Australian Capital Territory

Heavy Vehicle National Law (ACT) Access Canberra Delegation 2017 (No 1)*
Notifiable instrument NI2017-108
made under the 
Heavy Vehicle National Law (ACT) section 661 
1.	Name of Instrument
This instrument is the Heavy Vehicle National Law (ACT) Access Canberra Delegation 2017 (No 1).
2.	Commencement
This instrument commences on 1 March 2017.
3.	Delegation
1)	I exercise the functions delegated to me under the National Heavy Vehicle Regulator Legislative Delegations, Delegation of Regulator’s Functions Under the Heavy Vehicle National Law to the Director-General of Transport Canberra and City Services, Director-General of the Justice and Community Safety Directorate, and the Chief Operating Officer of Access Canberra, Australian Capital Territory, dated 20 February 2017. 
2)	For the purpose of giving effect to the Heavy Vehicle National Law in the Australian Capital Territory, I sub-delegate each function identified in column 4 of Schedule 1 to the persons holding or occupying from time to time the positions identified in column 2 of the Schedule, subject to the conditions (if any) specified in the corresponding column 5 of the Schedule.
Note: the persons identified are appropriately qualified employees of the Australian Capital Territory Public Service.
4.	Defined terms
The Dictionary in section 5 of the Heavy Vehicle National Law (Qld) provides definitions for this instrument.

David Snowden
Chief Operating Officer
Access Canberra
28 February 2017

Schedule 1: Delegations

Column 1	Column 2	Column 3	Column 4	Column 5	
Act / Section 	Position Number	Designation	Function	Conditions	
Chapter 3: Vehicle Operations – Standards and safety	
Heavy Vehicle National Law (ACT) 2014
s87	E346
31036
32923
02424
38063
00900
01127
03184	Director
SOGA
SOGC
TO4

T03
	Approval of Modification by Regulator
Issue a certificate and issue a plate or label under s87(3)		
Heavy Vehicle National Law (ACT) 2014
s175	E346
31036
32923
02424
38063
00900
01127
03184	Director
SOGA
SOGC
TO4

T03
	Immediate suspension of a mass or dimension authority (notice) by Regulator
Suspend a mass or dimension authority issued by notice	The delegate may only suspend a mass or dimension authority where the authority has effect entirely within the participating jurisdiction	
Heavy Vehicle National Law (ACT) 2014
s179	E346
31036
32923
02424
38063
00900
01127
03184	Director
SOGA
SOGC
TO4

T03
	Immediate suspension of a mass or dimension authority (permit) by Regulator

Suspend a mass or dimension authority issued by permit	The delegate may only suspend a mass or dimension authority where the authority has effect entirely within the participating jurisdiction	

Column 1	Column 2	Column 3	Column 4	Column 5	
Act / Section 	Position Number	Designation	Function	Conditions	
Chapter 4: Vehicle Operations – Mass, dimension and loading	
Heavy Vehicle National Law (ACT) 2014
s197	E346
	Director
	Exemption from compliance with particular requirements in emergency
Exempt a heavy vehicle, or the driver or operator of a heavy vehicle, from a prescribed requirement	The function is exercisable in relation to an area or route in the ACT jurisdiction	
Chapter 9: Enforcement	
Heavy Vehicle National Law (ACT) 2014
s482	E346
31036
21223
32923	Director
SOGA
SOGB
SOGC	Appointment conditions and limit on powers

Limit an authorised officer’s powers under s482(1)(b)	The notice may be issued under this section to an authorised officer who is employed in the ACT Public Service	
Heavy Vehicle National Law (ACT) 2014
s484	E346
31036
21223	Director
SOGA
SOGB
	Resignation

Accept the resignation of an authorised officer	This function may only be exercised with respect to an authorised officer who is employed in the ACT Public Service	
Heavy Vehicle National Law (ACT) 2014
S486	E346
31036
21223
32923	Director
SOGA
SOGB
SOGC	Issue of identity card

Issue an identity card to each authorised officer under s486(1)	This function may only be exercised with respect to an authorised officer who is employed in the ACT Public Service	

Column 1	Column 2	Column 3	Column 4	Column 5	
Act / Section 	Position Number	Designation	Function	Conditions	
Heavy Vehicle National Law (ACT) 2014
S488	E346
31036
21223
32923	Director
SOGA
SOGB
SOGC	Return of identity card

Accept the return of an identity card under this section	This function may only be exercised with respect to an authorised officer who is employed in the ACT Public Service	
Heavy Vehicle National Law (ACT) 2014
s530	E346
31036
00867
21223
32923
02424
38063
00900
01127
03184
03178
03179
03180
03181
03182
03183
03185
26693
26695
26698
26699
26701
20359

	Director
SOGA
SOGB

SOGC
TO4

T03

GSO8
	Clearance of vehicle defect notices

Clear a defect notice under s 530(1); and arrange for a label to be removed under s530(2)		

Column 1	Column 2	Column 3	Column 4	Column 5	
Act / Section 	Position Number	Designation	Function	Conditions	
Heavy Vehicle National Law (ACT) 2014
s531	E346
31036
21223
32923
38063	Director
SOGA
SOGB
SOGC
TO4	Amendment or withdrawal of vehicle defect notices

Approve:
•	for the purposes of s531(1)(c), a class of authorised officers, not being police officers, to amend or withdraw a vehicle defect notice issued in this jurisdiction by an authorised officer who is a police officer; and
•	for the purposes of s531(2), a class of authorised officers, not being police officers, to amend or withdraw a vehicle defect notice issued in this jurisdiction by an authorised officer who is not a police officer		
Heavy Vehicle National Law (ACT) 2014
s556
	E346
31036
00867
21223
32923	Director
SOGA
SOGB

SOGC
	Return of seized things or samples

Return a thing or sample to its owners in accordance with
s556(7)		

Column 1	Column 2	Column 3	Column 4	Column 5	
Act / Section 	Position Number	Designation	Function	Conditions	
Heavy Vehicle National Law (ACT) 2014
s557(2)	E346
31036
00867
21223
32923	Director
SOGA
SOGB

SOGC	Power to issue embargo notice

Provide written consent enabling a person to deal with a thing subject to an embargo notice		
Heavy Vehicle National Law (ACT) 2014
s561	E346
31036
00867
21223
32923	Director
SOGA
SOGB

SOGC	Power to forfeit particular things or samples

Decide a thing or sample is forfeited under this section		
Heavy Vehicle National Law (ACT) 2014
s562	E346
31036
00867
21223
32923	Director
SOGA
SOGB

SOGC	Information notice for forfeiture decision

Provide an information notice under s562(1)		
Heavy Vehicle National Law (ACT) 2014
s563	E346
31036
00867
21223
32923	Director
SOGA
SOGB

SOGC	Forfeited or transferred thing or sample becomes property of the Regulator

Accept transfer of ownership of a thing or sample under this section		
Heavy Vehicle National Law (ACT) 2014
sS564	
	E346
31036
00867
21223
32923	Director
SOGA
SOGB

SOGC	How property may be dealt with

Take action under
s564 to deal with a thing or sample		

Column 1	Column 2	Column 3	Column 4	Column 5	
Act / Section 	Position Number	Designation	Function	Conditions	
Heavy Vehicle National Law (ACT) 2014
s565	E346
31036
00867
21223
32923	Director
SOGA
SOGB

SOGC	Third party protection

Act on behalf of the Regulator in relation to proceedings under s565		
Heavy Vehicle National Law (ACT) 2014
s575	E346
31036
00867
21223
32923
02424
38063
00900
01127
03184
03178
03179
03180
03181
03182
03183
03185
26693
26695
26698
26699
26701
20359	Director
SOGA
SOGB

SOGC
TO4

T03

GS08
	Revocation of an improvement notice

The sub delegate may revoke an improvement notice given to a person by an authorised officer who is not a police officer under s575(2)		

Column 1	Column 2	Column 3	Column 4	Column 5	
Act / Section 	Position Number	Designation	Function	Conditions	
Heavy Vehicle National Law (ACT) 2014
s592	E346
31036
00867
21223
04683
32923
	Director
SOGA
SOGB

SOGC
	Recording information about infringement penalties

Keep a record of:
•	each infringement notice issued for the purposes of this Law; and
the payment of a fine sought by an infringement notice by a person to whom the notice is issued for the purposes of this Law.		
Heavy Vehicle National Law (ACT) 2014
s598	E346
31036
00867
21223
04683
32923
	Director
SOGA
SOGB

SOGC
	Power to cancel or suspend vehicle registration

Receive notification under 598(5) of a decision made by a Court under 598(2) and (3).	Limited to receiving notification of decisions made concerning vehicles registered in Queensland.	
Heavy Vehicle National Law (ACT) 2014
s639	E346
31036
00867
21223
04683
32923
	Director
SOGA
SOGB

SOGC
	Liability of registered operator

Receive an operator declaration under 
s639(4)	The declaration may be received for an infringement notice issued by an authorised officer in this jurisdiction for an offence under the Heavy Vehicle National Law (ACT).	

Column 1	Column 2	Column 3	Column 4	Column 5	
Act / Section 	Position Number	Designation	Function	Conditions	
Chapter 11: Reviews and Appeals	
Heavy Vehicle National Law (ACT) 2014
s641
	E346
31036
00867
21223
04683
32923
	Director
SOGA
SOGB

SOGC
	Applying for internal review
•	Accept an application for review of a reviewable decisions;
•	extend the time for making a review application;
•	provide a statement of reasons.		
Heavy Vehicle National Law (ACT) 2014
s642(5)	E346
31036
00867
21223
04683
32923
	Director
SOGA
SOGB

SOGC
	Stay of reviewable decisions made by Regulator or authorised officer

Be a party to an application made in relation to a reviewable decision	The function is limited to a decision made by a sub delegate in this jurisdiction	
Heavy Vehicle National Law (ACT) 2014
 s644 and 645	E346
31036
00867
21223
04683
32923	Director
SOGA
SOGB

SOGC
	Internal review

Conduct a review of a reviewable decision and make a review decision		

Column 1	Column 2	Column 3	Column 4	Column 5	
Act / Section 	Position Number	Designation	Function	Conditions	
Chapter 12 Administration	
Heavy Vehicle National Law (ACT) 2014
s659(2)(a)(ii)
	E346
31036
00867
21223
04683
32923	Director
SOGA
SOGB

SOGC
	Functions of Regulator

•	Provide the administrative services necessary for any functions delivered by the delegate; and
•	collect fees, charges and other amounts payable under this Law		
Heavy Vehicle National Law (ACT) 2014
s659(2)(b)	E346
31036
00867
21223
04683
32923	Director
SOGA
SOGB

SOGC
	Functions of Regulator

Monitor compliance with this Law		
Heavy Vehicle National Law (ACT) 2014
 s659(2)(c)	E346
31036
00867
21223
04683
32923	Director
SOGA
SOGB

SOGC
	Functions of Regulator

Investigate contraventions or possible contraventions of provisions of this Law, including offences against this Law		
Heavy Vehicle National Law (ACT) 2014
 s659(2)(f)	E346
31036
00867
21223
04683
32923	Director
SOGA
SOGB

SOGC
	Conduct reviews of particular decisions made under this Law	The function is limited to decisions made by a sub delegate in this jurisdiction or an authorised officer of this jurisdiction	
Heavy Vehicle National Law (ACT) 2014
s659(2)(g)	E346
31036
00867
21223
04683
32923	Director
SOGA
SOGB

SOGC
	Conduct and defend appeals from decisions on reviews mentioned in paragraph 
s659(2)(f)	The function is limited to decisions made by a subdelegate in this jurisdiction or an authorised officer of this jurisdiction	

Column 1	Column 2	Column 3	Column 4	Column 5	
Act / Section 	Position Number	Designation	Function	Conditions	
Chapter 13: General	
Heavy Vehicle National Law (ACT) 2014
s711	E346
31036
00867
21223
04683
32923	Director
SOGA
SOGB

SOGC
	Evidence by certificate by Regulator generally

Issue a certificate with respect to the matter specified in this section		
Heavy Vehicle National Law (ACT) 2014
s735	E346
31036
21223
32923
	Director
SOGA
SOGB
SOGC	Approved forms

Approve forms for the national law	The forms that may be approved will be limited in their operation to this jurisdiction.
The forms must be notified to the Regulator for publication on its website prior to coming into use.	
Heavy Vehicle National Law (ACT) 2014
 s741	E346
31036
00867
21223
04683
32923	Director
SOGA
SOGB

SOGC
	Recovery of amounts payable under Law

Recover any fee, charge or other amount payable under this Law	The function is exercisable in relation to a fee, charge or other amount payable in relation to a service performed in this jurisdiction	
Heavy Vehicle National Law (ACT) 2014
s752	E346
31036
00867
21223
04683
32923	Director
SOGA
SOGB

SOGC
	Pending matters

Deal with a pending matter mentioned in 
s752(1)