HEAVY VEHICLE NATIONAL LAW AND OTHER LEGISLATION AMENDMENT ACT 2016 - As at 9 December 2016 - Act 65 of 2016
Table of Provisions
CHAPTER 1 - PRELIMINARY
- 1 Short title
- 2 Commencement
CHAPTER 2 - RESPONSIBILITY AMENDMENTS
- 3 Act amended
- 4 Amendment of s 10 (Relevant tribunal or court)
- 5 Omission of s 16 (Offences for which the persons charged do not have the benefit of the mistake of fact defence)
PART 2 - AMENDMENT OF HEAVY VEHICLE NATIONAL LAW
- 6 Law amended
- 7 Amendment of s 5 (Definitions)
- 8 Omission of s 14 (References to mistake of fact defence)
- 9 Amendment of s 18 (Relationship with primary work health and safety laws)
- 10 Insertion of new Ch 1A
- 11 Amendment of s 33 (Unregistered heavy vehicle temporarily in Australia)
- 12 Amendment of s 50 (Obtaining registration or registration items by false statements etc.)
- 13 Amendment of s 82 (Keeping relevant document while driving under vehicle standards exemption (notice))
- 14 Amendment of s 83 (Keeping copy of permit while driving under vehicle standards exemption (permit))
- 15 Amendment of s 91 (Person must not tamper with emission control system fitted to heavy vehicle)
- 16 Amendment of s 93 (Person must not tamper with speed limiter fitted to heavy vehicle)
- 17 Amendment of s 96 (Compliance with mass requirements)
- 18 Amendment of s 102 (Compliance with dimension requirements)
- 19 Amendment of s 111 (Compliance with loading requirements)
- 20 Amendment of s 130 (Contravening condition of mass or dimension exemption relating to pilot or escort vehicle)
- 21 Amendment of s 132 (Keeping relevant document while driving under mass or dimension exemption (notice))
- 22 Amendment of s 133 (Keeping copy of permit while driving under mass or dimension exemption (permit))
- 23 Amendment of s 151 (Keeping relevant document while driving under class 2 heavy vehicle authorisation (notice))
- 24 Amendment of s 152 (Keeping copy of permit while driving under class 2 heavy vehicle authorisation (permit))
- 25 Amendment of s 153 (Keeping copy of PBS vehicle approval while driving under class 2 heavy vehicle authorisation)
- 26 Omission of Pt 4.8 (Extended liability)
- 27 Amendment of s 186 (False or misleading transport documentation for goods)
- 28 Amendment of s 187 (False or misleading information in container weight declaration)
- 29 Amendment of s 190 (Duty of responsible entity)
- 30 Amendment of s 191 (Duty of operator)
- 31 Amendment of s 192 (Duty of driver)
- 32 Amendment of s 193 (Weight of freight container exceeding weight stated on container or safety approval plate)
- 33 Omission of s 194 (Conduct of consignee resulting or potentially resulting in contravention of mass, dimension or loading requirement)
- 34 Amendment of s 199 (Recovery of losses for provision of inaccurate container weight declaration)
- 35 Omission of Ch 5 (Vehicle operations—speeding)
- 36 Amendment of s 221 (Definitions for Ch 6)
- 37 Omission of s 227 (Who is a party in the chain of responsibility)
- 38 Amendment of Pt 6.2, Div 2, hdg (Duty to avoid and prevent fatigue)
- 39 Omission of s 229 (Duty of party in the chain of responsibility to prevent driver driving while fatigued)
- 40 Omission of Pt 6.2, Divs 3–8
- 41 Amendment of s 250 (Operating under standard hours—solo drivers)
- 42 Amendment of s 251 (Operating under standard hours—two-up drivers)
- 43 Amendment of s 254 (Operating under BFM hours—solo drivers)
- 44 Amendment of s 256 (Operating under BFM hours—two-up drivers)
- 45 Amendment of s 258 (Operating under AFM hours)
- 46 Amendment of s 260 (Operating under exemption hours)
- 47 Omission of Pt 6.3, Div 6 (Extended liability)
- 48 Amendment of s 263 (Operating under new work and rest hours option after change)
- 49 Amendment of s 264 (Duty of employer, prime contractor, operator and scheduler to ensure driver compliance)
- 50 Amendment of s 287 (Keeping relevant document while operating under work and rest hours exemption (notice))
- 51 Amendment of s 288 (Keeping copy of permit while driving under work and rest hours exemption (permit))
- 52 Amendment of s 311 (What record keeper must do if electronic work diary filled up)
- 53 Amendment of s 312 (What record keeper must do if electronic work diary destroyed, lost or stolen)
- 54 Amendment of s 313 (What record keeper must do if electronic work diary not in working order or malfunctioning)
- 55 Replacement of s 315 (Liability of employer etc. for driver’s contravention of particular requirements of this Division)
- 56 Amendment of s 319 (Records record keeper must have)
- 57 Amendment of s 321 (Records record keeper must have)
- 58 Amendment of s 322 (General requirements about driver giving information to record keeper)
- 59 Amendment of s 323 (Requirements about driver giving information to record keeper if driver changes record keeper)
- 60 Amendment of s 324 (Record keeper must give information from electronic work diary)
- 61 Amendment of s 325 (False or misleading entries)
- 62 Amendment of s 335 (Person must not tamper with approved electronic recording system)
- 63 Amendment of s 336 (Person using approved electronic recording system must not permit tampering with it)
- 64 Amendment of s 336A (Reporting tampering or suspected tampering with electronic work diary)
- 65 Amendment of s 337 (Intelligent access reporting entity must not permit tampering with approved electronic recording system)
- 66 Amendment of s 341 (Period for which, and way in which, records must be kept)
- 67 Amendment of s 376 (Keeping relevant document while operating under work diary exemption (notice))
- 68 Amendment of s 396 (Owner must maintain odometer)
- 69 Amendment of s 398 (What owner must do if odometer malfunctioning)
- 70 Amendment of s 399 (What employer or operator must do if odometer malfunctioning)
- 71 Amendment of s 404 (Offence to give false or misleading information to intelligent access service provider)
- 72 Amendment of s 405 (Advising vehicle driver of collection of information by intelligent access service provider)
- 73 Amendment of s 407 (Advising driver of driver’s obligations about reporting system malfunctions)
- 74 Amendment of s 410 (Collecting intelligent access information)
- 75 Amendment of s 412 (Protecting intelligent access information)
- 76 Amendment of s 421 (Destroying intelligent access information etc.)
- 77 Amendment of s 427 (Collecting intelligent access information)
- 78 Amendment of s 428 (Protecting intelligent access information collected)
- 79 Amendment of s 437 (Destroying intelligent access information or removing personal information from it)
- 80 Amendment of s 441 (Collecting intelligent access information)
- 81 Amendment of s 442 (Protecting intelligent access information collected)
- 82 Amendment of s 450 (Destroying intelligent access information or removing personal information from it)
- 83 Amendment of s 459 (Application for heavy vehicle accreditation)
- 84 Amendment of s 468 (Driver operating under BFM accreditation or AFM accreditation must carry accreditation details)
- 85 Amendment of s 518 (Moving unattended heavy vehicle on road to exercise another power)
- 86 Amendment of s 556 (Return of seized things or samples)
- 87 Amendment of s 557 (Power to issue embargo notice)
- 88 Amendment of s 558 (Noncompliance with embargo notice)
- 89 Amendment of s 569 (Power to require production of documents etc. generally)
- 90 Amendment of s 570 (Power to require information about heavy vehicles)
- 91 Insertion of new s 570A
- 92 Amendment of s 578 (Duty to minimise inconvenience or damage)
- 93 Amendment of s 579 (Restoring damaged thing)
- 94 Amendment of s 588 (Evidential immunity for individuals complying with particular requirements)
- 95 Amendment of s 590 (Formal warning)
- 96 Insertion of new Pt 10.1A
- 97 Amendment of s 592 (Recording information about infringement penalties)
- 98 Amendment of s 611 (Court may make compensation order)
- 99 Omission of Pt 10.4, Divs 1 and 2
- 100 Replacement of Pt 10.4, Div 3, hdg (Other defences)
- 101 Insertion of new s 632A
- 102 Amendment of s 634 (Multiple offences)
- 103 Amendment of s 636 (Liability of executive officers of corporation)
- 104 Amendment of s 637 (Treatment of unincorporated partnerships)
- 105 Amendment of s 638 (Treatment of other unincorporated bodies)
- 106 Amendment of s 701 (False or misleading statements)
- 107 Amendment of s 702 (False or misleading documents)
- 108 Replacement of s 707 (Proceedings for offences)
- 109 Amendment of s 710 (Averments)
- 110 Insertion of new s 726A
- 111 Insertion of new s 735A
- 112 Amendment of s 742 (Contracting out prohibited)
- 113 Replacement of Sch 4 (Provisions specified for liability of executive officers for offences by corporations)
CHAPTER 3 - MAINTENANCE AMENDMENTS
- 114 Act amended
- 115 Amendment of s 26 (Amendment or cancellation of mass or dimension exemption (notice) on request by commissioner)
PART 2 - AMENDMENT OF HEAVY VEHICLE NATIONAL LAW
- 116 Law amended
- 117 Amendment of s 5 (Definitions)
- 118 Amendment of s 45 (Amendment or cancellation of registration exemption)
- 119 Amendment of s 46 (Immediate suspension)
- 120 Amendment of s 66 (Amendment or cancellation of vehicle standards exemption (notice))
- 121 Amendment of s 67 (Immediate suspension on Regulator’s initiative)
- 122 Amendment of s 173 (Amendment or cancellation on Regulator’s initiative)
- 123 Amendment of s 174 (Amendment or cancellation on request by relevant road manager)
- 124 Amendment of s 175 (Immediate suspension)
- 125 Insertion of new s 175A
- 126 Amendment of s 176 (Amendment or cancellation on application by permit holder)
- 127 Amendment of s 180 (Minor amendment of permit for a mass or dimension authority)
- 128 Amendment of s 271 (Amendment or cancellation of work and rest hours exemption (notice))
- 129 Amendment of s 272 (Immediate suspension)
- 130 Amendment of s 362 (Amendment or cancellation of work diary exemption (notice))
- 131 Amendment of s 382 (Amendment or cancellation of fatigue record keeping exemption (notice))
- 132 Amendment of s 457 (Definitions for Ch 8)
- 133 Amendment of s 466 (Accreditation labels for maintenance management accreditation and mass management accreditation)
- 134 Insertion of new ss 531A and 531B
- 135 Amendment of s 586 (Multiple requirements)
- 136 Insertion of new s 655A
- 137 Insertion of new s 740A
- 138 Insertion of new Pt 14.4
- 139 Amendment of various provisions
- 140 Act amended
- 141 Insertion of new s 155A
- 141A Insertion of new ch 12, pt 4
- 142 Insertion of new ch 13, pt 17