicle is to continue for the life of the
vehicle.
(5) For the purposes of this section, a permit that solely provides
an exemption is to be considered to be an exemption.

750 Amendment or cancellation of instruments carried over

from former legislation
(1) This section applies to any instrument—
(a) that is taken to have been made under this Law under
section 748; and
(b) that applies to more than one person and that confers a
benefit on at least one person; and
Page 632 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 14 Savings and transitional provisions

[s 751]

(c) that is of a class of instrument that is specified by the

National Regulations for the purposes of this section.
(2) An amendment or cancellation of part of the instrument by
implication does not affect the remainder of the instrument.
Example—
If an instrument relates to mass and fatigue exemptions, a notice
cancelling only the fatigue exemptions will not cancel the mass
exemptions. The mass exemptions, and their associated conditions, will
continue in force until they are separately amended, or until they expire.
(3) Despite anything to the contrary in this Law, if the instrument
is amended or cancelled and the amendment or cancellation
has the effect of removing or reducing the benefit previously
conferred on a person by the instrument, the person may
continue to enjoy the benefit as if the amendment or
cancellation had not occurred until the instrument would have
expired had the amendment or cancellation not occurred.
(4) Despite anything to the contrary in this Law other than
subsection (3), the Regulator may amend or cancel the
instrument simply by publishing a public notice of the
amendment or cancellation.
(5) The amendment or cancellation takes effect—
(a) 28 days after the Commonwealth Gazette notice is
published under subsection (4); or
(b) if a later time is stated in the Commonwealth Gazette
notice, at the later time.
(6) This section applies even to amendments and cancellations
that occur by implication, and it is not necessary that the
instrument being amended or cancelled be identified in the
amending or cancelling notice.

751 Expiry of industry codes of practice

(1) This section applies if a code of practice—
(a) is taken to have been made under this Law under
section 748; and
Current as at 19 February 2024 Page 633
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 14 Savings and transitional provisions

[s 752]

(b) is not subject to a review date, or is subject to a review

date that exceeds 3 years after the commencement day.
(2) The code of practice expires 3 years after the commencement
day, unless it is cancelled before that day.

752 Pending matters

(1) This section applies if—
(a) section 748 applies to a relevant instrument (for
example, an application); and
(b) any matter (for example, the determination of an
application) is pending in respect of the instrument
immediately before the participation day for this
jurisdiction.
(2) When the matter is being dealt with on or after the
participation day for this jurisdiction—
(a) the Regulator (or other person having functions under
this Law in relation to the matter) may have regard to
any relevant provisions of the former legislation for this
jurisdiction; and
(b) this Law applies in relation to the matter—
(i) with any adaptations the Regulator (or other
person) considers appropriate to achieve
consistency with provisions of the former
legislation; and
(ii) with any necessary adaptations.

753 Preservation of current PBS scheme

(1) The instruments that comprise the current PBS scheme—
(a) continue in force on and from the commencement day
despite the commencement of any provision of this
Law; and

Page 634 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 14 Savings and transitional provisions

[s 754]

(b) apply with any necessary or appropriate modifications

with respect to any relevant provisions of this Law or
any relevant functions of the Regulator; and
(c) so apply as if a reference in the instruments to the
National Transport Commission included a reference to
the Regulator.
(2) This section ceases to apply to an instrument if it is replaced
by approved guidelines or it is otherwise dispensed with.

754 Preservation of contracts for current PBS scheme

(1) This section applies to a contract between the National
Transport Commission and another person that relates to the
appointment or functions of the person for the purposes of the
current PBS scheme and that is in force immediately before
the commencement day.
(2) A contract to which this section applies and the arrangements
to which the contract relates—
(a) continue in force on and from the commencement day
despite the commencement of any provision of this
Law; and
(b) apply with any necessary or appropriate modifications
with respect to any relevant provisions of this Law or
any relevant functions of the Regulator; and
(c) so apply as if a reference in the contract to the National
Transport Commission included a reference to the
Regulator.
(3) This section ceases to apply to a contract with another person
referred to in subsection (1) if—
(a) the contract is terminated; or
(b) a subsequent contract is entered into with the Regulator
and the other person for a similar or a corresponding
purpose.

Current as at 19 February 2024 Page 635

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 14 Savings and transitional provisions

[s 755]

755 National regulations for savings and transitional matters

(1) The national regulations may contain provisions of a savings
and transitional nature consequent on the enactment or
commencement of provisions of this Law in a jurisdiction.
(2) Any such provision may, if the national regulations so
provide, take effect in relation to this jurisdiction from the
participation day for this jurisdiction or a later day.
(3) To the extent any such provision takes effect from a day that is
earlier than the date of its publication, the provision does not
operate so as—
(a) to affect, in a manner prejudicial to any person (other
than this jurisdiction or an authority of this jurisdiction),
the rights of that person existing before the date of its
publication; or
(b) to impose liabilities on any person (other than this
jurisdiction or an authority of this jurisdiction) in
respect of anything done or omitted to be done before
the date of its publication.
(4) Without limiting subsections (1) to (3), the national
regulations may contain provisions of a savings or transitional
nature that—
(a) have effect in circumstances where some but not all the
provisions of this Law are commenced; and
(b) without limiting paragraph (a), modify the operation of
the commenced provisions pending and after
commencement of the uncommenced provisions.

Page 636 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 14 Savings and transitional provisions

[s 756]

Part 14.3 Heavy Vehicle National Law

Amendment Act 2015
(Queensland)

756 Application of s 87A to previously fitted plate or label

Section 87A applies to tampering with a plate or label fitted or
affixed to a heavy vehicle under section 86(2) or 87(3) before
the commencement of section 87A.

757 Saving of stated map and other matters under s 119 or

142
(1) Subsections (2) to (5) apply to the following—
(a) a stated map applied under unamended section 119(2) in
a mass or dimension exemption (notice) in existence
immediately before the commencement;
(b) the areas or routes shown on the stated map immediately
before the commencement;
(c) a list of areas or routes applied, adopted or incorporated
under Schedule 1, section 24(1) in a mass or dimension
exemption (notice) in existence immediately before the
commencement;
(d) road conditions or travel conditions shown on a stated
map or list mentioned in paragraph (a) or (c).
(2) The stated map is taken to be a stated map applied under
amended section 119(2).
(3) The list of areas or routes is taken to be a stated list applied
under amended section 119(2).
(4) The road conditions or travel conditions are taken to be
imposed under amended section 119(3).
(5) The areas, routes, road conditions and travel conditions shown
on the stated map mentioned in subsection (2) or stated list
mentioned in subsection (3) may only be amended under
amended section 119 and section 119A.
Current as at 19 February 2024 Page 637
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 14 Savings and transitional provisions

[s 757]

(6) Subsections (7) to (10) apply to the following—

(a) a stated map applied under unamended section 142(2) in
a class 2 heavy vehicle authorisation (notice) in
existence immediately before the commencement;
(b) the areas or routes shown on the stated map immediately
before the commencement;
(c) a list of areas or routes applied, adopted or incorporated
under Schedule 1, section 24(1) in a class 2 heavy
vehicle authorisation (notice) in existence immediately
before the commencement;
(d) road conditions or travel conditions shown on a stated
map or list mentioned in paragraph (a) or (c).
(7) The stated map is taken to be a stated map applied under
amended section 142(2).
(8) The list of areas or routes is taken to be a stated list applied
under amended section 142(2).
(9) The road conditions or travel conditions are taken to be
imposed under amended section 142(3).
(10) The areas, routes, road conditions and travel conditions shown
on the stated map mentioned in subsection (7) or the stated list
mentioned in subsection (8) may only be amended under
amended section 142 and section 142A.
(11) In this section—
amended, in relation to a section, means the section as
amended by the amendment Act.
amendment Act means the Heavy Vehicle National Law
Amendment Act 2015 (Queensland).
commencement means—
(a) for the purposes of subsection (1)—the commencement
of the amendment of section 119 under the amendment
Act; or

Page 638 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)
Chapter 14 Savings and transitional provisions

[s 758]

(b) for the purposes of subsection (6)—the commencement

of the amendment of section 142 under the amendment
Act.
road conditions means road conditions required by the
relevant road manager under section 160.
travel conditions means travel conditions required by the
relevant road manager under section 161.
unamended, in relation to a section, means the section as it
existed immediately before it was amended by the amendment
Act.

758 Application of s 737 to a new penalty

(1) The repeal of an old penalty by the amendment Act repeals
any increase, in force immediately before the repeal, in the
amount of penalty applying under section 737.
(2) The enactment of a new penalty includes the enactment of an
increase, to take effect immediately on the commencement of
the new penalty, in the amount of penalty applying under
section 737.
(3) For the purpose of applying section 737 under subsection (2)
to a new penalty, the amount of penalty applying under
section 737 is to be calculated as if—
(a) the new penalty had commenced before 1 July 2014;
and
(b) the amount of penalty applying had been increased
under section 737(2) on 1 July 2014 and any later 1 July
happening before the new penalty actually commences.
(4) Before the commencement of the new penalties, the Regulator
must publish on the Regulator’s website the amounts of each
penalty applying under subsections (2) and (3) and under
section 737 on the commencement of the new penalties.
Note—
A list of all penalties to which section 737 applies must be published.
(5) In this section—
Current as at 19 February 2024 Page 639
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)
Chapter 14 Savings and transitional provisions

[s 759]

amendment Act means the Heavy Vehicle National Law

Amendment Act 2015 (Queensland).
old penalty means a penalty amount stated in column 2 of the
schedule to the amendment Act.
new penalty means a penalty amount stated—
(a) in column 3 of the schedule to the amendment Act; or
(b) at the end of a provision for an offence inserted by the
amendment Act into this Law.

Part 14.4 Heavy Vehicle National Law

and Other Legislation
Amendment Act 2016
(Queensland)

759 Application of s 737 to a new penalty

(1) The enactment of a new penalty includes the enactment of an
increase in the amount of penalty applying under section 737,
to take effect when the new penalty commences.
(2) For the purpose of applying section 737 under subsection (1)
to a new penalty, the amount of penalty applying under
section 737 is to be calculated as if—
(a) the new penalty had commenced before 1 July 2014;
and
(b) the amount of penalty applying had been increased
under section 737(2) on 1 July 2014 and any later 1 July
happening before the new penalty actually commences.
(3) In this section—
new penalty means a penalty stated at the end of a provision
enacted by the Heavy Vehicle National Law and Other
Legislation Amendment Act 2016 (Queensland).

Page 640 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)

Schedule 1

Schedule 1 Miscellaneous provisions

relating to interpretation

section 10

Part 1 Preliminary

1 Displacement of Schedule by contrary intention

The application of this Schedule may be displaced, wholly or
partly, by a contrary intention appearing in this Law.

Part 2 General

2 Law to be construed not to exceed legislative power of

Parliament
(1) This Law is to be construed as operating to the full extent of,
but so as not to exceed, the legislative power of the Parliament
of this jurisdiction.
(2) If a provision of this Law, or the application of a provision of
this Law to a person, subject matter or circumstance, would,
but for the purposes of this section, be construed as being in
excess of the legislative power of the Parliament of this
jurisdiction—
(a) it is a valid provision to the extent to which it is not in
excess of the power; and
(b) the remainder of this Law, and the application of the
provision to other persons, subject matters or
circumstances, is not affected.
(3) This section applies to this Law in addition to, and without
limiting the effect of, any provision of this Law.

Current as at 19 February 2024 Page 641

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)

Schedule 1

3 Every section to be a substantive enactment

Every section of this Law has effect as a substantive
enactment without introductory words.

4 Material that is, and is not, part of this Law

(1) The heading to a Chapter, Part, Division or Subdivision into
which this Law is divided is part of this Law.
(2) A Schedule to this Law is part of this Law.
(3) Punctuation in this Law is part of this Law.
(4) A heading to a section or subsection of this Law does not form
part of this Law.
(5) Notes included in this Law (including footnotes and endnotes)
do not form part of this Law.

5 References to particular Acts and to enactments

In this Law—
(a) an Act of this jurisdiction may be cited—
(i) by its short title; or
(ii) by reference to the year in which it was passed and
its number; and
(b) Commonwealth Act may be cited—
(i) by its short title; or
(ii) in another way sufficient in a Commonwealth Act
for the citation of such an Act;
together with a reference to the Commonwealth; and
(c) an Act of another jurisdiction may be cited—
(i) by its short title; or
(ii) in another way sufficient in an Act of the
jurisdiction for the citation of such an Act;
together with a reference to the jurisdiction.

Page 642 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)

Schedule 1

6 References taken to be included in Law or Act citation

etc.
(1) A reference in this Law to this Law or an Act includes a
reference to—
(a) this Law or the Act as originally enacted, and as
amended from time to time since its original enactment;
and
(b) if this Law or the Act has been repealed and re-enacted
(with or without modification) since the enactment of
the reference—this Law or the Act as re-enacted, and as
amended from time to time since its re-enactment.
(2) A reference in this Law to a provision of this Law or of an Act
includes a reference to—
(a) the provision as originally enacted, and as amended
from time to time since its original enactment; and
(b) if the provision has been omitted and re-enacted (with or
without modification) since the enactment of the
reference—the provision as re-enacted, and as amended
from time to time since its re-enactment.
(3) Subsections (1) and (2) apply to a reference in this Law to a
law of the Commonwealth or another jurisdiction as they
apply to a reference in this Law to an Act and to a provision of
an Act.

7 Interpretation best achieving Law’s purpose or object

(1) In the interpretation of a provision of this Law, the
interpretation that will best achieve the purpose or object of
this Law is to be preferred to any other interpretation.
(2) Subsection (1) applies whether or not the purpose or object is
expressly stated in this Law.

8 Use of extrinsic material in interpretation

(1) In this section—

Current as at 19 February 2024 Page 643

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)

Schedule 1

extrinsic material means relevant material not forming part of

this Law, including, for example—
(a) material that is set out in the document containing the
text of this Law as printed by the Government Printer;
and
(b) a relevant report of a Royal Commission, Law Reform
Commission, commission or committee of inquiry, or a
similar body, that was laid before the Parliament of this
jurisdiction before the provision concerned was enacted;
and
(c) a relevant report of a committee of the Parliament of this
jurisdiction that was made to the Parliament before the
provision was enacted; and
(d) a treaty or other international agreement that is
mentioned in this Law; and
(e) an explanatory note or memorandum relating to the Bill
that contained the provision, or any relevant document,
that was laid before, or given to the members of, the
Parliament of this jurisdiction by the member bringing
in the Bill before the provision was enacted; and
(f) the speech made to the Parliament of this jurisdiction by
the member in moving a motion that the Bill be read a
second time; and
(g) material in the Votes and Proceedings of the Parliament
of this jurisdiction or in any official record of debates in
the Parliament of this jurisdiction; and
(h) a document that is declared by this Law to be a relevant
document for the purposes of this section.
ordinary meaning means the ordinary meaning conveyed by a
provision having regard to its context in this Law and to the
purpose of this Law.
(2) Subject to subsection (3), in the interpretation of a provision
of this Law, consideration may be given to extrinsic material
capable of assisting in the interpretation—
(a) if the provision is ambiguous or obscure—to provide an
interpretation of it; or
Page 644 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)

Schedule 1

(b) if the ordinary meaning of the provision leads to a result

that is manifestly absurd or is unreasonable—to provide
an interpretation that avoids such a result; or
(c) in any other case—to confirm the interpretation
conveyed by the ordinary meaning of the provision.
(3) In determining whether consideration should be given to
extrinsic material, and in determining the weight to be given
to extrinsic material, regard is to be had to—
(a) the desirability of a provision being interpreted as
having its ordinary meaning; and
(b) the undesirability of prolonging proceedings without
compensating advantage; and
(c) other relevant matters.

9 Effect of change of drafting practice

If—
(a) a provision of this Law expresses an idea in particular
words; and
(b) a provision enacted later appears to express the same
idea in different words for the purpose of implementing
a different legislative drafting practice, including, for
example—
(i) the use of a clearer or simpler style; or
(ii) the use of gender-neutral language;
the ideas must not be taken to be different merely because
different words are used.

10 Use of examples
If this Law includes an example of the operation of a
provision—
(a) the example is not exhaustive; and
(b) the example does not limit, but may extend, the meaning
of the provision; and
Current as at 19 February 2024 Page 645
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)

Schedule 1

(c) the example and the provision are to be read in the

context of each other and the other provisions of this
Law, but, if the example and the provision so read are
inconsistent, the provision prevails.

11 Compliance with forms

(1) If a form is prescribed or approved by or for the purpose of
this Law, strict compliance with the form is not necessary and
substantial compliance is sufficient.
(2) If a form prescribed or approved by or for the purpose of this
Law requires—
(a) the form to be completed in a specified way; or
(b) specified information or documents to be included in,
attached to or given with the form; or
(c) the form, or information or documents included in,
attached to or given with the form, to be verified in a
specified way;
the form is not properly completed unless the requirement is
complied with.

Part 3 Terms and references

12 Definitions
(1) In this Law—
Act means an Act of the Parliament of this jurisdiction.
adult means an individual who is 18 or more.
affidavit, in relation to a person allowed by law to affirm,
declare or promise, includes affirmation, declaration and
promise.
amend includes—
(a) omit or omit and substitute; or
(b) alter or vary; or
Page 646 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)

Schedule 1

(c) amend by implication.

appoint includes reappoint.
Australia means the Commonwealth of Australia but, when
used in a geographical sense, does not include an external
Territory.
business day means a day that is not—
(a) a Saturday or Sunday; or
(b) a public holiday, special holiday or bank holiday in the
place in which any relevant act is to be or may be done.
calendar month means a period starting at the beginning of
any day of one of the 12 named months and ending—
(a) immediately before the beginning of the corresponding
day of the next named month; or
(b) if there is no such corresponding day—at the end of the
next named month.
calendar year means a period of 12 months beginning on 1
January.
commencement, in relation to this Law or an Act or a
provision of this Law or an Act, means the time at which this
Law, the Act or provision comes into operation.
Commonwealth means the Commonwealth of Australia but,
when used in a geographical sense, does not include an
external Territory.
confer, in relation to a function, includes impose.
contravene includes fail to comply with.
country includes—
(a) a federation; or
(b) a state, province or other part of a federation.
date of assent, in relation to an Act, means the day on which
the Act receives the Royal Assent.
definition means a provision of this Law (however expressed)
that—
Current as at 19 February 2024 Page 647
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)

Schedule 1

(a) gives a meaning to a word or expression; or

(b) limits or extends the meaning of a word or expression.
document includes—
(a) any paper or other material on which there is writing;
and
(b) any paper or other material on which there are marks,
figures, symbols or perforations having a meaning for a
person qualified to interpret them; and
(c) any disc, tape or other article or any material from
which sounds, images, writings or messages are capable
of being reproduced (with or without the aid of another
article or device).
electronic communication means—
(a) a communication of information in the form of data, text
or images by means of guided or unguided
electromagnetic energy, or both; or
(b) a communication of information in the form of sound by
means of guided or unguided electromagnetic energy, or
both, where the sound is processed at its destination by
an automated voice recognition system.
estate includes easement, charge, right, title, claim, demand,
lien or encumbrance, whether at law or in equity.
expire includes lapse or otherwise cease to have effect.
external Territory means a Territory, other than an internal
Territory, for the government of which as a Territory provision
is made by a Commonwealth Act.
fail includes refuse.
financial year means a period of 12 months beginning on 1
July.
foreign country means a country (whether or not an
independent sovereign State) outside Australia and the
external Territories.
function includes a power or duty.
Page 648 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)

Schedule 1

Government Printer means the Government Printer of this

jurisdiction, and includes any other person authorised by the
Government of this jurisdiction to print an Act or instrument.
individual means a natural person.
information system means a system for generating, sending,
receiving, storing or otherwise processing electronic
communications.
insert, in relation to a provision of this Law, includes
substitute.
instrument includes a statutory instrument.
interest, in relation to land or other property, means—
(a) a legal or equitable estate in the land or other property;
or
(b) a right, power or privilege over, or in relation to, the land
or other property.
internal Territory means the Australian Capital Territory, the
Jervis Bay Territory or the Northern Territory.
Jervis Bay Territory means the Territory mentioned in the
Jervis Bay Territory Acceptance Act 1915 of the
Commonwealth.
make includes issue or grant.
minor means an individual who is under 18.
modification includes addition, omission or substitution.
month means a calendar month.
named month means 1 of the 12 months of the year.
Northern Territory means the Northern Territory of Australia.
number means—
(a) a number expressed in figures or words; or
(b) a letter; or
(c) a combination of a number so expressed and a letter.

Current as at 19 February 2024 Page 649

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)

Schedule 1

oath, in relation to a person allowed by law to affirm, declare

or promise, includes affirmation, declaration or promise.
office includes position.
omit, in relation to a provision of this Law or an Act, includes
repeal.
party includes an individual or a body politic or corporate.
penalty includes forfeiture or punishment.
person includes an individual or a body politic or corporate.
power includes authority.
prescribed means prescribed by, or by regulations made or in
force for the purposes of or under, this Law.
printed includes typewritten, lithographed or reproduced by
any mechanical means.
proceeding means a legal or other action or proceeding.
property means any legal or equitable estate or interest
(whether present or future, vested or contingent, or tangible or
intangible) in real or personal property of any description
(including money), and includes things in action.
provision, in relation to this Law or an Act, means words or
other matter that form or forms part of this Law or the Act,
and includes—
(a) a Chapter, Part, Division, Subdivision, section,
subsection, paragraph, subparagraph, sub-subparagraph
or Schedule of or to this Law or the Act; and
(b) a section, clause, subclause, item, column, table or form
of or in a Schedule to this Law or the Act; and
(c) the long title and any preamble to the Act.
record includes information stored or recorded by means of a
computer.
repeal includes—
(a) revoke or rescind; and
(b) repeal by implication; and
Page 650 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)

Schedule 1

(c) abrogate or limit the effect of this Law or the instrument

concerned; and
(d) exclude from, or include in, the application of this Law
or the instrument concerned any person, subject matter
or circumstance.
sign includes the affixing of a seal or the making of a mark.
statutory declaration means a declaration made under an Act,
or under a Commonwealth Act or an Act of another
jurisdiction, that authorises a declaration to be made
otherwise than in the course of a judicial proceeding.
statutory instrument means an instrument (including a
regulation) made or in force under or for the purposes of this
Law, and includes an instrument made or in force under any
such instrument.
swear, in relation to a person allowed by law to affirm, declare
or promise, includes affirm, declare or promise.
word includes any symbol, figure or drawing.
writing includes any mode of representing or reproducing
words in a visible form.
year, without specifying the type of year, means calendar
year.
(2) In a statutory instrument—
the Law means this Law.

13 Provisions relating to defined terms and gender and

number
(1) If this Law defines a word or expression, other parts of speech
and grammatical forms of the word or expression have
corresponding meanings.
(2) Definitions in or applicable to this Law apply except so far as
the context or subject matter otherwise indicates or requires.
(3) In this Law, words indicating a gender include each other
gender.
(4) In this Law—
Current as at 19 February 2024 Page 651
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)

Schedule 1

(a) words in the singular include the plural; and

(b) words in the plural include the singular.

14 Meaning of ‘may’ and ‘must’

(1) In this Law, the word may, or a similar word or expression,
used in relation to a power indicates that the power may be
exercised or not exercised, at discretion.
(2) In this Law, the word must, or a similar word or expression,
used in relation to a power indicates that the power is required
to be exercised.
(3) This section has effect despite any rule of construction to the
contrary.

15 Words and expressions used in statutory instruments

(1) Words and expressions used in a statutory instrument have the
same meanings as they have, from time to time, in this Law, or
relevant provisions of this Law, under or for the purposes of
which the instrument is made or in force.
(2) This section has effect in relation to a statutory instrument
except so far as the contrary intention appears in the
instrument.

16 Effect of express references to bodies corporate and

individuals
In this Law, a reference to a person generally (whether the
expression “person”, “party”, “someone”, “anyone”,
“no-one”, “one”, “another” or “whoever” or another
expression is used)—
(a) does not exclude a reference to a body corporate or an
individual merely because elsewhere in this Law there is
particular reference to a body corporate (however
expressed); and
(b) does not exclude a reference to a body corporate or an
individual merely because elsewhere in this Law there is
Page 652 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)

Schedule 1

particular reference to an individual (however

expressed).

17 Production of records kept in computers etc.

If a person who keeps a record of information by means of a
mechanical, electronic or other device is required by or under
this Law—
(a) to produce the information or a document containing the
information to a court, tribunal or person; or
(b) to make a document containing the information
available for inspection by a court, tribunal or person;
then, unless the court, tribunal or person otherwise directs—
(c) the requirement obliges the person to produce or make
available for inspection, as the case may be, a document
that reproduces the information in a form capable of
being understood by the court, tribunal or person; and
(d) the production to the court, tribunal or person of the
document in that form complies with the requirement.

18 References to this jurisdiction to be implied

In this Law—
(a) a reference to an officer, office or statutory body is a
reference to such an officer, office or statutory body in
and for this jurisdiction; and
(b) a reference to a locality or other matter or thing is a
reference to such a locality or other matter or thing in
and of this jurisdiction.

19 References to officers and holders of offices

In this Law, a reference to a particular officer, or to the holder
of a particular office, includes a reference to the person for the
time being occupying or acting in the office concerned.

Current as at 19 February 2024 Page 653

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)

Schedule 1

20 Reference to certain provisions of Law

If a provision of this Law refers—
(a) to a Chapter, Part, section or Schedule by a number and
without reference to this Law—the reference is a
reference to the Chapter, Part, section or Schedule,
designated by the number, of or to this Law; or
(b) to a Schedule without reference to it by a number and
without reference to this Law—the reference, if there is
only one Schedule to this Law, is a reference to the
Schedule; or
(c) to a Division, Subdivision, subsection, paragraph,
subparagraph, sub-subparagraph, clause, subclause,
item, column, table or form by a number and without
reference to this Law—the reference is a reference to—
(i) the Division, designated by the number, of the Part
in which the reference occurs; and
(ii) the Subdivision, designated by the number, of the
Division in which the reference occurs; and
(iii) the subsection, designated by the number, of the
section in which the reference occurs; and
(iv) the paragraph, designated by the number, of the
section, subsection, Schedule or other provision in
which the reference occurs; and
(v) the paragraph, designated by the number, of the
clause, subclause, item, column, table or form of or
in the Schedule in which the reference occurs; and
(vi) the subparagraph, designated by the number, of the
paragraph in which the reference occurs; and
(vii) the sub-subparagraph, designated by the number,
of the subparagraph in which the reference occurs;
and
(viii) the section, clause, subclause, item, column, table
or form, designated by the number, of or in the
Schedule in which the reference occurs;
as the case requires.
Page 654 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)

Schedule 1

21 Reference to provisions of this Law or an Act is inclusive

In this Law, a reference to a portion of this Law or an Act
includes—
(a) a reference to the Chapter, Part, Division, Subdivision,
section, subsection or other provision of this Law or the
Act referred to that forms the beginning of the portion;
and
(b) a reference to the Chapter, Part, Division, Subdivision,
section, subsection or other provision of this Law or the
Act referred to that forms the end of the portion.
Example—
A reference to “sections 5 to 9” includes both section 5 and section 9. It
is not necessary to refer to “sections 5 to 9 (both inclusive)” to ensure
that the reference is given an inclusive interpretation.

Part 4 Functions and powers

22 Exercise of statutory functions

(1) If this Law confers a function on a person or body, the
function may be exercised from time to time as occasion
requires.
(2) If this Law confers a function on a particular officer or the
holder of a particular office, the function may be exercised by
the person for the time being occupying or acting in the office
concerned.
(3) If this Law confers a function on a body (whether or not
incorporated), the exercise of the function is not affected
merely because of vacancies in the membership of the body.

23 Power to make instrument or decision includes power to

amend or repeal
If this Law authorises or requires the making of an instrument
or decision—

Current as at 19 February 2024 Page 655

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)

Schedule 1

(a) the power includes power to amend or repeal the

instrument or decision; and
(b) the power to amend or repeal the instrument or decision
is exercisable in the same way, and subject to the same
conditions, as the power to make the instrument or
decision.

24 Matters for which statutory instruments may make

provision
(1) If this Law authorises or requires the making of a statutory
instrument in relation to a matter, a statutory instrument made
under this Law may make provision for the matter by
applying, adopting or incorporating (with or without
modification) the provisions of—
(a) an Act or statutory instrument; or
(b) another document (whether of the same or a different
kind);
as in force at a particular time or as in force from time to time.
(2) If a statutory instrument applies, adopts or incorporates the
provisions of a document, the statutory instrument applies,
adopts or incorporates the provisions as in force from time to
time, unless the statutory instrument otherwise expressly
provides.
(3) A statutory instrument may—
(a) apply generally throughout this jurisdiction or be
limited in its application to a particular part of this
jurisdiction; or
(b) apply generally to all persons, matters or things or be
limited in its application to—
(i) particular persons, matters or things; or
(ii) particular classes of persons, matters or things; or
(c) otherwise apply generally or be limited in its application
by reference to specified exceptions or factors.
(4) A statutory instrument may—
Page 656 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)

Schedule 1

(a) apply differently according to different specified factors;

or
(b) otherwise make different provision in relation to—
(i) different persons, matters or things; or
(ii) different classes of persons, matters or things.
(5) A statutory instrument may authorise a matter or thing to be
from time to time determined, applied or regulated by a
specified person or body.
(6) If this Law authorises or requires a matter to be regulated by
statutory instrument, the power may be exercised by
prohibiting by statutory instrument the matter or any aspect of
the matter.
(7) If this Law authorises or requires provision to be made with
respect to a matter by statutory instrument, a statutory
instrument made under this Law may make provision with
respect to a particular aspect of the matter despite the fact that
provision is made by this Law in relation to another aspect of
the matter or in relation to another matter.
(8) A statutory instrument may provide for the review of, or a
right of appeal against, a decision made under the statutory
instrument, or this Law, and may, for that purpose, confer
jurisdiction on any court, tribunal, person or body.
(9) A statutory instrument may require a form prescribed by or
under the statutory instrument, or information or documents
included in, attached to or given with the form, to be verified
by statutory declaration.

25 Presumption of validity and power to make

(1) All conditions and preliminary steps required for the making
of a statutory instrument are presumed to have been satisfied
and performed in the absence of evidence to the contrary.
(2) A statutory instrument is taken to be made under all powers
under which it may be made, even though it purports to be
made under this Law or a particular provision of this Law.

Current as at 19 February 2024 Page 657

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)

Schedule 1

26 Appointments may be made by name or office

(1) If this Law authorises or requires a person or body—
(a) to appoint a person to an office; or
(b) to appoint a person or body to exercise a power; or
(c) to appoint a person or body to do another thing;
the person or body may make the appointment by—
(d) appointing a person or body by name; or
(e) appointing a particular officer, or the holder of a
particular office, by reference to the title of the office
concerned.
(2) An appointment of a particular officer, or the holder of a
particular office, is taken to be the appointment of the person
for the time being occupying or acting in the office concerned.

27 Acting appointments
(1) If this Law authorises a person or body to appoint a person to
act in an office, the person or body may, in accordance with
this Law, appoint—
(a) a person by name; or
(b) a particular officer, or the holder of a particular office,
by reference to the title of the office concerned;
to act in the office.
(2) The appointment may be expressed to have effect only in the
circumstances specified in the instrument of appointment.
(3) The appointer may—
(a) determine the terms and conditions of the appointment,
including remuneration and allowances; and
(b) terminate the appointment at any time.
(4) The appointment, or the termination of the appointment, must
be in, or evidenced by, writing signed by the appointer.
(5) The appointee must not act for more than 1 year during a
vacancy in the office.
Page 658 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)

Schedule 1

(6) If the appointee is acting in the office otherwise than because

of a vacancy in the office and the office becomes vacant, then,
subject to subsection (2), the appointee may continue to act
until—
(a) the appointer otherwise directs; or
(b) the vacancy is filled; or
(c) the end of a year from the day of the vacancy;
whichever happens first.
(7) The appointment ceases to have effect if the appointee resigns
by writing signed and delivered to the appointer.
(8) While the appointee is acting in the office—
(a) the appointee has all the powers and functions of the
holder of the office; and
(b) this Law and other laws apply to the appointee as if the
appointee were the holder of the office.
(9) Anything done by or in relation to a person purporting to act
in the office is not invalid merely because—
(a) the occasion for the appointment had not arisen; or
(b) the appointment had ceased to have effect; or
(c) the occasion for the person to act had not arisen or had
ceased.
(10) If this Law authorises the appointer to appoint a person to act
during a vacancy in the office, an appointment to act in the
office may be made by the appointer whether or not an
appointment has previously been made to the office.

28 Powers of appointment imply certain incidental powers

(1) If this Law authorises or requires a person or body to appoint
a person to an office—
(a) the power may be exercised from time to time as
occasion requires; and
(b) the power includes—

Current as at 19 February 2024 Page 659

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)

Schedule 1

(i) power to remove or suspend, at any time, a person

appointed to the office; and
(ii) power to appoint another person to act in the office
if a person appointed to the office is removed or
suspended; and
(iii) power to reinstate or reappoint a person removed
or suspended; and
(iv) power to appoint a person to act in the office if it is
vacant (whether or not the office has ever been
filled); and
(v) power to appoint a person to act in the office if the
person appointed to the office is absent or is unable
to discharge the functions of the office (whether
because of illness or otherwise).
(2) The power to remove or suspend a person under
subsection (1)(b) may be exercised even if this Law provides
that the holder of the office to which the person was appointed
is to hold office for a specified period.
(3) The power to make an appointment under subsection (1)(b)
may be exercised from time to time as occasion requires.
(4) An appointment under subsection (1)(b) may be expressed to
have effect only in the circumstances specified in the
instrument of appointment.

29 Delegation of functions
(1) If this Law authorises a person or body to delegate a function,
the person or body may, in accordance with this Law and any
other applicable law, delegate the function to—
(a) a person or body by name; or
(b) a specified officer, or the holder of a specified office, by
reference to the title of the office concerned.
(2) The delegation may be—
(a) general or limited; and
(b) made from time to time; and
Page 660 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)

Schedule 1

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

(3) The delegation, or a revocation of the delegation, must be in,
or evidenced by, writing signed by the delegator or, if the
delegator is a body, by a person authorised by the body for the
purpose.
(4) A delegated function may be exercised only in accordance
with any conditions to which the delegation is subject.
(5) The delegate may, in the exercise of a delegated function, do
anything that is incidental to the delegated function.
(6) A delegated function that purports to have been exercised by
the delegate is taken to have been properly exercised by the
delegate unless the contrary is proved.
(7) A delegated function that is properly exercised by the delegate
is taken to have been exercised by the delegator.
(8) If, when exercised by the delegator, a function is dependent on
the delegator’s opinion, belief or state of mind, then, when
exercised by the delegate, the function is dependent on the
delegate’s opinion, belief or state of mind.
(9) If—
(a) the delegator is a specified officer or the holder of a
specified office; and
(b) the person who was the specified officer or holder of the
specified office when the delegation was made ceases to
be the holder of the office;
then—
(c) the delegation continues in force; and
(d) the person for the time being occupying or acting in the
office concerned is taken to be the delegator for the
purposes of this section.
(10) If—
(a) the delegator is a body; and
(b) there is a change in the membership of the body;
then—
Current as at 19 February 2024 Page 661
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)

Schedule 1

(c) the delegation continues in force; and

(d) the body as constituted for the time being is taken to be
the delegator for the purposes of this section.
(11) If a function is delegated to a specified officer or the holder of
a specified office—
(a) the delegation does not cease to have effect merely
because the person who was the specified officer or the
holder of the specified office when the function was
delegated ceases to be the officer or the holder of the
office; and
(b) the function may be exercised by the person for the time
being occupying or acting in the office concerned.
(12) A function that has been delegated may, despite the
delegation, be exercised by the delegator.
(13) The delegation of a function does not relieve the delegator of
the delegator’s obligation to ensure that the function is
properly exercised.
(14) Subject to subsection (15), this section applies to a
subdelegation of a function in the same way as it applies to a
delegation of a function.
(15) If this Law authorises the delegation of a function, the
function may be subdelegated only if the Law expressly
authorises the function to be subdelegated.

30 Exercise of powers between enactment and

commencement
(1) If a provision of this Law (the empowering provision) that
does not commence on its enactment would, had it
commenced, confer a power—
(a) to make an appointment; or
(b) to make a statutory instrument of a legislative or
administrative character; or
(c) to do another thing;
then—
Page 662 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)

Schedule 1

(d) the power may be exercised; and

(e) anything may be done for the purpose of enabling the
exercise of the power or of bringing the appointment,
instrument or other thing into effect;
before the empowering provision commences.
(2) If a provision of a Queensland Act (the empowering
provision) that does not commence on its enactment would,
had it commenced, amend a provision of this Law so that it
would confer a power—
(a) to make an appointment; or
(b) to make a statutory instrument of a legislative or
administrative character; or
(c) to do another thing;
then—
(d) the power may be exercised; and
(e) anything may be done for the purpose of enabling the
exercise of the power or of bringing the appointment,
instrument or other thing into effect;
before the empowering provision commences.
(3) If—
(a) this Law has commenced and confers a power to make a
statutory instrument (the basic instrument-making
power); and
(b) a provision of a Queensland Act that does not
commence on its enactment would, had it commenced,
amend this Law so as to confer additional power to
make a statutory instrument (the additional
instrument-making power);
then—
(c) the basic instrument-making power and the additional
instrument-making power may be exercised by making
a single instrument; and

Current as at 19 February 2024 Page 663

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)

Schedule 1

(d) any provision of the instrument that required an exercise

of the additional instrument-making power is to be
treated as made under subsection (2).
(4) If an instrument, or a provision of an instrument, is made
under subsection (1) or (2) that is necessary for the purpose
of—
(a) enabling the exercise of a power mentioned in the
subsection; or
(b) bringing an appointment, instrument or other thing
made or done under such a power into effect;
the instrument or provision takes effect—
(c) on the making of the instrument; or
(d) on such later day (if any) on which, or at such later time
(if any) at which, the instrument or provision is
expressed to take effect.
(5) If—
(a) an appointment is made under subsection (1) or (2); or
(b) an instrument, or a provision of an instrument, made
under subsection (1) or (2) is not necessary for a
purpose mentioned in subsection (4);
the appointment, instrument or provision takes effect—
(c) on the commencement of the relevant empowering
provision; or
(d) on such later day (if any) on which, or at such later time
(if any) at which, the appointment, instrument or
provision is expressed to take effect.
(6) Anything done under subsection (1) or (2) does not confer a
right, or impose a liability, on a person before the relevant
empowering provision commences.
(7) After the enactment of a provision mentioned in
subsection (2) but before the provision’s commencement, this
section applies as if the references in subsections (2) and (5)
to the commencement of the empowering provision were

Page 664 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)

Schedule 1

references to the commencement of the provision mentioned

in subsection (2) as amended by the empowering provision.
(8) In the application of this section to a statutory instrument, a
reference to the enactment of the instrument is a reference to
the making of the instrument.

Part 5 Distance, time and age

31 Matters relating to distance, time and age

(1) In the measurement of distance for the purposes of this Law,
the distance is to be measured along the shortest road
ordinarily used for travelling.
(2) If a period beginning on a given day, act or event is provided
or allowed for a purpose by this Law, the period is to be
calculated by excluding the day, or the day of the act or event,
and—
(a) if the period is expressed to be a specified number of
clear days or at least a specified number of days—by
excluding the day on which the purpose is to be
fulfilled; and
(b) in any other case—by including the day on which the
purpose is to be fulfilled.
(3) If the last day of a period provided or allowed by this Law for
doing anything is not a business day in the place in which the
thing is to be or may be done, the thing may be done on the
next business day in the place.
(4) If the last day of a period provided or allowed by this Law for
the filing or registration of a document is a day on which the
office is closed where the filing or registration is to be or may
be done, the document may be filed or registered at the office
on the next day that the office is open.
(5) If no time is provided or allowed for doing anything, the thing
is to be done as soon as possible, and as often as the
prescribed occasion happens.
Current as at 19 February 2024 Page 665
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)

Schedule 1

(6) If, in this Law, there is a reference to time, the reference is, in
relation to the doing of anything in a jurisdiction, a reference
to the legal time in the jurisdiction.
(7) For the purposes of this Law, a person attains an age in years
at the beginning of the person’s birthday for the age.

Part 6 Effect of repeal, amendment or

expiration

32 Time of Law ceasing to have effect

If a provision of this Law is expressed—
(a) to expire on a specified day; or
(b) to remain or continue in force, or otherwise have effect,
until a specified day;
the provision has effect until the last moment of the specified
day.

33 Repealed Law provisions not revived

If a provision of this Law is repealed or amended by a
Queensland Act, or a provision of a Queensland Act, the
provision is not revived merely because the Queensland Act
or the provision of the Queensland Act—
(a) is later repealed or amended; or
(b) later expires.

34 Saving of operation of repealed Law provisions

(1) The repeal, amendment or expiry of a provision of this Law
does not—
(a) revive anything not in force or existing at the time the
repeal, amendment or expiry takes effect; or
(b) affect the previous operation of the provision or
anything suffered, done or begun under the provision; or
Page 666 Current as at 19 February 2024
Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)

Schedule 1

(c) affect a right, privilege or liability acquired, accrued or

incurred under the provision; or
(d) affect a penalty incurred in relation to an offence arising
under the provision; or
(e) affect an investigation, proceeding or remedy in relation
to such a right, privilege, liability or penalty.
(2) Any such penalty may be imposed and enforced, and any such
investigation, proceeding or remedy may be begun, continued
or enforced, as if the provision had not been repealed or
amended or had not expired.

35 Continuance of repealed provisions

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

36 Law and amending Acts to be read as one

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

Part 7 Instruments under Law

37 Schedule applies to statutory instruments

(1) This Schedule applies to a statutory instrument, and to things
that may be done or are required to be done under a statutory
instrument, in the same way as it applies to this Law, and
things that may be done or are required to be done under this
Law, except so far as the context or subject matter otherwise
indicates or requires.
(2) The fact that a provision of this Schedule refers to this Law
and not also to a statutory instrument does not, by itself,
indicate that the provision is intended to apply only to this
Law.
Current as at 19 February 2024 Page 667
Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)

Schedule 1

Part 8 Application to coastal waters

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

Page 668 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)

Schedule 2

Schedule 2 Subject matter for conditions of

mass or dimension authorities

sections 119, 125 and 146

1 the maximum permissible mass of a heavy vehicle, a heavy

vehicle together with its load, or a component of a heavy
vehicle, being used on a road
2 the maximum permissible dimensions of a heavy vehicle
(including its equipment), or a component or load of a heavy
vehicle, being used on a road
3 the configuration of a heavy vehicle
4 the types of loads a heavy vehicle may carry
5 the use of signs and warning devices
6 the use of a pilot vehicle or escort vehicle
7 the times when a heavy vehicle may be used on a road
8 the maximum speed at which a heavy vehicle may be driven
on a road
9 requirements about monitoring the movement of a heavy
vehicle
10 the use of stated technology to—
(a) ensure the safe use of a heavy vehicle; or
(b) ensure a heavy vehicle will not cause damage to road
infrastructure; or
(c) minimise the adverse effect of the use of a heavy vehicle
on public amenity

Current as at 19 February 2024 Page 669

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)

Schedule 3

Schedule 3 Reviewable decisions

section 640, definition reviewable decision

Part 1 Decisions of Regulator

Section under which Description of decision

decision made

section 22 decision of Regulator not to grant a PBS design

approval
section 22 decision of Regulator to impose a condition in
relation to a PBS design approval, except to the
extent the decision relates to a condition imposed
as a result of a ministerial notice under section 21
section 23 decision of Regulator not to grant a PBS vehicle
approval
section 23 decision of Regulator to impose a condition in
relation to a PBS vehicle approval, except to the
extent the decision relates to a condition imposed
as a result of a ministerial notice under section 21
section 68 decision of Regulator not to grant a vehicle
standards exemption (permit)
section 68 decision of Regulator to grant a vehicle standards
exemption (permit) for a period less than the
period of not more than 3 years sought by the
applicant
section 71 decision of Regulator to impose on a vehicle
standards exemption (permit) a condition not
sought by the applicant

Page 670 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)

Schedule 3

Section under which Description of decision

decision made

section 75 decision of Regulator not to make a decision

sought in an application for amendment or
cancellation of a vehicle standards exemption
(permit)
section 76 decision of Regulator to amend or cancel a
vehicle standards exemption (permit)
section 77 decision of the Regulator to immediately suspend
a vehicle standards exemption (permit)
section 80 decision of Regulator not to give a replacement
permit for a vehicle standards exemption (permit)
section 122 decision of Regulator not to grant a mass or
dimension exemption (permit) other than because
a relevant road manager for the exemption did not
consent to the grant
section 122 decision of Regulator to grant a mass or
dimension exemption (permit) for a period less
than the period of not more than 3 years sought by
the applicant
section 125 decision of Regulator to impose on a mass or
dimension exemption (permit) a condition not
sought by the applicant and not a road condition
or travel conditions required by a relevant road
manager for the exemption
section 143 decision of Regulator not to grant a class 2 heavy
vehicle authorisation (permit) other than because
a relevant road manager for the authorisation did
not consent to the grant
section 143 decision of Regulator to grant a class 2 heavy
vehicle authorisation (permit) for a period less
than the period of not more than 3 years sought by
the applicant

Current as at 19 February 2024 Page 671

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)

Schedule 3

Section under which Description of decision

decision made

section 146 decision of Regulator to impose on a class 2

heavy vehicle authorisation (permit) a condition
not sought by the applicant and not a road
condition or travel condition required by a
relevant road manager for the authorisation
section 176 decision of Regulator not to make a decision
sought in an application for amendment of a mass
or dimension authority granted by giving a person
a permit
section 177 decision of Regulator to amend or cancel a mass
or dimension authority granted by giving a person
a permit, other than at the request of a relevant
road manager
section 179 decision of Regulator to immediately suspend a
mass or dimension authority granted by giving a
person a permit
section 182 decision of Regulator not to give a replacement
permit for a mass or dimension authority
section 273 decision of Regulator not to grant a work and rest
hours exemption (permit)
section 273 decision of Regulator to grant a work and rest
hours exemption (permit) that does not cover all
of the drivers sought by the applicant
section 273 decision of Regulator to grant a work and rest
hours exemption (permit) setting maximum work
times or minimum rest times different to the
maximum work times or minimum rest times
sought by the applicant
section 273 decision of Regulator to grant a work and rest
hours exemption (permit) for a period less than
the period of not more than 3 years sought by the
applicant

Page 672 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)

Schedule 3

Section under which Description of decision

decision made

section 276 decision of Regulator to impose on a work and

rest hours exemption (permit) a condition not
sought by the applicant
section 280 decision of Regulator not to make a decision
sought in an application for the amendment or
cancellation of a work and rest hours exemption
(permit)
section 281 decision of Regulator to amend or cancel a work
and rest hours exemption (permit)
section 282 decision of Regulator to immediately suspend a
work and rest hours exemption (permit)
section 285 decision of Regulator not to give a replacement
permit for a work and rest hours exemption
(permit)
section 343 decision of Regulator not to grant an electronic
recording system approval
section 343 decision of Regulator to impose on an electronic
recording system approval a condition not sought
by the applicant
section 351 decision of Regulator not to make a decision
sought in an application for amendment or
cancellation of an electronic recording system
approval
section 352 decision of Regulator to amend or cancel an
electronic recording system approval
section 363 decision of Regulator not to grant a work diary
exemption (permit)
section 363 decision of Regulator to grant a work diary
exemption (permit) for a period less than the
period of not more than 3 years sought by the
applicant

Current as at 19 February 2024 Page 673

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)

Schedule 3

Section under which Description of decision

decision made

section 366 decision of Regulator to impose on a work diary

exemption (permit) a condition not sought by the
applicant
section 370 decision of Regulator not to make a decision
sought in an application for the amendment or
cancellation of a work exemption (permit)
section 371 decision of Regulator to amend or cancel a work
diary exemption (permit)
section 374 decision of Regulator not to give a replacement
permit for work diary exemption (permit)
section 379 decision of Regulator to impose a condition on a
fatigue record keeping exemption (notice)
section 383 decision of Regulator to grant a fatigue record
keeping exemption (permit) in a way that does not
cover all the drivers sought by the applicant
section 383 decision of Regulator to grant a fatigue record
keeping exemption (permit) setting conditions
different from those sought by the applicant
section 385 decision of Regulator to impose a condition on a
fatigue record keeping exemption (permit)
section 387 decision of Regulator to give a fatigue record
keeping exemption (permit) for a period less than
the period of not more than 3 years sought by the
applicant
section 388 decision of Regulator not to grant a fatigue record
keeping exemption (permit)
section 389 decision of Regulator not to make a decision
sought in an application for amendment or
cancellation of a fatigue record keeping
exemption (permit)

Page 674 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)

Schedule 3

Section under which Description of decision

decision made

section 390 decision of Regulator to amend or cancel a fatigue

record keeping exemption (permit)
section 393 decision of Regulator not to give a replacement
fatigue record keeping exemption permit
section 458 decision of Regulator not to grant a heavy vehicle
accreditation
section 458 decision of Regulator to grant a heavy vehicle
accreditation for a period less than the period of
not more than 3 years sought by the applicant
section 458 decision of Regulator to grant an AFM
accreditation setting maximum work times and
minimum rest times different to the maximum
work times and minimum rest times sought by the
applicant
section 462(2) decision of Regulator to impose on a heavy
vehicle accreditation a condition not sought by the
applicant
section 472 decision of Regulator not to make a decision
sought in an application for amendment or
cancellation of a heavy vehicle accreditation
section 473 decision of Regulator to amend, suspend or cancel
a heavy vehicle accreditation
section 474 decision of Regulator to immediately suspend a
heavy vehicle accreditation
section 477 decision of Regulator not to give a replacement
accreditation certificate
section 561 decision of Regulator that a thing or sample is
forfeited to the Regulator

Current as at 19 February 2024 Page 675

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)

Schedule 3

Part 2 Decisions of authorised

officers

Section under which Description of decision

decision made

section 572 decision of an authorised officer who is not a

police officer to give a person an improvement
notice
sections 572 and 574 decision of an authorised officer who is not a
police officer to amend an improvement notice
given to a person
section 576A decision of an authorised officer who is not a
police officer to give a person a prohibition notice
section 576A decision of an authorised officer who is not a
police officer to amend a prohibition notice given
to a person
Note—
Section 23 of Schedule 1 allows for the amendment of a
prohibition notice.

Part 3 Decisions of relevant road

managers

Section under which Description of decision

decision made

section 156A decision of a relevant road manager for a mass or

dimension authority, that is a public authority, not
to consent to the grant of the authority

Page 676 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)

Schedule 3

Section under which Description of decision

decision made

section 160 decision of a relevant road manager for a mass or

dimension authority, that is a public authority, to
consent to the grant of the authority subject to a
condition that a road condition be imposed on the
authority
section 161 decision of a relevant road manager for a mass or
dimension authority, that is a public authority, to
consent to the grant of the authority subject to a
condition that a travel condition be imposed on
the authority
section 174 decision of a relevant road manager for a mass or
dimension authority (granted by Commonwealth
Gazette notice), that is a public authority, to
request the authority be amended or cancelled
section 178 decision of a relevant road manager for a mass or
dimension authority (granted by giving a person a
permit), that is a public authority, to request the
authority be amended or cancelled

Current as at 19 February 2024 Page 677

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)

Schedule 4

Schedule 4 Liability provisions

sections 636, 637 and 638

The provisions specified in column 2 of the following table are

specified for the purposes of sections 636(1), 637(4) and 638(4).

Column 1 Column 2
Section of Provision specified for
this Law sections 636(1), 637(4) and
638(4)

26E 26E(1), 26E(2)

60 60(1)
79 79(2)
81 81(1), 81(2), 81(3)
85 85(2)
87A 87A(1)
89 89(1)
93 93(1), 93(2), 93(3)
129 129(1), 129(2), 129(3)
130 130(3)
137 137
150 150(1)
153A 153A(1)
181 181(3)
185 185(1), 185(2)
186 186(2), 186(3), 186(4),
186(5)

Page 678 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)

Schedule 4

Column 1 Column 2
Section of Provision specified for
this Law sections 636(1), 637(4) and
638(4)

187 187(2), 187(3)

190 190(1)
191 191(1), 191(3)
193 193(2)
264 264(2)
284 284(2)
286 286(1)
310 310(2)
311 311(2)
312 312(2)
313 313(2), 313(3)
314 314(3)
315 315(1)
319 319(1)
321 321(1), 321(3)
322 322(4)
323 323(3)
324 324(2)
324A 324A(2)
327 327
328 328
329 329

Current as at 19 February 2024 Page 679

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)

Schedule 4

Column 1 Column 2
Section of Provision specified for
this Law sections 636(1), 637(4) and
638(4)

330 330(1)
331 331
332 332
335 335(1)
336 336(1)
336A 336A(1)
337 337(2)
341 341(1), 341(2), 341(3),
341(5)
347 347
354 354(3), 354(5)
355 355(2), 355(4), 355(6)
373 373(2)
375 375
396 396(2)
398 398(2)
399 399(2)
404 404(1), 404(4)
405 405(1)
406 406(1), 406(2)
417 417
422 422(2)
423 423(1)

Page 680 Current as at 19 February 2024

Authorised by the Parliamentary Counsel
 Heavy Vehicle National Law (Queensland)

Schedule 4

Column 1 Column 2
Section of Provision specified for
this Law sections 636(1), 637(4) and
638(4)

424 424(1), 424(3)

451 451
452 452
453 453(1), 453(2)
454 454(1), 454(2)
467 467
470 470(2), 470(3), 470(4),
470(5), 470(6)
471 471(2)
476 476(2)
478 478(1), 478(2), 478(3),
478(4)
514 514(3)
516 516(3)
517 517(4)
528 528(3)
529 529
533 533(7)
534 534(5)
535 535(5)
553 553(3)
558 558(1), 558(3)
559 559(3), 559(4), 559(5)

Current as at 19 February 2024 Page 681

Authorised by the Parliamentary Counsel
Heavy Vehicle National Law (Queensland)

Schedule 4

Column 1 Column 2
Section of Provision specified for
this Law sections 636(1), 637(4) and
638(4)

567 567(4)
568 568(7)
569 569(2), 569(7)
570 570(3)
570A 570A(5)
573 573(1)
576C 576C
577 577(4)
590B 590B(2)
604 604
610 610
699 699(1), 699(2)
700 700(4)
702 702(1), 702(3)
703 703(1), 703(2)
704 704(1), 704(2), 704(3)
728 728(1)
728A 728A(1)
729 729(1), 729(3)
729A 729A(1), 729A(2)

Page 682 Current as at 19 February 2024

Authorised by the Parliamentary Counsel