Australian Capital Territory
Heavy Vehicle National Law (Consequential Amendments) Act 2013
A2013-52
    
Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	Legislation repealed	3
Part 2	Freedom of Information Regulation 1991
	5	New section 2B	4
Part 3	Legislation Act 2001
	6	Dictionary, part 1, new definition of Heavy Vehicle National Law (ACT)	5
Part 4	Magistrates Court Act 1930
	7	Meaning of prescribed offence for pt 3.7
New section 116AA (1) (ab)	6
	8	Section 116AA (2), definition of road transport legislation, paragraph (c)	6
Part 5	Road Transport (Alcohol and Drugs) Act 1977
	9	Name of Act
Section 1, note 2	7
	10	Section 1, note 3	7
	11	Meaning of special driver
Section 4B (3), definition of heavy vehicle	7
Part 6	Road Transport (Driver Licensing) Act 1999
	12	Name of Act
Section 1, note 2	8
	13	Section 1, note 3	8
	14	Driver must be licensed
Section 31 (10), notes	9
Part 7	Road Transport (Driver Licensing) Regulation 2000
	15	Vehicles authorised to be driven by licence classes
Section 9 (3) (b)	10
	16	Heavy vehicle learners
Section 23, notes 3 and 4	10
	17	When authority may vary, suspend or cancel driver licences
Section 87, note 2	11
Part 8	Road Transport (General) Act 1999
	18	Name of Act
Section 1, note 2	12
	19	Section 1, note 3	12
	20	What is the road transport legislation?
Section 6 (d)	12
	21	Sections 20 (1) and 21, notes	12
	22	Definitions—pt 3
Section 21A, new definition of heavy vehicle infringement notice offence	12
	23	Infringement notices
Section 24 (1) and (2)	13
	24	New section 24 (5)	13
	25	Infringement notice—payment of penalty etc
Section 26, note 3	14
	26	Action on service of reminder notice—payment of penalty etc
Section 28, note 2	14
	27	Time for beginning prosecution for infringement notice offence
Section 31	14
	28	Section 31, new note	15
	29	Infringement notice—effect of penalty payment etc
Section 39 (1) (a) (iii) (B)	15
	30	Section 39 (1) (c) (iii) (B)	15
	31	Suspension for nonpayment of infringement notice penalties
Section 44 (1) (a)	15
	32	Section 44 (1) (a), new note	15
	33	Procedure if liability disputed
Section 53 (2)	16
	34	Section 53 (4)	16
	35	Section 53 (5)	16
	36	Section 53 (6) and note	17
	37	Authorised people for infringement notice offences
Section 53A (1)	17
	38	Section 53A (1), new note	17
	39	Section 53A (2)	17
	40	Section 53A (3)	18
	41	Delegation of administering authority’s functions
New section 54 (1) (d)	19
	42	Police officer or authorised person may require name, date of birth, address and driver licence—driver or rider
Section 58 (1), new note	19
	43	Police officer or authorised person may require people to disclose identity of driver
Section 60 (1), new note	19
	44	Court may order disqualification for other offences
Section 64, note	19
	45	Determination of fees, charges and other amounts
Section 96 (5), new definition of road transport legislation	20
	46	Dictionary, new definition of heavy vehicle infringement notice offence	20
	47	Dictionary, definition of infringement notice	20
Part 9	Road Transport (General) Regulation 2000
	48	Internally reviewable decisions
Schedule 1, parts 1.6A and 1.6B	21
Part 10	Road Transport (Offences) Regulation 2005
	49	Identifying particulars for authorised person for infringement notice offence—pt 2
New section 4D, definition of identifying particulars, paragraph (c)	22
	50	Infringement notice penalties—Act, dict, def infringement notice penalty, par (a)
Section 6 (2)	22
	51	Administering authority—Act, dict, def administering authority
Section 8 (1) (c) (i) and (ii)	22
	52	New section 8 (3) and (4)	23
	53	Sections 9 to 11	23
	54	Infringement notices—service—Act, s 24 (2)
Section 12 (2) (b) (ii) and (3) (b) (ii)	24
	55	Infringement notices—contents—Act, s 25
Section 14A (2) (f)	24
	56	Section 14A (2) (g)	25
	57	Reminder notices—contents—Act, s 27 (3)
Section 14B (1) (p)	25
	58	Section 14B (1) (q)	25
	59	Short descriptions, penalties and demerit points
Schedule 1, new parts 1.2A and 1.2B	26
	60	Schedule 1, parts 1.8A and 1.8B	61
Part 11	Road Transport (Public Passenger Services) Act 2001
	61	Name of Act
Section 1, note 2	62
	62	Section 1, note 3	62
Part 12	Road Transport (Safety and Traffic Management) Act 1999
	63	Name of Act
Section 1, note 2	63
	64	Section 1, note 3	63
Part 13	Road Transport (Safety and Traffic Management) Regulation 2000
	65	General
Division 2.2.1 heading, note 3, table, item 8, column 3	64
	66	ARR dict—definitions for dictionary
Section 33 (1), definition of oversize vehicle, paragraph (a)	64
Part 14	Road Transport (Third-Party Insurance) Act 2008
	67	Name of Act
Section 1, note 2	65
	68	Section 1, note 3	65

Part 15	Road Transport (Vehicle Registration) Act 1999
	69	Name of Act
Section 1, note 2	66
	70	Section 1, note 3	66
	71	Dictionary, definition of vehicle standard	66

Australian Capital Territory
Heavy Vehicle National Law (Consequential Amendments) Act 2013
A2013-52

An Act to amend legislation because of the enactment of the Heavy Vehicle National Law (ACT) Act 2013, and for other purposes

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1	Preliminary
1	Name of Act
This Act is the Heavy Vehicle National Law (Consequential Amendments) Act 2013.
2	Commencement
This Act commences on the commencement of the Heavy Vehicle National Law (ACT) Act 2013, section 7 (Application of Heavy Vehicle National Law).
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the following legislation:
·	Freedom of Information Regulation 1991
·	Legislation Act 2001
·	Magistrates Court Act 1930
·	Road Transport (Alcohol and Drugs) Act 1977
·	Road Transport (Driver Licensing) Act 1999
·	Road Transport (Driver Licensing) Regulation 2000
·	Road Transport (General) Act 1999
·	Road Transport (General) Regulation 2000
·	Road Transport (Offences) Regulation 2005
·	Road Transport (Public Passenger Services) Act 2001
·	Road Transport (Safety and Traffic Management) Act 1999
·	Road Transport (Safety and Traffic Management) Regulation 2000
·	Road Transport (Third-Party Insurance) Act 2008
·	Road Transport (Vehicle Registration) Act 1999.
4	Legislation repealed
	(1)	The following legislation is repealed:
·	Road Transport (Mass, Dimensions and Loading) Act 2009 (A2009-22)
·	Road Transport (Mass, Dimensions and Loading) Regulation 2010 (SL2010-4)
·	Road Transport (General) (Restricted Access Vehicle Route Access Permit Fees) Determination 2010 (No 1) (DI2010-23).
	(2)	All other legislative instruments under the Road Transport (Mass, Dimensions and Loading) Act 2009 are repealed.

Part 2	Freedom of Information Regulation 1991
5	New section 2B
insert
2B	Regulator and Board not prescribed authorities—Act, dict, def prescribed authority, par (a) (ii)
	(1)	The Regulator and Board are not prescribed authorities.
	(2)	In this section:
Board—see the Heavy Vehicle National Law (ACT), section 5.
Regulator—see the Heavy Vehicle National Law (ACT), section 5.

Part 3	Legislation Act 2001
6	Dictionary, part 1, new definition of Heavy Vehicle National Law (ACT)
insert
Heavy Vehicle National Law (ACT) means the provisions applying in the ACT because of the Heavy Vehicle National Law (ACT) Act 2013, section 7 (Application of Heavy Vehicle National Law).

Part 4	Magistrates Court Act 1930
7	Meaning of prescribed offence for pt 3.7
New section 116AA (1) (ab)
insert
	(ab)	for an offence against the Heavy Vehicle National Law (ACT)—the maximum fine that can be imposed on the person for the offence is $3 000 or another amount prescribed by regulation; or
8	Section 116AA (2), definition of road transport legislation, paragraph (c)
omit

Part 5	Road Transport (Alcohol and Drugs) Act 1977
9	Name of Act
Section 1, note 2
omit
·	Road Transport (Mass, Dimensions and Loading) Act 2009
10	Section 1, note 3
substitute
Note 3	Other laws dealing with road transport include the Dangerous Goods (Road Transport) Act 2009 and the Heavy Vehicle National Law (ACT).
Note 4	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
11	Meaning of special driver
Section 4B (3), definition of heavy vehicle
substitute
heavy vehicle—see the Heavy Vehicle National Law (ACT), section 5.

Part 6	Road Transport (Driver Licensing) Act 1999
12	Name of Act
Section 1, note 2
omit
·	Road Transport (Mass, Dimensions and Loading) Act 2009
13	Section 1, note 3
substitute
Note 3	Other laws dealing with road transport include the Dangerous Goods (Road Transport) Act 2009 and the Heavy Vehicle National Law (ACT).
Note 4	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
14	Driver must be licensed
Section 31 (10), notes
substitute
Note 1	The offences in this section do not apply to an authorised officer (including a police officer) or authorised assistant who drives a heavy vehicle under the Heavy Vehicle National Law (ACT), s 519 (Moving unattended heavy vehicle on road if causing harm etc.).
Note 2	The offences in this section do not apply to an authorised officer (including a police officer) or authorised assistant who starts or stops a heavy vehicle’s engine under the Heavy Vehicle National Law (ACT), s 523 (Starting or stopping heavy vehicle engine).  Under that section, an authorised officer or assistant may start or stop a heavy vehicle’s engine to assist with the exercise of powers under that Law.
Note 3	The offences in this section do not apply to a person who is required by an authorised officer (including a police officer) under the Heavy Vehicle National Law (ACT), s 577 (Power to require reasonable help) to start or stop a heavy vehicle’s engine.

Part 7	Road Transport (Driver Licensing) Regulation 2000
15	Vehicles authorised to be driven by licence classes
Section 9 (3) (b)
substitute
	(b)	to drive a motor vehicle in contravention of the Heavy Vehicle National Law (ACT); or
16	Heavy vehicle learners
Section 23, notes 3 and 4
substitute
Note 3	However, the offences in relation to s (3) (a) to (d) do not apply to an authorised officer (including a police officer) or authorised assistant who drives a heavy vehicle under the Heavy Vehicle National Law (ACT), s 519 (Moving unattended heavy vehicle on road if causing harm etc.).
Note 4	Also, the offences in relation to s (3) (a) to (d) do not apply to a person who starts or stops a heavy vehicle’s engine under the Heavy Vehicle National Law (ACT), s 523 (Starting or stopping heavy vehicle engine).  Under that section, an authorised officer or authorised assistant may start or stop a heavy vehicle’s engine to assist with the exercise of powers under that Law.
Note 5	Also, the offences in relation to s (3) (a) to (d) do not apply to a person who is required by an authorised officer under the Heavy Vehicle National Law (ACT), s 577 (Power to require reasonable help) to start or stop a heavy vehicle’s engine.
17	When authority may vary, suspend or cancel driver licences
Section 87, note 2
substitute
Note 2	A court may also order licence variation, suspension and cancellation under the Heavy Vehicle National Law (ACT), s 598A.

Part 8	Road Transport (General) Act 1999
18	Name of Act
Section 1, note 2
omit
·	Road Transport (Mass, Dimensions and Loading) Act 2009
19	Section 1, note 3
substitute
Note 3	Other laws dealing with road transport include the Dangerous Goods (Road Transport) Act 2009 and the Heavy Vehicle National Law (ACT).
Note 4	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
20	What is the road transport legislation?
Section 6 (d)
omit
21	Sections 20 (1) and 21, notes
omit
22	Definitions—pt 3
Section 21A, new definition of heavy vehicle infringement notice offence
insert
heavy vehicle infringement notice offence means an infringement notice offence against the Heavy Vehicle National Law (ACT).
23	Infringement notices
Section 24 (1) and (2)
substitute
	(1)	Subsection (2) applies if an authorised person reasonably believes that a person has committed an infringement notice offence (other than a heavy vehicle infringement notice offence). 
	(2)	A notice for the offence may be served on the person. 
Note  	An authorised officer under the Heavy Vehicle National Law (ACT) may serve a person with a notice if the officer reasonably believes the person has committed a heavy vehicle infringement notice offence (see Heavy Vehicle National Law (ACT), s 591 (1)).
	(2A) 	An infringement notice must be served in the way prescribed by regulation.
Note 	The Heavy Vehicle National Law (ACT), s 591 (2) provides that the procedures to be followed in connection with a heavy vehicle infringement notice are to be the procedures prescribed under the Infringement Notice Offences Law for the territory (see also s 5, def Infringement Notice Offences Law and Heavy Vehicle National Law (ACT) Act 2013, s 13).
24	New section 24 (5)
insert
	(5)	In this section:
infringement notice means—
	(a)	a notice mentioned in subsection (2); and
	(b)	a notice mentioned in the Heavy Vehicle National Law (ACT), section 591 (1) (Infringement Notices).
25	Infringement notice—payment of penalty etc
Section 26, note 3
substitute
Note 3	If a person disputes liability for an infringement notice offence (other than a heavy vehicle infringement notice offence), the administering authority may lay an information in the Magistrates Court against the person for the offence (see s 53).  For proceedings for heavy vehicle infringement notice offences, see the Heavy Vehicle National Law (ACT), s 707.
26	Action on service of reminder notice—payment of penalty etc
Section 28, note 2
substitute
Note 2	If a person disputes liability for an infringement notice offence (other than a heavy vehicle infringement notice offence), the administering authority may lay an information in the Magistrates Court against the person for the offence (see s 53).  For proceedings for heavy vehicle infringement notice offences, see the Heavy Vehicle National Law (ACT), s 707.
27	Time for beginning prosecution for infringement notice offence
Section 31
after
infringement notice offence
insert
(other than a heavy vehicle infringement notice offence)
28	Section 31, new note
insert
Note	For proceedings for heavy vehicle infringement notice offences, see the Heavy Vehicle National Law (ACT), s 707.
29	Infringement notice—effect of penalty payment etc
Section 39 (1) (a) (iii) (B)
substitute
	(B)	a proceeding had not been brought against the person for the offence; or
30	Section 39 (1) (c) (iii) (B)
substitute
	(B)	a proceeding had not been brought against a responsible person for the vehicle for the offence.
31	Suspension for nonpayment of infringement notice penalties
Section 44 (1) (a)
after
part
insert
or the Heavy Vehicle National Law (ACT)
32	Section 44 (1) (a), new note
insert
Note	A notice may be served on a person by an authorised officer for a heavy vehicle infringement notice offence (see Heavy Vehicle National Law (ACT), s 591 (1)).
33	Procedure if liability disputed
Section 53 (2)
substitute
	(2)	The administering authority may—
	(a)	for a heavy vehicle infringement notice offence—bring a proceeding against the person under the Heavy Vehicle National Law (ACT) within 60 days after being given the notice; or
Note	For proceedings for heavy vehicle infringement notice offences, see the Heavy Vehicle National Law (ACT), s 707.
	(b)	in any other case—lay an information in the Magistrates Court against the person for the offence within 60 days after being given the notice.
34	Section 53 (4)
omit everything after
after
substitute
a proceeding or information mentioned in subsection (2) had been brought or laid against the person for the offence.
35	Section 53 (5)
omit
lay an information in the Magistrates Court
substitute
bring a proceeding or lay an information mentioned in subsection (2)
36	Section 53 (6) and note
substitute
	(6)	To remove any doubt, subsection (2) does not permit the administering authority to bring a proceeding or lay an information against a person for an offence after the end of the time within which, apart from this section, a prosecution may be brought against the person for the offence.
Note	For the time within which a prosecution for an infringement notice offence other than a heavy vehicle infringement notice offence must be begun, see s 31.  For proceedings for heavy vehicle infringement notice offences, see the Heavy Vehicle National Law (ACT), s 707.
37	Authorised people for infringement notice offences
Section 53A (1)
after
infringement notice offence
insert
(other than a heavy vehicle infringement notice offence)
38	Section 53A (1), new note
insert
Note 3	Infringement notices for heavy vehicle infringement notice offences are served by authorised officers within the meaning of the Heavy Vehicle National Law (ACT) (see Law, s 591 (1)). 
39	Section 53A (2)
after
infringement notice offences
insert
, other than a heavy vehicle infringement notice offence
40	Section 53A (3)
substitute
	(3)	In this part:
authorised person means—
	(a)	for an infringement notice or a reminder notice for a heavy vehicle infringement notice offence—an authorised officer under the Heavy Vehicle National Law (ACT); or
Note	An authorised officer for the Heavy Vehicle National Law (ACT) means a police officer or any other person appointed under the Law, s 481 (see also Law, s 5, def authorised officer).
	(b)	in any other case—
	(i)	for an infringement notice for an infringement notice offence—
	(A)	the administering authority; or
	(B)	a person who is appointed under subsection (1) by the administering authority to serve an infringement notice for the offence; or
	(C)	anyone else who, under the regulations, may serve an infringement notice for the offence; or
	(ii)	for a reminder notice for an infringement notice offence—
	(A)	the administering authority; or
	(B)	a person who is appointed under subsection (1) by the administering authority to serve a reminder notice for the offence; or
	(C)	anyone else who, under the regulations, may serve a reminder notice for the offence.
41	Delegation of administering authority’s functions
New section 54 (1) (d)
before the note, insert
	(d)	an authorised officer under the Heavy Vehicle National Law (ACT).
42	Police officer or authorised person may require name, date of birth, address and driver licence—driver or rider
Section 58 (1), new note
insert
Note	An authorised officer (within the meaning of the Heavy Vehicle National Law (ACT)) may require a driver of a heavy vehicle to produce the driver’s driver licence (see Law, s 567A).
43	Police officer or authorised person may require people to disclose identity of driver
Section 60 (1), new note
after the penalty, insert
Note	The responsible person for, or possessor of, a heavy vehicle must disclose the identity of the driver of the heavy vehicle if required under the Heavy Vehicle National Law (ACT), s 567B.
44	Court may order disqualification for other offences
Section 64, note
substitute
Note	A court may also order that a driver is disqualified from obtaining or holding an Australian driver licence under the Heavy Vehicle National Law (ACT), s 598A.
45	Determination of fees, charges and other amounts
Section 96 (5), new definition of road transport legislation
insert
road transport legislation includes the Heavy Vehicle National Law (ACT).
46	Dictionary, new definition of heavy vehicle infringement notice offence
insert
heavy vehicle infringement notice offence, for part 3 (Infringement notices for certain offences)—see section 21A.
47	Dictionary, definition of infringement notice 
omit
section 24 (2)
substitute
section 24 (5)

Part 9	Road Transport (General) Regulation 2000
48	Internally reviewable decisions
Schedule 1, parts 1.6A and 1.6B
omit

Part 10	Road Transport (Offences) Regulation 2005
49	Identifying particulars for authorised person for infringement notice offence—pt 2
New section 4D, definition of identifying particulars, paragraph (c)
insert
	(c)	for an authorised officer under the Heavy Vehicle National Law (ACT) other than a police officer—the identification number allocated to the officer under the Law, section 486.
50	Infringement notice penalties—Act, dict, def infringement notice penalty, par (a)
Section 6 (2)
substitute
	(2)	However, if the infringement notice offence—
	(a)	is a heavy vehicle infringement notice offence and the person is a corporation, the penalty payable by the person for the infringement notice offence is P x 5; or
	(b)	is a camera-detected offence and the person is a corporation, the penalty payable by the person for the infringement notice offence is the amount worked out as follows:
(P × 5) - 120
51	Administering authority—Act, dict, def administering authority
Section 8 (1) (c) (i) and (ii)
omit
52	New section 8 (3) and (4)
insert
	(3)	The Regulator under the Heavy Vehicle National Law (ACT) is the administering authority for heavy vehicle infringement notice offences.
	(4)	However, the Regulator is taken to have delegated the Regulator’s functions in relation to the administration of infringement notice management plans (including applications for the plans) for heavy vehicle infringement notice offences to the road transport authority.
53	Sections 9 to 11
substitute
9	Authorised people for infringement notices other than heavy vehicle infringement notices—Act, s 53A (2)
A police officer may serve an infringement notice for any infringement notice offence (other than a heavy vehicle infringement notice offence).
Note	A police officer may also serve infringement notices for heavy vehicle infringement notice offences (see Heavy Vehicle National Law (ACT), s 5, def authorised officer and s 591 (1) and the Act, s 53A (3) (a)).
10	Authorised people for reminder notices other than heavy vehicle infringement notices—Act, s 53A (2)
A police officer may serve a reminder notice for any infringement notice offence (other than a heavy vehicle infringement notice offence).
Note	A police officer may also serve reminder notices for heavy vehicle infringement notice offences (see Heavy Vehicle National Law (ACT), s 5, def authorised officer and s 591 (1) and the Act, s 53A (3) (a)).
11	People authorised for infringement notices (other than heavy vehicle infringement notices) etc to have unique number
The administering authority for an infringement notice offence (other than a heavy vehicle infringement notice offence) must give a unique number to each person who is authorised by the administering authority to serve infringement or reminder notices for the offence.
Note	For heavy vehicle infringement notice offences, the Regulator under the Heavy Vehicle National Law (ACT) allocates an identification number to authorised officers under the Law, s 486. 
54	Infringement notices—service—Act, s 24 (2)
Section 12 (2) (b) (ii) and (3) (b) (ii)
after
road transport legislation
insert
, Heavy Vehicle National Law (ACT)
55	Infringement notices—contents—Act, s 25
Section 14A (2) (f)
substitute
	(f)	a statement to the effect that, if the person wants to dispute liability for the offence—
	(i)	for a heavy vehicle infringement notice offence—a proceeding may be brought against the person under the Heavy Vehicle National Law (ACT); or
Note	For proceedings for heavy vehicle infringement notice offences, see the Heavy Vehicle National Law (ACT), s 707.
	(ii)	in any other case—the issue may be referred to the Magistrates Court;
56	Section 14A (2) (g)
omit everything before subparagraph (i), substitute
	(g)	a statement to the effect that, if a proceeding or issue mentioned in paragraph (f) had been brought or referred, the person may be—
57	Reminder notices—contents—Act, s 27 (3)
Section 14B (1) (p)
substitute
	(p)	a statement to the effect that, if the person wants to dispute liability for the offence—
	(i)	for a heavy vehicle infringement notice offence—a proceeding may be brought against the person under the Heavy Vehicle National Law (ACT); or
Note	For proceedings for heavy vehicle infringement notice offences, see the Heavy Vehicle National Law (ACT), s 707.
	(ii)	in any other case—the issue may be referred to the Magistrates Court;
58	Section 14B (1) (q)
omit everything before subparagraph (i), substitute
	(q)	a statement to the effect that, if a proceeding or issue mentioned in paragraph (p) had been brought or referred, the person may be—

59	Short descriptions, penalties and demerit points
Schedule 1, new parts 1.2A and 1.2B
insert
Part 1.2A	Heavy Vehicle National Law (ACT)

column 1
item	column 2
offence provision and, if relevant, case	column 3
short description	column 4
offence penalty ($)	column 5
infringement penalty ($)	column 6
demerit points	
1	60 (1)					
1.1	·	if heavy vehicle standard relates to speed limiter	use of heavy vehicle that contravenes heavy vehicle standard	6 000	600		
1.2	·	in any other case	use of heavy vehicle that contravenes heavy vehicle standard	3 000	300		
2	79 (2)	not return as required amended/cancelled vehicle standards exemption (permit)	4 000	400		
3	80 (1)	not apply as required for replacement for defaced/destroyed/lost/stolen permit for vehicle standards exemption (permit)	4 000			
4	81 (1)	contravene condition of vehicle standards exemption	3 000	300		
5	81 (2)	use/permit to be used/heavy vehicle that contravenes condition of vehicle standards exemption	3 000	300		
6	81 (3)	use/permit to be used/heavy vehicle in way that contravenes condition of vehicle standards exemption	3 000	300		
7	82 (2)	driver of heavy vehicle fail to comply with condition of vehicle standards exemption (notice) that must keep relevant document in driver’s possession	3 000	300		
8	82 (3)	each relevant party for driver of heavy vehicle commits offence if driver commits offence against s 82 (2)	3 000	300		
9	83 (1)	driver of heavy vehicle not keep copy of permit for vehicle standards exemption (permit) in driver’s possession	3 000	300		
10	83 (2)	driver of heavy vehicle not return copy of permit for vehicle standards exemption (permit) to relevant party for driver on stopping working for relevant party	3 000	300		
11	83 (3)	each relevant party for driver of heavy vehicle commits offence if driver commits offence against s 83 (1)	3 000	300		
12	85 (1)	unapproved modification of heavy vehicle	3 000	300		
13	85 (2)	use/permit to be used unapproved modified heavy vehicle	3 000	300		
14	86 (2)	approved vehicle examiner who approves modification of heavy vehicle not give certificate approving modification as required and not ensure complying plate/label fitted/affixed to vehicle	3 000	300		
15	89 (1)	use/permit to be used unsafe heavy vehicle	6 000	600		
16	90 (1)	use/permit to be used heavy vehicle not fitted with emission control system if required by heavy vehicle standard	3 000	300		
17	90 (2)	use/permit to be used heavy vehicle fitted with emission control system not operating as designed	3 000	300		
18	90 (3)	use/permit to be used heavy vehicle fitted with emission control system and operate system in way causes non-compliance with heavy vehicle standard	3 000	300		
19	91 (1)	tamper with emission control system fitted to heavy vehicle	10 000			
20	91 (2)	operator of heavy vehicle use/permit to be used vehicle fitted with tampered emission control system	10 000			
21	92 (2)	use/permit to be used incorrect warning sign on heavy vehicle	3 000	300		
22	93 (1)	tamper with speed limiter fitted to heavy vehicle	10 000			
23	93 (2)	fit tampered speed limiter to heavy vehicle	10 000			
24	93 (3)	operator of heavy vehicle use vehicle fitted with tampered speed limiter	10 000			
25	96 (1)					
25.1	·	minor risk breach	drive heavy vehicle if vehicle (with load) not comply with mass requirements applying to vehicle—minor risk breach	4 000	400		
25.2	·	substantial risk breach	drive heavy vehicle if vehicle (with load) not comply with mass requirements applying to vehicle—substantial risk breach	6 000	600		
25.3	·	severe risk breach	drive heavy vehicle if vehicle (with load) not comply with mass requirements applying to vehicle—severe risk breach	10 000-30 000			
26	102 (1)					
26.1	·	heavy vehicle not have goods or passengers	drive heavy vehicle if vehicle (with load) not comply with dimension requirements applying to vehicle without goods or passengers	3 000	300		
26.2	·	heavy vehicle has goods or passengers and minor risk breach	drive heavy vehicle if vehicle (with load) not comply with dimension requirements applying to vehicle with goods or passengers—minor risk breach	3 000	300		
26.3	·	heavy vehicle has goods or passengers and substantial risk breach	drive heavy vehicle if vehicle (with load) not comply with dimension requirements applying to vehicle with goods or passengers—substantial risk breach	5 000	500		
26.4	·	heavy vehicle has goods or passengers and severe risk breach	drive heavy vehicle if vehicle (with load) not comply with dimension requirements applying to vehicle with goods or passengers—severe risk breach	10 000			
27	109 (2)	use heavy vehicle with stated projecting load without warning signal fixed to back of load	3 000	300		
28	111 (1)					
28.1	·	minor risk breach	drive heavy vehicle if vehicle not comply with loading requirements—minor risk breach	3 000	300		
28.2	·	substantial risk breach	drive heavy vehicle if vehicle not comply with loading requirements—substantial risk breach	5 000	500		
28.3	·	severe risk breach	drive heavy vehicle if vehicle not comply with loading requirements—severe risk breach	10 000			
29	129 (1)	driver/operator of heavy vehicle contravene condition of mass or dimension exemption	6 000	600		
30	129 (2)	use/permit to be used heavy vehicle that contravenes condition of mass or dimension exemption	6 000	600		
31	129 (3)	use heavy vehicle in way that contravenes condition of mass or dimension exemption	6 000	600		
32	130 (2)	driver of pilot/escort vehicle accompanying heavy vehicle not comply with conditions of mass or dimension exemption about use of pilot/escort vehicle	6 000	600		
33	130 (3)	operator of heavy vehicle commits offence if driver of pilot/escort vehicle commits offence against s 130 (2)	6 000	600		
34	131 (1)	driver of pilot vehicle accompanies heavy vehicle that contravenes condition of mass or dimension exemption	6 000	600		
35	132 (2)	driver of class 1/class 3 heavy vehicle fail to comply with condition of mass or dimension exemption (notice) that must keep relevant document in driver’s possession	3 000	300		
36	132 (3)	each relevant party for driver of class 1/class 3 heavy vehicle commits offence if driver commits offence against s 132 (2)	3 000	300		
37	133 (1)	driver of class 1/class 3 heavy vehicle not keep copy of permit for mass or dimension exemption (permit) in driver’s possession	3 000	300		
38	133 (2)	driver of class 1/class 3 heavy vehicle not return copy of permit for mass or dimension exemption (permit) to relevant party for driver on stopping working for relevant party	4 000	400		
39	133 (3)	each relevant party for driver of class 1/class 3 heavy vehicle commits offence if driver commits offence against s 133 (1)	3 000	300		
40	134 (1)	display heavy vehicle warning sign on heavy vehicle not under dimension exemption	3 000	300		
41	134 (2)	display pilot vehicle warning sign on pilot vehicle not being used as pilot vehicle for heavy vehicle used under dimension exemption	3 000	300		
42	137	not use class 2 heavy vehicle in accordance with class 2 heavy vehicle authorisation	6 000	600		
43	150 (1)	driver/operator of class 2 heavy vehicle contravene condition of class 2 heavy vehicle authorisation	6 000	600		
44	151 (2)	driver of class 2 heavy vehicle not comply with condition of class 2 heavy vehicle authorisation (notice) that must keep relevant document in driver’s possession	3 000	300		
45	151 (3)	each relevant party for driver of class 2 heavy vehicle commits offence if driver commits offence against s 151 (2)	3 000	300		
46	152 (1)	driver of class 2 heavy vehicle not keep copy of class 2 heavy vehicle authorisation (permit) in driver’s possession	3 000	300		
47	152 (2)	driver of class 2 heavy vehicle not return copy of permit for class 2 heavy vehicle authorisation (permit) to relevant party for driver on stopping working for relevant party	4 000	400		
48	152 (3)	each relevant party for driver of class 2 heavy vehicle commits offence if driver commits offence against s 152 (1)	3 000	300		
49	153 (1)	driver of class 2 PBS heavy vehicle not keep copy of PBS vehicle approval in driver’s possession	3 000	300		
50	153 (2)	each relevant party for driver of class 2 PBS heavy vehicle commits offence if driver commits offence against s 153 (1)	3 000	300		
51	181 (3)	not return as required amended/cancelled mass or dimension authority permit	4 000	400		
52	182 (1)	not apply as required for replacement for defaced/destroyed/lost/stolen mass or dimension authority permit	4 000			
53	183 (2)					
53.1	by contravening:
·	96—mass requirements: minor risk breach	employer/prime contractor/operator for heavy vehicle commits offence if driver of vehicle commits offence against s 96—minor risk breach	4 000	400		
53.2	by contravening:
·	96—mass requirements: substantial risk breach	employer/prime contractor/operator for heavy vehicle commits offence if driver of vehicle commits offence against s 96—substantial risk breach	6 000	600		
53.3	by contravening:
·	96—mass requirements: severe risk breach	employer/prime contractor/operator for heavy vehicle commits offence if driver of vehicle commits offence against s 96—severe risk breach	10 000-30 000			
53.4	by contravening:
·	102—dimension requirements: heavy vehicle without goods or passengers	employer/prime contractor/operator for heavy vehicle commits offence if driver of vehicle commits offence against s 102—applying to vehicle without goods or passengers	3 000	300		
53.5	by contravening:
·	102—dimension requirements: minor risk breach	employer/prime contractor/operator for heavy vehicle commits offence if driver of vehicle commits offence against s 102—minor risk breach	3 000	300		
53.6	by contravening:
·	102—dimension requirements: substantial risk breach	employer/prime contractor/operator for heavy vehicle commits offence if driver of vehicle commits offence against s 102—substantial risk breach	5 000	500		
53.7	by contravening:
·	102—dimension requirements: severe risk breach	employer/prime contractor/operator for heavy vehicle commits offence if driver of vehicle commits offence against s 102—severe risk breach	10 000			
53.8	by contravening:
·	111—loading requirements: minor risk breach	employer/prime contractor/operator for heavy vehicle commits offence if driver of vehicle commits offence against s 111—minor risk breach	3 000	300		
53.9	by contravening:
·	111—loading requirements: substantial risk breach	employer/prime contractor/operator for heavy vehicle commits offence if driver of vehicle commits offence against s 111—substantial risk breach	5 000	500		
53.10	by contravening:
·	111—loading requirements: severe risk breach	employer/prime contractor/operator for heavy vehicle commits offence if driver of vehicle commits offence against s 111—severe risk breach	10 000			
54	184 (1)	drive heavy vehicle towing more than 1 other vehicle	3 000	300		
55	185 (1)	use heavy combination with trailer in combination not securely coupled to vehicle in front	6 000	600		
56	185 (2)	use heavy combination with components of coupling not compatible/properly connected	6 000	600		
57	186 (2)	each consignor of goods commits offence if false/misleading transport documentation for mass, dimension or loading of goods	10 000			
58	186 (3)	each packer of goods commits offence if goods packed for road transport and if false/misleading transport documentation for mass, dimension or loading of goods	10 000			
59	186 (4)	each loading manager/loader of goods commits offence if goods loaded for road transport and if false/misleading transport documentation for mass, dimension or loading of goods	10 000			
60	186 (5)	each receiver of goods commits offence if goods packed for road transport and if false/misleading transport documentation for mass, dimension or loading of goods	10 000			
61	187 (2)	responsible entity for freight container gives container to operator of heavy vehicle with false/misleading container weight declaration	10 000			
62	187 (3)	operator of heavy vehicle commits offence if freight container to be transported and false/misleading container weight declaration	10 000			
63	190 (1)	responsible entity permits operator/driver of heavy vehicle to transport freight container without complying container weight declaration	6 000	600		
64	191 (1)	operator permits driver of heavy vehicle to transport freight container without complying container weight declaration	6 000	600		
65	191 (3)	operator of heavy vehicle gives freight container to carrier without complying container weight declaration or prescribed particulars in complying container weight declaration	6 000	600		
66	192 (1)	drive heavy vehicle with freight container without complying container weight declaration	6 000	600		
67	192 (2)	driver of heavy vehicle not keep as required complying container weight declaration while transporting freight container	3 000	300		
68	193 (2)	each consignor/packer commits offence if weight of freight container exceeds maximum gross weight marked on container/container’s safety approval plate	10 000			
69	194 (1)	consignee of goods by act or omission induces or  rewards contravention of mass, dimension or loading requirement	10 000			
70	488	authorised officer not return identity card as required	3 000	300		
71	513 (4)	driver of heavy vehicle fail to comply with authorised officer’s direction to stop	6 000	600		
72	514 (3)	driver of heavy vehicle fail to comply with authorised officer’s direction not to move vehicle/interfere with vehicle or equipment/interfere with vehicle load	6 000	600		
73	516 (3)	driver/operator of heavy vehicle fail to comply with authorised officer’s direction to move stationary/stopped vehicle	6 000	600		
74	517 (4)	driver/operator of heavy vehicle fail to comply with authorised officer’s direction to move vehicle/or do anything else to avoid harm/obstruction	6 000	600		
75	522 (5)	person in charge/registered operator/owner of heavy vehicle not produce vehicle for inspection as required by authorised officer’s notice	6 000	600		
76	524 (5)					
76.1	·	direction under s 524 (2)	driver of heavy vehicle fail to comply with authorised officer’s direction to vacate/not occupy driver’s seat or leave/not enter vehicle	6 000	600		
76.2	·	direction under s 524 (3)	person accompanying driver fail to comply with authorised officer’s direction to leave/ not enter vehicle	3 000	300		
77	526 (4)	driver of heavy vehicle not give defect notice to operator as required	3 000	300		
78	528 (3)	remove/deface defective vehicle label attached to heavy vehicle	3 000	300		
79	529					
79.1	·	minor defect	use/permit to be used heavy vehicle in contravention of vehicle defect notice—minor defect	3 000
	300
	1 (NS)
	
79.2	·	major defect	use/permit to be used heavy vehicle in contravention of vehicle defect notice—major defect	3 000	300	3 (NS)	
80	533 (7)	driver/operator of heavy vehicle fail to comply with authorised officer’s direction in relation to stated minor risk breach of mass, dimension or loading requirements	10 000	1 000		
81	534 (5)	driver/operator of heavy vehicle fail to comply with authorised officer’s direction in relation to stated substantial risk breach of mass, dimension or loading requirements	10 000	1 000		
82	535 (5)	driver/operator of heavy vehicle fail to comply with authorised officer’s direction in relation to stated severe risk breach of mass, dimension or loading requirements	10 000			
83	553 (3)	fail to comply with authorised officer’s requirement to enable seizure of thing	10 000			
84	558 (1)	fail to comply with embargo notice	10 000			
85	558 (3)	not take reasonable steps to stop someone else from contravening embargo notice	10 000			
86	559 (3)	fail to comply with authorised officer’s requirement to seal/restrict access to/make inoperable embargoed thing	10 000			
87	559 (4)	tamper with restricted access/embargoed thing without authorised officer’s approval	10 000			
88	559 (5)	enter restricted place/tamper with anything used to restrict access to place without authorised officer’s approval	10 000			
89	567 (4)	not state/give evidence of name/address/date of birth when required by authorised officer	3 000	300		
90	567A	driver of heavy vehicle not give licence when required by authorised officer	20pu	135		
91	567B	responsible person/possessor not give particulars of driver/written signed statement required by authorised officer	20pu	203		
92	568 (3)	driver of heavy vehicle not give document/device/other thing when required by authorised officer	an amount equal to amount of maximum penalty for offence of failing to keep document/ device/other thing in driver’s possession	300		
93	568 (7)	person responsible for keeping document not certify copy or entry in document when required by authorised officer	3 000	300		
94	569 (2)	responsible person for heavy vehicle not make available or produce stated document for inspection when required by authorised officer	6 000	600		
95	569 (7)	person responsible for keeping document not certify copy or entry in document when required by authorised officer	3 000	300		
96	570 (3)	responsible person for heavy vehicle fail to comply with authorised officer’s requirement to give stated information/details to officer	6 000			
97	573 (1)	fail to comply with improvement notice	10 000			
98	577 (4)	occupier or person at place/driver of heavy vehicle fail to comply with authorised officer’s requirement to give officer reasonable help	10 000			
99	584 (1)	obstruct authorised officer/helper/assistant exercising power	10 000			
100	585 	impersonate authorised officer	10 000			
101	604	fail to comply with supervisory intervention order	10 000			
102	610	fail to comply with prohibition order	10 000			
103	697 (3)	make improper use of position/information because of exercise of functions under Heavy Vehicle National Law (ACT)	10 000			
104	699 (1)	employer dismisses/prejudices employee for giving information/making complaint about contravention of Heavy Vehicle National Law (ACT)	10 000			
105	699 (2)	employer not offer employment/treat prospective employee less favourably for giving information/making complaint about contravention of Heavy Vehicle National Law (ACT)	10 000			
106	700 (4)	employer not comply with court order for reinstatement of employee or employment of prospective employee	10 000			
107	701 (1)	knowingly make false/misleading statement to official	10 000			
108	701 (2)	recklessly make false/misleading statement to official	8 000			
109	702 (1)	knowingly give official document containing false/misleading information	10 000			
110	702 (3)	recklessly give official document containing false/misleading information	8 000			
111	703 (1)	responsible person for heavy vehicle knowingly gives another responsible person false/misleading information	10 000			
112	703 (2)	responsible person for heavy vehicle recklessly gives another responsible person false/misleading information	8 000			
113	704 (1)	falsely represent heavy vehicle authority granted/operating under heavy vehicle authority	10 000			
114	704 (2)	represent operating under heavy vehicle authority no longer in force	10 000			
115	704 (3)	possess document that falsely purports to be accreditation certificate etc	10 000			
116	728 (1)	disclose protected information	20 000			
117	729 (1)	use protected information other than for authorised use	20 000			
118	729 (3)	use disclosed protected information other than for authorised use	20 000			

Part 1.2B	Heavy Vehicle (Mass, Dimension and Loading) National Regulation

column 1
item	column 2
offence provision and, if relevant, case	column 3
short description	column 4
offence penalty ($)	column 5
infringement penalty ($)	column 6
demerit points	
1	11 (1)	drive CML heavy vehicle under concessional mass limit without relevant accreditation label maintained as required	3 000	300		
2	16 (2)	use/permit to be used/HML heavy vehicle in area/on route in contravention of condition of HML declaration	3 000	300		
3	28	driver/operator of HML heavy vehicle contravene condition of HML permit	3 000	300		
4	34 (2)	not return amended/cancelled HML permit as required	4 000	400		
5	35 (1)	not apply for replacement for defaced/destroyed/lost/stolen HML permit as required	4 000			
6	36 (2)	drive HML heavy vehicle under higher mass limit without relevant accreditation maintained as required	3 000	300		

60	Schedule 1, parts 1.8A and 1.8B
omit

Part 11	Road Transport (Public Passenger Services) Act 2001
61	Name of Act
Section 1, note 2
omit
·	Road Transport (Mass, Dimensions and Loading) Act 2009
62	Section 1, note 3
substitute
Note 3	Other laws dealing with road transport include the Dangerous Goods (Road Transport) Act 2009 and the Heavy Vehicle National Law (ACT).
Note 4	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

Part 12	Road Transport (Safety and Traffic Management) Act 1999
63	Name of Act
Section 1, note 2
omit
·	Road Transport (Mass, Dimensions and Loading) Act 2009
64	Section 1, note 3
substitute
Note 3	Other laws dealing with road transport include the Dangerous Goods (Road Transport) Act 2009 and the Heavy Vehicle National Law (ACT).
Note 4	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

Part 13	Road Transport (Safety and Traffic Management) Regulation 2000
65	General
Division 2.2.1 heading, note 3, table, item 8, column 3
omit
Road Transport (Mass, Dimensions and Loading) Act 2009
substitute
Heavy Vehicle National Law (ACT)
66	ARR dict—definitions for dictionary
Section 33 (1), definition of oversize vehicle, paragraph (a)
substitute
	(a)	the Heavy Vehicle National Law (ACT); or

Part 14	Road Transport (Third-Party Insurance) Act 2008
67	Name of Act
Section 1, note 2
omit
·	Road Transport (Mass, Dimensions and Loading) Act 2009
68	Section 1, note 3
substitute
Note 3	Other laws dealing with road transport include the Dangerous Goods (Road Transport) Act 2009 and the Heavy Vehicle National Law (ACT).
Note 4	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

Part 15	Road Transport (Vehicle Registration) Act 1999
69	Name of Act
Section 1, note 2
omit
·	Road Transport (Mass, Dimensions and Loading) Act 2009
70	Section 1, note 3
substitute
Note 3	Other laws dealing with road transport include the Dangerous Goods (Road Transport) Act 2009 and the Heavy Vehicle National Law (ACT).
Note 4	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
71	Dictionary, definition of vehicle standard
substitute
vehicle standard—
	(a)	includes a standard or other requirement relating to the construction, design or equipment of a registrable vehicle; but
	(b)	does not include a heavy vehicle standard within the meaning of the Heavy Vehicle National Law (ACT).

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 24 October 2013.
2	Notification
	Notified under the Legislation Act on 9 December 2013.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

I certify that the above is a true copy of the Heavy Vehicle National Law (Consequential Amendments) Bill 2013, which was passed by the Legislative Assembly on 28 November 2013. 

Clerk of the Legislative Assembly

© Australian Capital Territory 2013