Queensland: Heavy Vehicle National Law Act 2012 (Qld)

Heavy Vehicle National Law Act 2012 An Act providing for the adoption of a national law regulating the use of heavy vehicles Part 1 Preliminary 1 Short title This Act may be cited as the Heavy Vehicle National Law Act 2012. 2 Commencement (1) This Act commences on a day to be fixed by proclamation. (2) However, if no day has been fixed by 1 July 2018, the Act commences on that day. (3) The Acts Interpretation Act 1954, section 15DA does not apply to this Act. 2A Special provision about commencement of Heavy Vehicle National Law (Queensland) (1) The following provisions of the Heavy Vehicle National Law (Queensland), as at the commencement of section 12 of the HVNL Amendment Act, commence on the day that section commences— (a) Parts 1.1 to 1.3; (b) Chapter 12; (c) sections 705 and 707; (d) Parts 13.4 to 13.6; (e) Part 14.1; (f) section 755; (g) Schedule 1. (2) The remaining provisions of the Heavy Vehicle National Law (Queensland), as at the commencement of section 12 of the HVNL Amendment Act, commence on a day to be fixed by proclamation. (3) This section applies despite section 2(1) but does not limit the application of section 2(2) to the provisions of the Heavy Vehicle National Law (Queensland). (4) In this section— HVNL Amendment Act means the Heavy Vehicle National Law Amendment Act 2013. Note— Section 12 of the HVNL Amendment Act replaces the Schedule. 3 Definitions (1) For the purposes of this Act, the local application provisions of this Act are the provisions of this Act other than the Heavy Vehicle National Law set out in the Schedule. (2) In the local application provisions of this Act— Heavy Vehicle National Law (Queensland) means the provisions applying in this jurisdiction because of section 4. National Law, for part 4A, see section 42B. the Law means the Heavy Vehicle National Law (Queensland). TORUM means the Transport Operations (Road Use Management) Act 1995. transport Act see TORUM, schedule 4. (3) Terms used in the local application provisions of this Act and also in the Heavy Vehicle National Law set out in the Schedule have the same meanings in those provisions as they have in that Law. Part 2 Adoption of Heavy Vehicle National Law Note— To ensure harmonisation across Australian jurisdictions, the Heavy Vehicle National Law, in the form set out in the Schedule, is intended for adoption by other jurisdictions as well as Queensland. Accordingly, the Heavy Vehicle National Law is not entirely consistent with Queensland's current drafting style. Division 1 General 4 Application of Heavy Vehicle National Law The Heavy Vehicle National Law set out in the Schedule— (a) applies as a law of this jurisdiction, as modified by parts 4 and 4A; and (b) as so applying, may be referred to as the Heavy Vehicle National Law (Queensland); and (c) so applies as if it were part of this Act. 5 Exclusion of legislation of this jurisdiction (1) The following Acts of this jurisdiction do not apply to the Heavy Vehicle National Law (Queensland) or to the instruments made under that Law, other than to the extent provided for in subsections (3) to (6) or section 17— (a) the Acts Interpretation Act 1954; (b) the Auditor-General Act 2009; (c) the Financial Accountability Act 2009; (d) the Information Privacy Act 2009; (e) the Public Records Act 2023; (f) the Public Sector Ethics Act 1994; (g) the Public Sector Act 2022; (h) the Right to Information Act 2009; (i) the Statutory Bodies Financial Arrangements Act 1982; (j) the Statutory Instruments Act 1992. (2) Also, the Legislative Standards Act 1992 does not apply to a regulation made under the Heavy Vehicle National Law (Queensland), other than to the extent provided for in section 17. (3) The Acts Interpretation Act 1954, section 20C applies to the Heavy Vehicle National Law (Queensland) and instruments made under that Law. (4) The Auditor-General Act 2009 applies to the extent provided for in the national regulations under the Heavy Vehicle National Law. Note— See the Heavy Vehicle National Law, sections 693 and 730. (5) The Acts mentioned subsection (1)(d), (e) and (h) apply to the Heavy Vehicle National Law (Queensland), and to the instruments made under that Law, in the way provided by section 696 of the Law. (6) The Acts mentioned in subsection (1)(b) to (i) apply to an entity of the State exercising functions under the Heavy Vehicle National Law (Queensland). (7) To remove any doubt, it is declared that— (a) subsection (1)(a) does not limit the application of the Acts Interpretation Act 1954 to the local application provisions of this Act; and Example— The terms 'magistrate' in section 14 and 'QCAT' in sections 10 and 36 take their meaning from the Acts Interpretation Act 1954, schedule 1. (b) subsection (1)(j) does not limit the application of the Statutory Instruments Act 1992 to a regulation made under the local application provisions of this Act. Division 2 Meaning of particular terms for Heavy Vehicle National Law (Queensland) 6 Purpose of div 2 This division defines particular terms, and makes particular declarations, for the purposes of the Heavy Vehicle National Law (Queensland). 7 Definitions of generic terms and terms having meaning provided by this Act In the Heavy Vehicle National Law (Queensland)— police officer means a police officer within the meaning of the Police Service Administration Act 1990. this jurisdiction means Queensland. 8 Particular laws (1) For the purposes of the Heavy Vehicle National Law (Queensland)— (a) the State Penalties Enforcement Act 1999 is declared to be the Infringement Notice Offences Law for this jurisdiction; and (b) the Work Health and Safety Act 2011 is declared to be the primary WHS Law for this jurisdiction; and (c) the Transport Operations (Road Use Management—Road Rules) Regulation 2009 is declared to be the Road Rules for this jurisdiction. (2) An offence against the Heavy Vehicle National Law (Queensland) prescribed under a regulation under the State Penalties Enforcement Act 1999 as an infringement notice offence is an offence prescribed by a law of this jurisdiction for the purposes of section 591 of the Heavy Vehicle National Law (Queensland). (3) The Transport Operations (Road Use Management) Act 1995 is specified for section 727(1), definition relevant law of the Heavy Vehicle National Law (Queensland). 9 Local government authority Each of the following is declared to be a local government authority for this jurisdiction for the purposes of the Heavy Vehicle National Law (Queensland)— (a) the Brisbane City Council; (b) a local government under the Local Government Act 2009. 10 Relevant tribunal or court (1) Subject to subsections (2) and (3), QCAT is declared to be the relevant tribunal or court for this jurisdiction for the purposes of the Heavy Vehicle National Law (Queensland). (2) A Magistrates Court is declared to be the relevant tribunal or court for this jurisdiction for the purposes of the following provisions of the Heavy Vehicle National Law (Queensland)— (a) section 556; (b) section 560; (c) section 565; (d) section 590D. (3) The reference to a relevant tribunal or court in section 727(1), definition protected information, paragraph (b)(iii) is a reference to any tribunal or court. 11 Road authority The chief executive of the department in which the Transport Operations (Road Use Management) Act 1995 is administered is declared to be the road authority for this jurisdiction for the purposes of the Heavy Vehicle National Law (Queensland). 12 Road manager for a road (1) The following entity is declared to be the road manager for a road in this jurisdiction for the purposes of the Heavy Vehicle National Law (Queensland)— (a) for a State-controlled road—the chief executive of the department in which the Transport Infrastructure Act 1994, chapter 6 is administered; (b) for a road controlled by a local government authority—the local government authority; (c) for the Airport Link franchised road—a franchisee for the road; (d) for a franchised road other than the Airport Link franchised road—the chief executive of the department in which the Transport Infrastructure Act 1994, chapter 6 is administered; (e) for a local government franchised road—a local government franchisee of the road; (f) for another road—an owner of the road. (2) In this section— Airport Link franchised road means the franchised road known as the 'Airport Link' the subject of the gazette notice under the Transport Infrastructure Act 1994, section 93 made on 18 July 2008. franchised road see the Transport Infrastructure Act 1994, schedule 6. franchisee, for the Airport Link franchised road, means a person who, under the Transport Infrastructure Act 1994, is a franchisee for the road franchise agreement for the road. local government franchised road see the Transport Infrastructure Act 1994, section 105B. local government franchisee, for a local government franchised road, means a person who, under the Transport Infrastructure Act 1994, chapter 6, part 8, is a local government franchisee for the local government tollway franchise agreement for the road. local government tollway franchise agreement see the Transport Infrastructure Act 1994, section 105Y. road franchise agreement see the Transport Infrastructure Act 1994, section 85. State-controlled road see the Transport Infrastructure Act 1994, schedule 6. 13 Police officers who are authorised officers Every police officer is declared to be an authorised officer for the purposes of the Heavy Vehicle National Law (Queensland). Note— See also section 35. 14 Authorised warrant official Each magistrate is declared to be an authorised warrant official for the purposes of the Heavy Vehicle National Law (Queensland). 15 Areas that are roads A busway within the meaning given by the Transport Infrastructure Act 1994 is declared to be a road for the purposes of the Heavy Vehicle National Law (Queensland). 16 [Repealed] Part 3 National regulations 17 Parliamentary scrutiny of national regulations (1) The Statutory Instruments Act 1992, sections 49 to 51 apply to a national regulation as if— (a) a reference in the sections to subordinate legislation were a reference to a national regulation; and (b) the reference to notified under section 47 in section 49 of that Act were a reference to published as mentioned in section 733(1) of the Heavy Vehicle National Law (Queensland). Note— Generally speaking, the Statutory Instruments Act 1992, sections 49 to 51 deal with the tabling and disallowance of subordinate legislation and the limited saving of operation of subordinate legislation that ceases to have effect. (2) The Legislative Standards Act 1992, part 4 applies to a national regulation as if— (a) a reference in the part to subordinate legislation were a reference to a national regulation; and (b) the reference to the responsible Minister in section 22(2) of that Act were a reference to the Minister who administers the Heavy Vehicle National Law (Queensland). Note— Generally speaking, the Legislative Standards Act 1992, part 4 deals with the tabling and content of explanatory notes for Bills and subordinate legislation. (3) A committee of the Legislative Assembly may deal with a national regulation, under the Parliament of Queensland Act 2001, as if a reference in the Act to subordinate legislation, or an item of subordinate legislation, were a reference to a national regulation. (4) For subsection (3), the Legislative Standards Act 1992, section 4 applies to a national regulation as if a reference in the section to subordinate legislation were a reference to a national regulation. Note— Generally speaking, the Legislative Standards Act 1992, section 4 deals with the application of fundamental legislative principles to Bills and subordinate legislation. (5) If a national regulation ceases to have effect because of the operation of subsection (1), the national regulation ceases to have effect for the purposes of the Heavy Vehicle National Law (Queensland), but the cessation does not affect the application of the regulation in any other jurisdiction. (6) In this section— national regulation means a regulation, or a provision of a regulation, made under the Heavy Vehicle National Law set out in the Schedule. Part 4 Provisions specific to this jurisdiction Division 1 Preliminary 18 Definitions for pt 4 In this part— commissioner means the police commissioner of this jurisdiction. public safety condition means a condition directed at ensuring public safety. Division 2 Requirement for commissioner's consent for mass or dimension exemptions 19 Definitions for div 2 In this division— commissioner's amendment or cancellation decision means a decision of the commissioner— (a) under section 26, to ask the Regulator to amend or cancel a mass or dimension exemption (notice); or (b) under section 27, to ask the Regulator to amend or cancel a mass or dimension exemption (permit). commissioner's conditional decision see section 23(3). commissioner's refusal decision see section 22(7). critical area means an area of this jurisdiction shown on a relevant map, as in force when a consent mentioned in section 20 or 21 is given, as a critical area. critical road means a road in this jurisdiction shown on a relevant map, as in force when a consent mentioned in section 20 or 21 is given, as a critical road. non-critical area means this jurisdiction, other than any part of this jurisdiction that is a critical area or critical road. relevant map means a map— (a) developed by the chief executive in relation to the giving of consents as mentioned in sections 20 and 21; and (b) as published on the department's website from time to time. review and appeal information, for a commissioner's conditional decision, a commissioner's refusal decision or a commissioner's amendment or cancellation decision, means the following information— (a) that, under section 641 of the Law, as applied under this division, a dissatisfied person for the decision may apply to the Regulator to have the decision reviewed; (b) that, under section 643 of the Law, as applied under this division, the Regulator must refer the application to the commissioner for review; (c) that the decision of the commissioner on the review is not subject to further review or appeal under the Law. 20 Other consents under s 118 of the Law (1) For section 118(1)(c) of the Law, the consent of the commissioner is required for a mass or dimension exemption (notice). (2) However, a consent is required under subsection (1) for a mass or dimension exemption (notice) only to the extent the exemption applies to any of the following— (a) the use of class 1 heavy vehicles, of more than a width or length prescribed under a regulation for this paragraph, in a critical area or on a critical road; (b) the use of class 1 heavy vehicles, of more than a width or length prescribed under a regulation for this paragraph, in the non-critical area. (3) To remove any doubt, it is declared that subsection (1), as limited by subsection (2), is, for section 167(2)(d) of the Law, a law of this jurisdiction that requires consultation with third parties. 21 Other consents under s 124 of the Law (1) For section 124(1)(c) of the Law, the consent of the commissioner is required for a mass or dimension exemption (permit). (2) However, a consent is required under subsection (1) for a mass or dimension exemption (permit) only to the extent the exemption applies to any of the following— (a) the use of a class 1 heavy vehicle, of more than a width or length prescribed under a regulation for this paragraph, in a critical area or on a critical road; (b) the use of a class 1 heavy vehicle, of more than a width or length prescribed under a regulation for this paragraph, in the non-critical area. (3) To remove any doubt, it is declared that subsection (1), as limited by subsection (2), is, for section 167(2)(d) of the Law, a law of this jurisdiction that requires consultation with third parties. 22 Deciding request for consent generally (1) This section applies if the commissioner's consent to the grant of a mass or dimension exemption is required as mentioned in section 20 or 21. (2) The Regulator must ask the commissioner for the consent. (3) The commissioner must decide to give or not to give the consent within 28 days after the request is made. (4) The commissioner may decide not to give the consent only if the commissioner is satisfied— (a) the mass or dimension exemption will, or is likely to, adversely affect public safety; and (b) it is not possible to grant the exemption subject to conditions that will avoid, or significantly minimise, the adverse effects, or likely adverse effects, on public safety. (5) Also, in deciding whether or not to give the consent, the commissioner must have regard to the approved guidelines for granting mass or dimension exemptions. (6) If the commissioner decides not to give consent to the grant of the exemption, the commissioner must give the Regulator written reasons for the commissioner's decision. (7) A decision of the commissioner not to give consent to the grant of a mass or dimension exemption (permit) is a commissioner's refusal decision. 23 Imposition of conditions (1) The commissioner may decide to consent to the grant of a mass or dimension exemption subject to a condition that a stated public safety condition is imposed on the exemption. (2) If the commissioner decides to consent in a way mentioned in subsection (1)— (a) the commissioner must give the Regulator written reasons for the commissioner's decision to give consent to the grant of the exemption subject to the imposition of the public safety condition; and (b) the Regulator must impose the public safety condition on the exemption. (3) A decision of the commissioner to consent to the grant of a mass or dimension exemption (permit) in a way mentioned in subsection (1) is a commissioner's conditional decision. 24 Information notice for decision to refuse application because commissioner did not give consent (1) This section applies if an application for a mass or dimension exemption (permit) is refused, wholly or partly, because the commissioner has refused to consent to the exemption. (2) The information notice for the decision to refuse the application given to the applicant under section 128 of the Law must state the following, in addition to any other information required to be included in the information notice— (a) that the commissioner has refused to consent to the mass or dimension exemption (permit); (b) the written reasons given for the commissioner's refusal decision; (c) the review and appeal information for the commissioner's refusal decision. 25 Information notice for imposition of condition requested by commissioner (1) This section applies if— (a) the Regulator grants a mass or dimension exemption (permit) to a person; and (b) the exemption is subject to a public safety condition required by the commissioner under section 23. (2) If the Regulator is not otherwise required under section 127(1)(b) of the Law to give the person an information notice, the Regulator must nevertheless give the person an information notice for the commissioner's conditional decision. (3) If the Regulator is required under section 127(1)(b) to give the person an information notice, the information notice must also apply to the commissioner's conditional decision. (4) The information notice, to the extent it applies to the commissioner's conditional decision, must state the following— (a) that the commissioner consented to the mass or dimension exemption (permit) on the condition that the public safety condition is imposed on the exemption; (b) the written reasons given for the commissioner's conditional decision; (c) the review and appeal information for the commissioner's conditional decision. 26 Amendment or cancellation of mass or dimension exemption (notice) on request by commissioner (1) This section applies if the commissioner is satisfied that the use of heavy vehicles on a road under a mass or dimension exemption (notice) for which the commissioner's consent was given has adversely affected, or is likely to adversely affect, public safety. (2) The commissioner may ask the Regulator to— (a) amend the mass or dimension exemption (notice), including, for example, by— (i) amending the areas or routes to which the exemption applies; or (ii) amending the days or hours to which the exemption applies; or (iii) imposing or amending public safety conditions; or (b) cancel the exemption to the extent that, wholly or partly, the exemption has effect in this jurisdiction. (3) The Regulator must comply with the request. (4) The Regulator must publish notice of the amendment or cancellation— (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. (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. 27 Amendment or cancellation of mass or dimension exemption (permit) on request by commissioner (1) This section applies if the commissioner is satisfied that the use of heavy vehicles on a road under a mass or dimension exemption (permit) for which the commissioner's consent was given has adversely affected, or is likely to adversely affect, public safety. (2) The commissioner may ask the Regulator to— (a) amend the mass or dimension exemption (permit), including, for example, by— (i) amending the areas or routes to which the exemption applies; or (ii) amending the days or hours to which the exemption applies; or (iii) imposing or amending public safety conditions; or (b) cancel the exemption to the extent that, wholly or partly, the exemption has effect in this jurisdiction. (3) The Regulator must comply with the request. (4) If the mass or dimension exemption (permit) is amended or cancelled under this section, the Regulator must give the holder of the exemption notice of the amendment or cancellation at least 28 days before the amendment or cancellation is to take effect. (5) 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 commissioner for the amendment or cancellation; and (c) the review and appeal information for the commissioner's decision. 28 Reviewable decisions Each of the following is taken to be a reviewable decision for Chapter 11 of the Law— (a) a commissioner's refusal decision; (b) a commissioner's conditional decision. (c) a commissioner's amendment or cancellation decision. 29 Applying review and appeal provisions of the Law (1) This section makes special provision about how the Law applies in relation to a commissioner's refusal decision, a commissioner's conditional decision or a commissioner's amendment or cancellation decision (the commissioner's decision). (2) For applying section 641 of the Law to the commissioner's decision, a dissatisfied person includes— (a) for a commissioner's refusal decision or a commissioner's conditional decision—the applicant for the mass or dimension exemption (permit) the subject of the decision; and (b) for a commissioner's amendment or cancellation decision— (i) if a mass or dimension exemption (notice) is the subject of the decision—a person adversely affected by the decision; or (ii) if a mass or dimension exemption (permit) is the subject of the decision—the person to whom the exemption was granted. (3) Section 642 of the Law does not apply in relation to the commissioner's decision. (4) For applying sections 643 to 646 of the Law, a reference to a road manager for a road, or to a road manager, is taken to include a reference to the commissioner. (5) The review decision for the commissioner's decision can not be the subject of an appeal under Part 11.3 of the Law. (6) Without limiting subsection (5)— (a) references to an appeal in section 645 of the Law may be ignored; and (b) section 646(2) of the Law applies only to the extent of section 646(2)(a) and (b). Division 3 Additional evidentiary provisions 30 Additional Regulator certificates (1) A certificate purporting to be issued by the Regulator and stating that, at a stated time or during a stated period or by a stated day— (a) a stated thing was the property of the Regulator; or (b) a stated sign was or was not an official traffic sign, contained stated words or was on a stated place; or (c) a stated vehicle was or was not inspected under the Law; or (d) a stated vehicle was or was not inspected in compliance with a stated requirement made by an authorised officer; or (e) an inspection of a stated vehicle under the Law gave stated results; or (f) a stated application, or another stated document required to be lodged under the Law, was or was not received by the Regulator; or (g) a stated report or stated information required to be given to the Regulator under the Law was received or was not received by the Regulator; or (h) no report or information of a stated type, required to be given to the Regulator under the Law, was received by the Regulator; or (i) a stated vehicle was or was not of a stated type, or was carrying stated goods; or (j) a stated heavy vehicle was or was not, whether generally or for the purposes of stated circumstances, insured in accordance with the requirements of any third party insurance legislation applying to the vehicle; or (k) a stated copy of a document was a copy of a document issued, or required to be kept, under the Law; or (l) a stated document was a manufacturer's specification for a stated type of vehicle; (m) a stated vehicle's GCM or GVM was a stated amount, and how the amount was identified; is evidence of the matter. (2) Subsection (1) does not limit section 711 of the Law. (3) Section 715 of the Law applies to a matter mentioned in subsection (1)(a) to (m) as if the matter was stated in a certificate under section 711 of the Law. 31 Additional road authority certificates (1) A certificate purporting to be issued by the entity that, under section 11, is the road authority for this jurisdiction, and stating that, at a stated time or during a stated period— (a) stated particulars existed in relation to a stated conviction, disqualification, suspension, cancellation, licence or other stated matter under a transport Act or a corresponding law to a transport Act; or (b) a stated copy of a document was a copy of a document issued, or required to be kept, under a transport Act or a corresponding law to a transport Act; or (c) a stated entity was a corresponding authority; or (d) a stated vehicle was or was not inspected under a transport Act; or (e) an inspection of a stated vehicle under a transport Act gave stated results; or (f) a stated vehicle's GCM or GVM was a stated amount, and how the amount was identified; or (g) a stated vehicle was or was not registered under TORUM as a heavy vehicle; or (h) a stated vehicle registered under TORUM was or was not registered as a heavy vehicle of a stated category; or (i) a stated person was or was not the registered operator, under TORUM, of a stated vehicle; or (j) a stated registration under TORUM was or was not amended or cancelled under that Act; is evidence of the matter. (2) Subsection (1) does not limit section 712 of the Law. (3) Section 715 of the Law applies to a matter mentioned in subsection (1)(a) to (f) as if the matter was stated in a certificate under section 712 of the Law. (4) In this section— corresponding authority see the Transport Operations (Road Use Management) Act 1995, schedule 4. corresponding law see the Transport Operations (Road Use Management) Act 1995, schedule 4. 32 Evidence of contents of document examined by authorised officer Evidence by an authorised officer of the contents of a document issued, or required to be kept, under the Law, that was examined by the officer while it was in someone else's possession, may be given by the officer without the document being produced. Example— An authorised officer who examines a driver's work diary may return the work diary to the driver to enable the driver to continue driving. The officer may give evidence of the contents of the work diary without producing it. 33 Averments (1) In a proceeding for an offence against the Law, a statement in the complaint for the offence that— (a) at a stated time or during a stated period— (i) a stated person was or was not the holder of a driver licence under the Transport Operations (Road Use Management) Act 1995 of any particular class or type; or (ii) a stated person was or was not the holder of a driver licence under the Transport Operations (Road Use Management) Act 1995 authorising the holder to drive a motor vehicle on a stated road; or (b) any distance mentioned in the complaint is or was a stated distance or is or was greater or less than a stated distance; is evidence of the matter. (2) Section 715 of the Law applies to the matter mentioned in subsection (1)(b) as if the matter were a matter stated in a certificate to which the section applies. Division 4 Special provisions about Regulator 34 Declarations about industrial relations status of Regulator (1) It is declared that — (a) the Regulator is not a public sector employer for the purposes of the Fair Work (Commonwealth Powers) and Other Provisions Act 2009; and (b) it is the intention of the Parliament that the Regulator be a national system employer for the purposes of the Fair Work Act 2009 (Cwlth). (2) No Act of Queensland can have effect to stop the Regulator from being a national system employer for the purposes of the Fair Work Act 2009 (Cwlth). Division 4A Transfer of particular employees, vehicles and proceedings 34A Definitions for division In this division— directive means a directive made under the Public Sector Act 2022. TMR means the department administering the Transport Operations (Road Use Management) Act 1995. transfer day see section 34B(2). transferring employee means an employee of TMR identified in a transfer schedule. transfer schedule see section 34B(1). 34B Transfer schedule (1) The Minister may make 1 or more schedules (a transfer schedule) identifying the following matters— (a) the employees of TMR that are to be transferred to the Regulator under this division; (b) the directives that are to apply to an employee mentioned in paragraph (a) for the purpose of section 34C; (c) the vehicles operated by the State that are to be transferred to the Regulator and to which section 34E applies. (2) If a transfer schedule identifies employees or vehicles for the purpose of transferring the employees or vehicles to the Regulator, the Minister must state in the schedule the day (the transfer day) the employees or vehicles are transferred to the Regulator under this division. 34C Transferring TMR employees (1) On the transfer day— (a) a transferring employee ceases to be an employee of TMR; and (b) a transferring employee becomes an employee of the Regulator; and (c) TMR's records, to the extent they relate to the employment of transferring employees, become records of the Regulator; and (d) TMR's liabilities relating to a transferring employee's accrued rights to annual, sick, long service or other leave become the liabilities of the Regulator. (2) The Regulator and TMR must do all things necessary to enable the transfer of a transferring employee under subsection (1). (3) TMR may retain copies of the records mentioned in subsection (1)(c). (4) TMR must pay to the Regulator an amount equivalent to the liabilities of TMR mentioned in subsection (1)(d). (5) A reference in this section to an employee's rights to recreation, sick, long service or other leave includes a reference to the employee's rights under a directive identified in a transfer schedule for the employee as that directive applies to the employee on the transfer day. 34D Rights of transferring employees (1) The transfer of an employee of TMR under section 34C does not— (a) affect the employee's benefits, entitlements or remuneration; or (b) prejudice the employee's existing or accruing rights to superannuation or recreation, sick, long service or other leave; or (c) interrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or (d) entitle the employee to a payment or other benefit from the State because the employee is no longer employed by TMR; or (e) require TMR to make any payment to the employee in relation to the employee's accrued rights to recreation, sick, long service or other leave. (2) Despite any other law, employment arrangement or directive, the transfer of an employee under section 34C(1)(a) does not— (a) entitle the transferring employee to a payment or other benefit for a retrenchment or redundancy; or (b) require TMR or the State to find the employee alternative employment. (3) A reference in this section to an employee's benefits, entitlements or remuneration, or rights to superannuation or recreation, sick, long service or other leave, includes a reference to the employee's benefits, entitlements, remuneration or rights under a directive identified in a transfer schedule for the employee as that directive applies to the employee on the transfer day. (4) A directive identified in a transfer schedule that is not a copied State instrument under the Fair Work Act 2009 (Cwlth) ceases to operate for a transferring employee when the directives that are copied State instruments under the Fair Work Act 2009 (Cwlth) cease to operate under section 768AO of that Act. (5) In this section— copied State instrument see the Fair Work Act 2009 (Cwlth), section 768AH. 34E Transferring vehicles (1) This section applies to a vehicle operated by the State identified in a transfer schedule and transferred to the Regulator. (2) The State and the Regulator are exempt from complying with a process or requirement under the following laws that the entities would otherwise be required to comply with for the purpose of registering or recording the transfer of the vehicle— (a) the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021, part 3, division 3; (b) the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021, part 6. 34F Current proceedings If a proceeding by or against TMR, relating to an employee transferred under section 34C, has not been concluded before the transfer day— (a) the proceeding must be continued and concluded by or against TMR; and (b) TMR is liable for any liability of TMR that arose before the transfer day, or arises after the transfer day, as a result of— (i) the proceeding; or Examples of liabilities for subparagraph (i)— • a judgment debt • a liability incurred as a result of discontinuing the proceeding • costs of the proceeding (ii) an act or omission that is the subject of the proceeding. Division 5 Other specific provisions 35 Application of particular provisions to police officers A provision of Chapter 9 of the Heavy Vehicle National Law (Queensland) that corresponds to a provision of the Police Powers and Responsibilities Act 2000 does not apply to an authorised officer who is a police officer. 36 Review of decision by QCAT as relevant tribunal or court A reference in the Heavy Vehicle National Law (Queensland) to an appeal against a decision is, for an appeal to QCAT as the relevant tribunal or court, a reference to a review of the decision as provided under the QCAT Act. 37 Use of force (1) For section 491(2) of the Law, a police officer is authorised to use force against a person in the exercise or purported exercise of a function under Chapter 9 of the Law if the Police Powers and Responsibilities Act 2000 authorises the police officer to use the force against the person. (2) For section 492(1)(b) of the Law, the exercise of the power to use force against property is authorised for the purposes of the following provisions of the Law— (a) section 497(4)(a); (b) section 498(6); (c) section 500(2)(c); (d) section 518(6)(b); (e) section 519(7); (f) section 521(1); (g) section 523(2). 38 Power to seize If, apart from section 552(1) of the Law, a heavy vehicle, or a thing mentioned in section 552(1)(b) of the Law, is a thing that may be seized under Chapter 9 of the Law, it may be seized under Chapter 9 of the Law despite section 552(1). 39 Power to require production of driver licence (1) An authorised officer may, for compliance purposes, require the driver of a heavy vehicle to produce for inspection by the officer the driver's driver licence. (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—45 penalty units. (3) It is not a reasonable excuse for the person to fail to comply with a requirement made under subsection (1)— (a) that the person does not have the driver licence 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. (4) The authorised officer may take a copy of, or an extract from, the driver's driver licence. 40 Commissioner consent for grant of blue light vehicle standards exemption (1) The Regulator may, under the Law, grant a blue light vehicle standards exemption only with the consent of the commissioner. (2) The Regulator must ask the commissioner for the consent. (3) The commissioner must decide to give or not to give the consent within 28 days after the request is made. (4) The commissioner may decide to give the consent only if the commissioner is satisfied that the blue light vehicle standards exemption will not, or is not likely to, adversely affect public safety. (5) Without limiting subsection (4), the commissioner must be satisfied that the exemption will not, or is not likely to, operate to reduce the effectiveness of using blue lights to clearly identify to other road users vehicles being used for law enforcement or for an emergency. (6) Also, in deciding whether or not to give the consent, the commissioner must have regard to the approved guidelines for granting vehicle standards exemptions. (7) The commissioner may decide to consent to the grant of a blue light vehicle standards exemption subject to a condition that a stated public safety condition is imposed on the exemption. (8) If the commissioner decides to consent in a way mentioned in subsection (7), the Regulator must impose the public safety condition on the exemption. (9) Section 26 applies to a blue light vehicle standards exemption (notice) as if the exemption were a mass or dimension exemption (notice) for which the commissioner's consent was given. (10) Section 27, other than section 27(5)(b) and (c), applies to a blue light vehicle standards exemption (permit) as if the exemption were a mass or dimension exemption (permit) for which the commissioner's consent was given. (11) This section applies in relation to a blue light whether or not it is a light that flashes. (12) In this section— blue light vehicle standards exemption means— (a) a blue light vehicle standards exemption (notice); or (b) a blue light vehicle standards exemption (permit). blue light vehicle standards exemption (notice) means a vehicle standards exemption (notice) that permits heavy vehicles of the category the subject of the exemption to be fitted with a blue light. blue light vehicle standards exemption (permit) means a vehicle standards exemption (permit) that permits the heavy vehicle the subject of the exemption to be fitted with a blue light. 41 Commissioner permission for fitting of blue light if vehicle standards exemption is not required (1) This section applies to a heavy vehicle, other than a police vehicle, that under the heavy vehicle standards may be fitted with a blue light. (2) The heavy vehicle standards are taken to further provide that the heavy vehicle may be fitted with a blue light only if the commissioner has given written permission for the fitting of the light. (3) A written permission for the fitting with a blue light of a heavy vehicle to which this section applies, given by the commissioner before the commencement of this section and still in force immediately before the commencement, is taken to be a written permission for the fitting of the light given under subsection (2). (4) This section applies in relation to a blue light whether or not it is a light that flashes. (5) In this section— police vehicle means a heavy vehicle driven by a police officer in the course of the police officer's duty. 42 Provision of information and assistance by Queensland information holder (1) Despite any other Act or law, a Queensland information holder is authorised, on the Queensland information holder's own initiative or at the request of the Regulator— (a) to provide the Regulator with information (including personal information and information given in confidence) held by the department and reasonably required by the Regulator for administering the Law; and (b) to provide the Regulator with other assistance reasonably required by the Regulator to exercise a function under the Law. (2) To remove any doubt, it is declared that information given to the Regulator as authorised under subsection (1) is taken to be information obtained in the course of administering the Law, as mentioned in section 727(1), definition protected information, paragraph (a) of the Law. (3) This section does not limit section 660 of the Law. (4) Nothing done, or authorised to be done, by a Queensland information holder in acting under subsection (1)— (a) constitutes a breach of, or default under, an Act or other law; or (b) constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or (c) constitutes a breach of a duty of confidence (whether arising by contract, in equity or by custom or in any other way); or (d) constitutes a civil or criminal wrong; or (e) terminates an agreement or obligation, or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy; or (f) releases a surety or any other obligee wholly or in part from an obligation. (5) In this section— Queensland information holder means— (a) the chief executive; or (b) an officer or employee of the department who has access to information held by the department in the ordinary course of performing duties in the department. 42A Authorisation for s 688 of the Law (Payments into Fund) (1) For section 688(1)(e) of the Law, an amount equal to the regulatory component of the charges payable for the registration of heavy vehicles is to be paid into the Fund. (2) In this section— regulatory component, of the charges payable for the registration of heavy vehicles, means the component of the charges prescribed under TORUM as the regulatory component of the charges. Part 4A Other modifications of National Law 42B Meaning of National Law In this part— National Law means the Heavy Vehicle National Law set out in the Schedule. 42C Operation of pt 4A This part states other modifications of the National Law for the purpose of applying the Law as a law of this jurisdiction under section 4. 42CA Amendment of s 479 (Functions of authorised officers) National Law, section 479— insert— (3) An authorised officer also has the functions conferred on the officer under another law of this jurisdiction. Editor's note— This subsection is an additional Queensland provision. 42CB Amendment of s 583 (Regulator may exercise powers of authorised officers) National Law, section 583(1)— omit, insert— (1) The Regulator may exercise a power that is conferred on authorised officers under this Law or another law of this jurisdiction, and accordingly the functions of the Regulator include the powers exercisable by the Regulator under this subsection. Editor's note— This subsection is a substituted Queensland provision. 42D Amendment of s 598 (Power to cancel or suspend vehicle registration) National Law, s 598(2)— omit, insert— (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. 42DA Amendment of s 659 (Functions of Regulator) National Law, section 659— insert— (3) The Regulator also has the functions conferred on it under another law of this jurisdiction. Editor's note— This subsection is an additional Queensland provision. 42E Amendment of s 707A (Proceeding for other offences) National Law, section 707A— insert— (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. Part 5 Miscellaneous 43 Regulation-making power (1) The Governor in Council may make regulations under the local application provisions of this Act. (2) A regulation may modify the application of a national regulation in Queensland. 43A Fees payable under Heavy Vehicle National Law (Queensland) (1) This section provides for the fee payable for a matter under the Heavy Vehicle National Law (Queensland) if a provision of the Law refers to a fee that is or may be payable under a law of this jurisdiction for the matter. (2) The fee payable for the matter, if any, is the amount prescribed under a regulation for the matter. Part 6 Savings and transitional provisions Division 1 The Regulator 44 Savings provision for Regulator (1) This section has effect for the purposes of— (a) the commencement, on 12 October 2012, of Chapters 12 and 14 of the original HVNL(Q); and (b) the commencement, after 12 October 2012, of Chapter 12 and Part 14.1 of the new HVNL(Q). (2) Anything done under Chapter 12 or 14 of the original HVNL(Q) and still in effect immediately before the relevant commencement continues to have effect after the relevant commencement and may, if the circumstances permit, be taken to have been done under Chapter 12 or Part 14.1 of the new HVNL(Q). (3) Without limiting subsection (2), the following things continue to have effect after the relevant commencement— (a) establishment of the Regulator under the original HVNL(Q); (b) appointment of members of the Board as in office immediately before the relevant commencement; (c) appointment of the chief executive officer by the Board; (d) decisions of the Board still in force immediately before the relevant commencement; (e) actions taken by the Regulator still in effect immediately before the relevant commencement; (f) agreements entered into by the Regulator and still in force immediately before the relevant commencement. (4) In this section— new HVNL(Q) means the Heavy Vehicle National Law (Queensland) as at the commencement of this section. original HVNL(Q) means the Heavy Vehicle National Law (Queensland) as at 12 October 2012. relevant commencement means the commencement of Chapter 12 of the new HVNL(Q). Division 2 Operation of general savings and transitional provision 45 Definitions for div 2 In this division— commencement means the commencement of this division. general savings and transitional provision means section 748 of the Law. 46 Operation of general savings and transitional provision This division does not affect the operation of the general savings and transitional provision except to the extent expressly provided for. 47 Investigation and enforcement for offences committed before commencement (1) To remove any doubt, it is declared that the general savings and transitional provision does not affect the operation of the Acts Interpretation Act 1954, section 20 in relation to a relevant offence. (2) A transport Act, as in force before the commencement, continues to apply for the purposes of a relevant offence— (a) as if the Law was not in force; and (b) if the transport Act was amended on the commencement—as if the transport Act had not been amended on the commencement. Example— In the investigation of a relevant offence, an embargo notice is issued, before the commencement, under section 46B of TORUM. A breach of the embargo notice after the commencement would be dealt with as an offence under TORUM as in force before the commencement. (3) Without limiting subsections (1) and (2)— (a) a transport Act, as in force before the commencement, continues to have effect for all matters arising, whether before or after the commencement— (i) in the investigation of the relevant offence; or (ii) in the enforcement of any transport Act in relation to the relevant offence; and (b) a proceeding for the relevant offence or an associated offence may be started under a transport Act as in force before the commencement; and (c) the State Penalties Enforcement Act 1999, as in force before the commencement, applies to the relevant offence and any associated offence. Examples— 1 In the investigation of a relevant offence, an embargo notice could be issued, after the commencement, under section 46B of TORUM. A subsequent breach of the embargo notice would be dealt with as an offence under TORUM as in force before the commencement. 2 A provision of TORUM that is repealed on the commencement, but that was in force before the commencement as an aid to the giving of evidence, would continue to apply, or could be applied, for a proceeding for an offence against a transport Act alleged to have been committed before the commencement. (4) Section 748(5) of the Law applies to a relevant prosecution as if it were a prosecution referred to in section 748(3)(c) of the Law. (5) In this section— associated offence means any offence arising out of any investigation or enforcement as mentioned in subsection (3)(a). relevant offence means an offence committed or suspected to have been committed under a transport Act before the commencement. relevant prosecution means the prosecution of— (a) a relevant offence; and (b) any other offence that, under this section, is dealt with as an offence under a transport Act. 48 Particular orders continue to have effect under TORUM after commencement (1) The general savings and transitional provision does not apply to a TORUM order or VSS notice. (2) TORUM, as in force before the commencement, continues to apply for the purposes of a TORUM order as if— (a) the Law was not in force; and (b) TORUM had not been amended on the commencement. Example— Before the commencement, a court made a supervisory intervention order under section 164B of TORUM, requiring a person to give a compliance report to the chief executive, as mentioned in section 164C of TORUM, by a stated time that is after the commencement. A failure to give the report by the stated time would be dealt with as an offence under section 164E of TORUM even though sections 164B and 164E are repealed on the commencement. (3) TORUM, including the VSS regulation, as in force immediately before the commencement, continues to apply for the purposes of a VSS notice as if— (a) the Law was not in force; and (b) TORUM, including the VSS regulation, had not been amended on the commencement. (4) Without limiting subsections (2) and (3)— (a) TORUM, including the VSS regulation, as in force before the commencement, continues to have effect for all matters arising after the commencement— (i) in the investigation of a relevant offence; or (ii) in the enforcement of TORUM, including the VSS regulation, in relation to a relevant offence; and (b) a proceeding for a relevant offence may be started under TORUM as in force before the commencement; and (c) the State Penalties Enforcement Act 1999, as in force before the commencement, continues to have effect in relation to a relevant offence. (5) Section 748(5) of the Law applies to the prosecution of a relevant offence as if it were a prosecution referred to in section 748(3)(c) of the Law. (6) In this section— relevant offence means an offence committed after the commencement relating to noncompliance with a TORUM order or VSS notice. TORUM order means a requirement, direction, authorisation, notice or order if— (a) it was made or given under a TORUM order provision before the commencement; and (b) it applied to a vehicle that, on the commencement, becomes a heavy vehicle under the Law; and (c) immediately before the commencement it was still in force to require a person to do or not to do something. TORUM order provision means any of the following provisions of TORUM as in force before the commencement— (a) section 36; (b) section 37(1); (c) section 38(2); (d) section 39E(2) or (4); (e) section 39F(2); (f) section 39G(2); (g) section 39K(2) or (3); (h) section 39L(2) or (3); (i) section 39M(2); (j) section 39N(2); (k) section 39Q(2); (l) section 164B. VSS notice means a defect notice given under section 8(2) of the VSS regulation if— (a) it was given before the commencement; and (b) it applied to a vehicle that, on the commencement, becomes a heavy vehicle under the Law; and (c) immediately before the commencement it was still in force to require a person to do or not to do something. VSS regulation means the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2010 of Queensland. 49 Continuation of work diary exemption (1) A relevant exemption continues in force under the Law to the greatest practicable extent as if it were a work diary exemption (permit) under the Law. (2) However, for applying the Law to it, the relevant exemption— (a) is not, and can not be made, the subject of a standard hours condition; and (b) can not, when subsection (1) commences to have effect in relation to it, be made subject to any other conditions as mentioned in section 366(2) of the Law; and (c) except to the extent it is amended or cancelled under section 370, 371 or 372 of the Law, continues in force until it would have expired if the Law had not been enacted. (3) This section does not limit the application of the general savings and transitional provision to a work diary exemption under the fatigue regulation that is not a relevant exemption. (4) In this section— fatigue regulation means the Transport Operations (Road Use Management—Fatigue Management) Regulation 2008 of Queensland. relevant exemption means a work diary exemption under the fatigue regulation if the exemption— (a) was granted on the basis of the chief executive's satisfaction under section 158(3)(a) of the fatigue regulation; and (b) was in force immediately before the commencement of this section. standard hours condition means a condition as mentioned in section 366(1) of the Law. 50 Declaratory regulation-making power for general savings and transitional provision (1) A regulation (a declaratory regulation) may make provision of a declaratory nature, as provided for in subsection (2), in relation to the operation of the general savings and transitional provision. (2) A declaratory regulation may in relation to a particular thing done under the former legislation before the commencement— (a) declare that the general savings and transitional provision applies to it; or (b) declare how the general savings and transitional provision applies to it. (3) A declaratory regulation has effect according to its terms. (4) The operation of the general savings and transitional provision is not limited by the making of a declaratory regulation other than to the extent provided for in the declaratory regulation. (5) The transitional regulation-making power as provided for in division 3 does not apply to a declaratory regulation lawfully made under this section even if, apart from this section, the declaratory regulation could be made as a transitional regulation. (6) A declaratory regulation may not have retrospective operation. (7) If a declaratory regulation commences after the commencement, it does not affect the operation of the general savings and transitional provision in a way that disadvantages a person by— (a) decreasing the person's rights; or (b) imposing liabilities on the person. (8) A declaratory regulation must declare it is a declaratory regulation. Division 3 General transitional matters 51 [Expired] 52 References in documents to repealed or amended provisions (1) This section applies to a document if— (a) there is a reference in the document to a provision (the affected provision) of TORUM as in force before the commencement of this section; and (b) the affected provision is repealed or amended on the commencement of this section having regard to the commencement of the Law. (2) The reference may, if the context permits, be taken to be a reference to a provision of the Law corresponding to the affected provision. (3) In this section— document does not include an Act. Division 4 [Repealed] 53 [Repealed] 54 [Repealed] 55 [Repealed] 56 [Repealed] 57 [Repealed] 58 [Repealed] 59 [Repealed] 60 [Repealed] 61 [Repealed] 62 [Repealed] 63 [Repealed] Schedule Heavy Vehicle National Law Chapter 1 Preliminary Part 1.1 Introductory matters 1 Short title This Law may be cited as the Heavy Vehicle National Law. 2 Commencement This Law commences in a participating jurisdiction as provided by the Act of that jurisdiction that applies this Law as a law of that jurisdiction. 3 Object of Law The object of this Law is to establish a national scheme for facilitating and regulating the use of heavy vehicles on roads in a way that— (a) promotes public safety; and (b) manages the impact of heavy vehicles on the environment, road infrastructure and public amenity; and (c) promotes industry productivity and efficiency in the road transport of goods and passengers by heavy vehicles; and (d) encourages and promotes productive, efficient, innovative and safe business practices. 4 Regulatory framework to achieve object The object of this Law is to be achieved by a regulatory framework that— (a) establishes an entity (the National Heavy Vehicle Regulator) with functions directed at ensuring the object is achieved; and (b) provides for a database of heavy vehicles; and (c) prescribes requirements about the following— (i) the standards heavy vehicles must meet when on roads; (ii) the maximum permissible mass and dimensions of heavy vehicles used on roads; (iii) securing and restraining loads on heavy vehicles used on roads; (iv) preventing drivers of heavy vehicles exceeding speed limits; (v) preventing drivers of heavy vehicles from driving while fatigued; and (d) imposes duties and obligations directed at ensuring heavy vehicles and drivers of heavy vehicles comply with